Reliable Collections

[chubb30]

Hi,

 

I am wondering if anyone can answer a questions for me. Reliable Collections were pursuing me for a debt for Viva La Diva - a catalogue, following the CCA being sent they have admitted that they have no agreement, will write off the debt but mark my credit file.

 

My questions is over the past few years there have been a few £12 charges added to the account for late payment etc - can I claim these back as there is no enforceable agreement?

 

Thanks for any help in advance!

[hillards]

- can I claim these back as there is no enforceable agreement?

You certainly can!

 

The two matters may be linked but are independent of each other. A claim for refund of charges can be made despite the lack of an agreement by which they could enforce a debt.

 

However, I often ask people to consider the moral side of doing this. CAG is here to help people sort out issues with debt etc. and I would not condone using the information available to go totally overboard.

 

There are, as always, exceptions - particularly where a debt is only there because it is made up from charges and/or interest. Having said that, can you negate this twice? Once by proving they cannot enforce the debt, so it is therefore not payable, and then by reclaiming those charges, meaning they've paid you for nothing?

 

Sorry - my mind works like that a lot...

[twofoot]

Talk about eating the cake and still wanting it.

[PGH7447]

personally I would let sleeping dogs lie, the account no longer exists, start kicking up a fuss about unlawful charges and they may well say that you now recognise the debt, and where is the rest of our money

[alangee]

Perhaps you should have sent them a SAR and reclaimed unlawful charges before you asked for a CCA.

 

Alangee

[chubb30]

Thanks very uch everyone. To ne honest I think that my brain was on over load from success! I will let sleeping dogs lie and accept that having the debt writtn off is success enough. it will ease my famiies situation so far do's.

 

Many thanks though!