Hi all, newbie here needing advice before possible court action.
I was in dispute with Aqua over charges applied after they closed the account and my account was being managed by their dispute team.
However, Aqua sold the debt refusing to accept my dispute.
I had been getting hassling calls from DCA and kept asking them to return the account to Aqua.
Eventually after about 5 calls in 2 months i sent them a Cease and Desist email
(I know it should be by mail but they confirmed receipt of the email and later in writing.)
They have since just sent me copies of statements showing the balance being claimed matched the last statement.
Conveniently they had no record of the dispute with Aqua.
I dont dispute all the debt and offered them same as I offered Aqua (750 of a 1000 balance - the extra being i believe unenforceable charges
--In brief they've closed the account because they withdrew the product from all customers apparently.
I have a letter showing this and sent it to DCA.
At that time Aqua should have closed the account (to confuse matters Aqua never actually closed the account when they said in writing they would)
but had they done it,
i no longer had a line of credit and my argument is you cant charge overlimit fees once the limit is removed by closing the account.
I refused to pay them anything all the time they continued to charge me these fees, hoping common sense would prevail
I suggested to DCA they have 3 options
- return to Aqua,
accept my offer which is still probably double what they paid for it
or take me to court..
NB Till now, they have not yet sent me a copy of the original CCA so i suspect they are unlikely to go to court without it.
Just to add all the comms between me and Aqua were via their secure email as part of my account
and i attempted to get a copy of those mails and Aqua claim they are no longer available
so evidence of the exchanges cant be found.
Hence i am looking for general guidance about :
1) Can a CC sell an account in dispute?
2) Can a DCA refuse to return an account in dispute with the original CC
3) As part of the C&D letter I told them I would start charging for my time if they contact me further unless its to accept one of the three options
- i wont physically invoice them but presumably can keep a record and if it goes to court and i win ,deduct it from my settlement?
4) Any thoughts on my statement that once a CC account is closed by pure reason of them no longer offering the service,
can they charge overlimit fees still (and interest on that overlimit fees) when i no longer have a limit.
Surely it now just a debt which needs to be repaid?
Thanks for your attention...