What if you owe them money!

**Handsoffitsmine** · 22nd August 2006 00:25

Here's one to get your teeth into!

What happens if you owe them money - can you still seek to recover charges?

Will it jeopordise my claim?

I sought advice from the CAB (Citizens Advice Burea) regarding my debt problems. They advised me to open a basic bank account elsewhere and have my wages paid into that account. Therefore no money would now be going into Abbey icon

. To be honest I had to take this course of action because we were sinking very quickly. The CAB would then liaise with Abbey regarding repayment of my overdraft icon

(I had an overdraft of £950 which was over and currently stood at £1,000; so already over by £50. I received a statement from them recently which read overdraft now stands at £1,050 so gone up another £50. The CAB are negotiating a repayment schedule but say they will wait to hear from them as Abbey would now sell the debt to a debt recovery company). I have three years worth of statements and so still need the other 3 years, but already my bank charges alone stand at £4,005 thats without adding monthly interest. The way I see it is why should I have to scrimp and scrape to pay back this overdraft when they actually owe me! ALOT! Surely cant they deduct what I owe them from what they owe me?!!

Any thoughts - please!!

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**MARTIN3030** · 22nd August 2006 00:48

First things first.
Your charges for the statements you have already total over 4k so thats a good place to start.
You can split the claim as its likely to be over the 5k mark for moneyclaim ......or you can go the other route to open court.

Have a read at the faqs.

You can take steps to have payments suspended to the DCA icon

whilst the origins of the debt are being investigated.

But it is strongly suggested that you maintain any payment agreements already in place if you can afford to do so.

First step then is a prelim letter asking for charges back.
In the meantime push for the rest of your statements.

**gordonhall** · 22nd August 2006 00:48

Hi there,

So if I read you properly, you owe them approx £1050 and they owe you over £4K.

I think you have two options

1) start your claim now. Abbey icon

could get nasty and close the account/ withdraw the overdraft icon

etc, and make things even worse for you. However, it does get the ball rolling and you should be able to stop them putting pressure on you whilst the debt is being checked out.

2) wait until an agreement is made with abbey/debt collection icon

agency and then claim. If it goes to a debt collection agency, you will have the benefit of being able to take the money and do what you please with it (may as well use it sensibly though!!!!)

Also, because your claim is almost certainly going to be over 5K, make sure you split it into two or more seperate amounts, as the small claims court have a 5K limit, unless you want to incurr extra costs - not a good idea.

**Handsoffitsmine** · 24th August 2006 18:03

Many thanks for your advice. Think I will apply for statements first so I know where I stand. Don't want to be guessing or doing any of this blind!

Good luck to you both in your conquest!!

Claire

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