Confused - claiming charges when i still owe them?

[jo5ephedward5]

2000 I had an account with a say Halifax and a 800 overdraft,

2002 It incurred charged that spiralled out of control – I stopped looking after £1500+

2003 Account closed

2004 It was passed to a debt collection agency and the total was around £2400

 

Now I have been having issues with the debt collection agency as after I started paying them I found this great website (you can read my story there if you search the post…same username):

http://www.grumbletext.co.uk/vt.php?t=1331&postdays=0&postorder=desc&subj=complaints+Capquest+Debt+Recovery+complaint&start=0

 

basicaly i have been paying the collection agency and then asked them to prove its their debt to collect - they cant do it!!! and halifax said its not there debt anymore so the collection agency have to provide the information that it was sold to them.

 

Now I understand how to approach Halifax for the charges back…the problem is as I see it I really owe them £800 for the initial overdraft etc as it was never paid off before it closed – how do I stand with claiming when I owe them…

 

do I claim and then pay what i owe out of the claim (as it will be more in charges than owe) or do I owe them nothing as its now owned by CapQuest (albeit they cant prove this!) or indeed can I just not claim as I do owe them the £800?

 

I’m confused – sorry if this is a bit jumbled!

[blueskies]

Still make your claim as whatever you get back will come off the amount you owe them. Go through the whole procedure in the same way. DPA - Prelim letter - LBA. You may find that they owe you more money than you owe them and you still get money back, if not you will still owe less.

 

Post your progress in the relevant thread in the BAG part of the forum.

 

Good luck

 

Steve

[eastie]

I get charged £18-20 a month for interest charges on my £2K overdraft.

Is this excessive?

[Rich44]

interest charges arent usually stupidly high do you know what % they are charging you?

[jo5ephedward5]

Still make your claim as whatever you get back will come off the amount you owe them. Go through the whole procedure in the same way. Data Protection Act - Prelim letter - LBA. You may find that they owe you more money than you owe them and you still get money back, if not you will still owe less.

 

Post your progress in the relevant thread in the BAG part of the forum.

 

Good luck

 

Steve

 

Thanks Steve - i will start proceedings this weekend and start a thread in the relevant section (unless someone wants to move this one for me?)

 

@ eastie

 

i'm not sure how this is relevant to my post but banks are allowed to charge interest for overdrats as after all your using there money - what they cant do its charge you for exceeding it, bouncing items and anything else (i think!)

 

having said that i have a £1900 overdraft and its only £6.55 a month (nationwide) are you exceeding your limits as interest is normally higher on unautherised stuff

[dw190]

basicaly i have been paying the collection agency and then asked them to prove its their debt to collect - they cant do it!!! and halifax said its not there debt anymore so the collection agency have to provide the information that it was sold to them.

You could be on a winner here.

If the DCA cannot prove its their debt and the Halifax say its not their debt, you can still claim the unlawful charges from the Halifax then request a refund of monies you have paid from the DCA.

[jo5ephedward5]

You could be on a winner here.

If the DCA cannot prove its their debt and the Halifax say its not their debt, you can still claim the unlawful charges from the Halifax then request a refund of monies you have paid from the DCA.

 

 

mmm...i thought that to begin with, now i'm not so sure as i have had a letter off the DCA today - i'll start a new thread RE CapQuest and their appauling treatment of this account and get peoples comments ... i hope this can be resolved!