Reclaim charges help

[never-in-doubt]

can someone clarify if you reclaim credit card charges, or loan charges, does the account have to actually be paid/settled before they refund or would any refund go toward the debt of the account?

 

Hypothetical question:

 

I owe £7k on a credit card, have not paid in 3 years and have a default. Could I reclaim charges, even though the account still has a debt or would any charge claim deduct from the balance?

 

Cheers

[poker-playa]

subbing.....

[Bookworm]

If you still owe money to the OC, they'll have every right to pay the refund towards the existing balance if they still hold the debt. OTOH, if they flogged off the debt to a DCA, that's their problem not yours, but you must make sure from the start to make clear that the refund is to come to you.

[Stressed150]

Bookworm, do you mean to say, that if the charges were added by OC, debt was sold to a DCA, then rightfully the OC would still have to refund any charges even though the DCA now onws the debt outright?

[Bookworm]

Yep. After all, they're the ones who levied the unlawful charges in the first place. If the DCA has added further charges, then they're the ones to go after of course.

[never-in-doubt]

Bookworm, thanks for clearing this up...... it's related to this predicament, wonder if you can help, would it be better then to carry on and SAR them as directed - charges only amount to £160 but there are more, just later than 5yrs (in scotland).....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/209583-help-default.html

 

Thanks again - i'm just slightly confused what to do, i.e. i've SAR'd them and no CCA or default notice - just their screen note that they sent one, charges won't be that much but still they won't budge and legal action is a last resort..... any idea's?

[Bookworm]

Can't help with that honey, what I know about defaults you could write at the back of a Cap1 application form and still have room left over the complete CCA74, lol. ;-)

[never-in-doubt]

Can't help with that honey, what I know about defaults you could write at the back of a Cap1 application form and still have room left over the complete CCA74, lol. ;-)

 

LOL - that's a very good way of describing it! Thanks all the same...... Its one of those grey area's, yno!