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Paying twice for same debt


sdenny007
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Hi, I hope you can help me.

 

I had a lot of debt. One of these was Barclaycard. They sent this to several DCAs and eventually Heatons LLP took over. I offered them a reduced sum per month and they accepted. None of the other creditors did.

 

I then got Payplan involved who set up an agreement with all the creditors to an amount I can afford.

 

This included Barclaycard.

 

However Heatons claim they own the debt and insist I keep paying them £25 per month or else. They are even threatening bankrupcy. From other threads this appears to be the new in thing by DCAs.

 

How can I find out who legally owns this debt. Barclaycard or Heatons?

 

If its Barclaycard can I get my payments to Heatons back or are they gone forever?

 

Any help appreciated.

 

PayPlan although being very helpful setting up the plan do not want to know any more. There line is that this was not included in the original plan. However they are very helpful in managing the plan and changing monthly contributions when I am short.

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With payplan, did you advise them that you owed Barclaycard, or Heatons money? Do you know who exactly they have contacted?

I would also send the CCA request as tiglet suggested.

Hope that you can work this one out!

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When the plan was set up I advised them that I was paying Heatons. The plan has been going for 6 months now.

They have gone and negioted direct with Barclaycard.

My statement with payplan shows I am paying Barclaycard and Payplan confirm this when I call them.

 

I will CCA Heatons on Monday.

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It may be wise to send a copy of something from payplan to Heatons, proving that you are paying barclaycard via payplan, and also to advise them in writing that you are paying barclaycard as the original creditor. This probably wont stop Heatons in the short term from chasing the debt.

hopefully someone with a little more knowledge will see this thread and maybe provide you with a letter or further advice.

What you would really want is that Heatons pay the money you are paying and have paid them to credit onto your barclaycard account, and maybe you might have to contact the Financial Ombudman Service about this one.

Red

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Have you phoned Barclays to see what they say?

 

You could always write to Heatons and ask them to provide a deed of assignment to confirm they actually own the debt rather than collecting on it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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If Barclaycard have sold the debt to Heatons you need to know what Barclaycard are doing with the money you are paying them via Payplan! I think I would send Heatons a CCA letter as Tiglet suggested stating the account is in dispute until you resolve the issue of where the payments are being credited, then send the SAR letter to Barclaycard to find out what they've got on your account. They shouldn't chase you if the account is in dispute.

 

Kind Regards, Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Also immediatly stop paying heatons for the debt. When you rite to them telling them u are disputing the debt make it clear to them u are not giing to pay them until u have all the info u need from barclay card regarding this debt.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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