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Overdrawn account sent to debt collectors

corn flake

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Just wondering if you could offer some advice.

Back sometime ago I bought 5 items from ebay all under £2 each. I paid via Paypal from my Abbey account. Only to find I didnt have the pennies in there I thought I had and abbey charged me £35 for each transaction takng me £175 overdrawn. I didnt have the money to pay these charges and as a result it snowballed making a total of £270 overdrawn. It was then referred to a debt collection agency and the account was closed. I have been paying the agency back at £5 a week and now have about £85 left outstanding.

I have filed an MCOL claim fro the £270 against the abbey which they have acknowledged.

My question is am I entitled to have the default removed that they made against me as if they hadnt of charged me I wouldnt have got into the mess. Also can I claim back the debt collection fees?

Thanks for reading

Tanya xxx

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I would have thought that claiming back the debt collection fee is a valid calim. It arose because Abbey took unfair and unlawful charges from your account. If it were me , I would have included it in my claim to Abbey on the MCOL. ie my claim would have been made up of 3 items - item 1 bank charges, item 2 debt collector's fee, item 3 interest on items 1 and 2.


I would be interested to hear anyone elses views on this.

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