1st credit have bought old bank debt - Can I still try to claim charges?

[arglebargle]

I had a couple of bank accounts dating back to around 2011 go deep into over draft and then I left the country and abandoned them. Not big, not clever, but it is what it is.

 

These particular accounts I had attempted to claim the bank charges back on

during the test case a number of years back and been refused when the test case failed.

 

 

Now that I'm being chased for these debts I want to try claiming back the charges again,

which I am fairly sure totalled around the amount, or even more than the debts (which are £2100 and £730 respectively).

 

 

These charges, however, go back anywhere from 5 up to 12 years distant, and I'm not sure I can claim these back any more,

or if the bank will still have the information regarding them on file.

 

In addition to this 1st Credit have indicated that they are now the holder of all information pertaining to these accounts

and I imagine I would need to ask for any statements through them.

 

 

Any help on how I should proceed would be lovely.

 

 

I have not yet acknowledged the debt with 1st direct, fairly sure its not statute barred yet.

[citizenB]

There have been one or two successful reclaims in respect of bank charges, but these are due to hardship claims.

 

If you think they are statute barred, then if a claim was issued against you, you would have a total defence.

 

If these are current accounts - when was the last time any activity was on the accounts and when did you receive the calling in notice on the overdrafts?

 

You would need to send your Subject Access request (for statements and other data) to the original bank.

[arglebargle]

Last activity on the accounts would have been 2011, hence not thinking they are yet Statute Barred.

 

 

As I left the country I did not receive any letters or notifications from the bank regarding the debts,

 

 

first I've heard of them is last month from 1st Direct.

 

 

The charges themselves date back from much earlier (think the accounts were opened around 2001).

[citizenB]

I am not absolutely certain about the following statement, however, I believe if a debt is made up purely from bank charges, then a claim cannot be issued against you for those. Whether or not you would be able to reclaim them (or at the very least have them offset against the debt) I am not sure.

 

Hopefully, someone with more knowledge of this will look in and advise further.

[arglebargle]

I should have been more clear with that

: The debt is CATEGORICALLY not just charges.

Its just that the amount of charges I tried to claim back from these accounts that I had over the course of x years

I've had these accounts (I think it was 8 years or something) totalled up to more than the amounts I am now being chased for.

 

 

Sorry if I wasn't clear before, and thanks for the help so far.

 

 

Going to put a FOIA request soon to see what information thay have on me (while making it clear I currently do not accept any liability, just to give myself more breathing room).

[arglebargle]

1st credit have made me an offer for partially settlement, the offer reads as following :

 

Should you call us in the next x days, we are prepared to discuss the below :

 

1. Repay just x a month

2. Over an extended period of x months

3. We will write-off the remaining amount.

 

The offer does not mention that the written off amount will not be pursued in the future, nor that the account will be closed at this point. It does say that my credit account will be update to "partially settled" which is what I would expect from a full and final like this.

 

How important is it that I get them to say they will close my account at this point?

[Stigman]

Any full and final offer must be in writing stating that the balance will be written off and never passed on to any Company within the 1st Credit Group or any other third party for collection.

 

Nothing to stop you asking for the default to be removed as part of it but it may be stretching it a bit, as long as the default date is correct then it is a true reflection of your credit history.

 

Worth having a read here on reclaiming bank charges via the hardship route http://www.moneysavingexpert.com/reclaim/bank-charges

 

Stigman

[dx100uk]

if you are not even in the country why even bother with them or the charges?

 

 

there is nowt they can do to you.

 

 

dx

[Old Cogger]

out of the country - then shut the door on them = simples.

[Stigman]

The way I was reading was that the op must have been back in the UK to receive letters from first crud unless these come through as part of a redirection or friend/relative redirection.

 

If your out of the County, just ignore, enjoy your life and be thankful your not being financially raped by an uncaring Government.

 

Stigman

[arglebargle]

Yeh I'm back in the UK, hence not being able to ignore this any more. The specific wording on the offer they sent me is as above :

 

3. We will write-off the remaining amount.

 

Is this enough to know that they won't come after me in the future or should I ask for them to be super specific that "write-off" means "closed account and not passed to anyone else"?

[daverules]

Hello

I would do as Stigman posted above:

 

"Any Full and final offer must be in writing stating that the balance will be written off and never passed on to any Company within the 1st credit Group or any other third party for collection."

 

1st Credit may say it will be written off by them but most likely sell the remaining balance on, it's all in the wording.

 

Regards

[dx100uk]

we need more details before we will ever recommend paying a fleecing DCA.

 

 

have you sent the OC an sar to get every statement.

 

 

we don't even know if its enforceable yet

[arglebargle]

I haven't gotten statements from anyone yet, who would I apply to for these? I know normally it would be the original debt holder by both these new accounts from 1st Credit came with a "Notice of Assignment" from the BoS stating :

 

 

"Under the terms of this assignment, and as defined in the Data Protection Act 1998, 1st Credit (Finance) Limited is now the Data Controller of your Personal Data contained in the records of this account" and "1st Credit Limited has been appointed by 1st Credit (Finance) Limited to manager your account and it is essential that all future payments and correspondence regarding this account be director to 1st Credit Limited at : Address".

 

 

So who do I talk to?

[dx100uk]

You don't talk (on the phone) to anyone regarding any debts least of all a no powers dca...they are not baillifs..

 

Sar always goes to the OC ..his.

 

Dx

[BazzaS]

Going to put a FOIA request soon to

 

make that a SAR.

 

They can reject a FOIA request, but not a SAR.