Repayment of Credit Card Fees...

[sortingitout]

Hello,

 

I have been chasing Barclaycard about the £900 charges on the account. A few months ago they paid £400 into the account, i was not happy and said i will take them to court over the rest etc I had a letter the other day saying they have now paid the full amount i claim into the account.

 

My question...

 

In June last year i sent off a CCA, they have never replied to it or sent anything out, so i stopped paying and subsequently i have never heard off them again. As they have failed to send a signed agreement, should my charges have been paid into the account or paid to me (in the last letter i sent i requested to be paid via cheque)

 

Any help or advise on a replt letter most appreciated

 

SIO:)

[rory32]

The lack of a credit agreement simply means that the account is unenforceable - it does not mean that no debt exists. The bank have the right to offset the refund of charges against the account.

[sortingitout]

Ah ok, thanks for the super quick reply Rory.

 

Edit:

 

Another question then.

 

They have placed a default on my credit file, but this was done after I sent a CCA request, which they failed to do and so i was within my right not to make payment, are the within there right to do this?

[rory32]

They will argue that they were in all probability. You may have to raise a court claim to get the default removed. Any complaint/court action you take should include the CRA as they are under an obligation to ensure that the information is accurate. They are also far more likely to crumble with the threat of court action than the creditor.