credit card claim struck out.

[peregrine2]

Hi, if a terminated credit card claim has been struck out by the court, appealed and lost (ie still struck out) - is the balance therefore zero?

Can a 2nd claim for the same card (terminated>6yrs ago) be presented against me for a different amount.

[AndyOrch]

No striking out a claim does not render the amount to nil...the debt remains. Second claims...possible.....if its assigned to a new DCA and the amount of claim differs along with the particulars.

[peregrine2]

ok, bit more info i should have stated.

 

The claim was started within the 6 years stat limitation.

the hearing was after 6 years had expired and so was the strike out.

 

It is now 8 years past default notice, and i have not heard anything since strike out for 1.5 years.

surely another claim for the same terminated account is time barred, even if they change the amount to a lesser amount.

 

the issue is the oc bank has written to me stating i am due a refund of wrongly taken charges and interest FROM 2011 and have applied the refund to the os balance, which is with the purchaser company who was struck out.

 

The oc say they have informed the purchaser of the revised balance, which means the claim against me by the purchaser was for the wrong balance.

 

surely this does not mean they could use this balance for a new claim 8 years later?

 

this smells like a trick.

[dx100uk]

the payment is not by you so does not reset the time bar.

 

dx

 

[peregrine2]

should the oc have paid the refund to me? by the sounds of it, the balance continues, only just unenforceable. i would have thought the bal would have been written off?

[dx100uk]

un-en doesn't mean its written off but SB'd passing does..

and no why should you get the money??

 

they are notional charges that weren't paid by you anyway in the 1st place as there is was outstanding balance greater than the refund.