DCA - what should I do next?

[DebtAdvicePlease]

I had a bank overdraft for £1,500, was made unemployed and entered in to DMP which I paid regularly and on time. Finances then became so bad that I only offered £1 token amount.

 

Bank passed debt to Fredrickson so I sent Postal Orders to Fredrickson but made payable to the bank and AC Payee crossed.

 

Last week, received a letter from Bryan Carter solicitors advising me of Court Action. Wrote stern letter back to Bryan Carter and also checked my Credit Rating @ Experian who state the debt is still with bank.

 

Does this mean the debt has not been sold on?

 

Can Bryan Carter take action against me for a debt and account that still appears to be with bank?

 

Today, have received a letter from Fredrickson (presume in response to my letter to Bryan Carter) which states “ we are no longer instructed in connection with this matter and have returned the account to our client ”.

 

Within a week, tactics have gone from Court threat to no longer acting for client – is there some technicality behind this before DCA ‘lumber’ me with Court Action?..............

 

Should I contact bank direct?

 

Thank You

[unclebulgaria67]

Yes if the bank are still the current owner of the debt, then you should contact them. If much of the overdraft is made up of charges, perhaps make a complaint about this and advise them that you are considering involving the FOS. You can go to the FOS, if the bank does not resolve any complaint to your satisfaction within 8 weeks or they issue a final response earlier you are not happy with. If you went to the FOS, it would cost the bank a fee of £750 I believe, so they might wish to consider their position to see how they can help you.

 

Nb. If you had been making payments and Fred/BC did not own the debt, they would have had difficulty taking any court action. The debt has obviously gone back to the bank for them to decide what to do.

[Bazooka Boo]

Overdrafts don't go to court, I have never heard of it to date, so your safe.

Robcag has corrected me on this, and he has successfully defended a case when his OD was taken to court, foolish bank!

 

Bryan Carter is a leech and very easily got rid of by doing what you have done and standing up to the little oik.

 

The overdraft will be full of fees and charges, these can be reclaimed.

Edited October 22, 2012 by Bazooka Boo
I gave bad debt advice, I am now suitably punished!

[Bandit127]

??? I thought you couldn't reclaim overdraft fees and charges any more (post 2009). Or is it only because OP looks like he could use the hardship case?

[robcag]

Overdrafts don't go to court, I have never heard of it to date, so your safe.

 

 

Sorry, but I disagree with that statement BB

 

I've had a court claim issued against me by NastyWest via Irwin Mitchell solicitors regarding an overdraft, and I'm also aware of other CAGgers who it has happened to.

 

Here's my thread about the overdraft case; http://www.consumeractiongroup.co.uk/forum/showthread.php?241052-Irwin-Mitchell-NastyWest-overdraft-claim-***-Won-With-Costs***

 

As you will see, although they issued the claim they didn't succeed in winning it!

 

Rob

[Bazooka Boo]

Well I stand corrected Rob, and very well done with your case, that just proves if you defend you can very often win!

 

Bandit, you can reclaim any bank fees and charges including interest at their rate either using BCOBS or the hardship route yes.

 

I will now edit my post above, thanks for the heads up Rob.

Edited October 22, 2012 by Bazooka Boo

[DebtAdvicePlease]

Hello

 

Following my last post, Bryan Carter did nothing and Fredrickson wrote and told me the account had been returned to Bank. Bank acknowledge this in writing but tell me that they are directing the current account to another (as yet un-named collection agent).

 

Does anyone think I can get the bank to write off / accept a lower repayment as full and final settlement on a technicality - see blue text.

 

I had 2 debts with same bank, one for credit card, and one for overdraft. The debts were managed by different collection agents following my DMP.

 

On different occasions, both collection agents wrote offering me reduced re-payment but as full and final settlement. Upon my writing to Bank, about their interpretation and commitment to full and final settlement (i.e. I would be pursued no longer), Bank’s exact written words were:

 

Once a settlement is made, our agent will accept this in order to close their file and return the remaining balance to Bank. Once returned your account will be closed, the remaining balance written off and your credit file amended to show that a partial settlement has been made.

 

Afterwards, I was able to make a one-off reduced payment direct to Bank re: Credit Card and my commitment to them is now ended and my credit file amended.

 

I continued paying Bank c/o Fredrickson re: my current account. Fredrickson wrote and told me the account had been returned to Bank. Bank acknowledge this in writing but tell me that they are directing the current account to another (as yet un-named collection agent). Now, whilst I acknowledge that I did not settle the current account by way off a reduced one-off payment, I have made a partial settlement by way of DMP and reduced payments. Should Bank honour their wording re: your account will be closed and written off as indicated in blue text because Fredrickson have returned the account to Bank? Instead Bank are directing debt to different agent. Opinions please.

[Bazooka Boo]

How much of these debts are charges and fees?

 

The reason why they are trying to con you into paying a reduced F&F settlement is because these accounts are full of reclaimable fees and charges, have you looked at what the amount of fees and charges are?

 

Any debt that they offer a reduced settlement on will not go to court.

 

NEVER ever pay a DCA, always pay the original creditor direct, and even if your paying £1 a month, they will be very very foolish to put this in front of a judge.

 

Please check your credit file and see what is on there.

 

Unfortunately you were conned into paying a F&F payment on your credit card, use that as a learning curve, do not fall for it again.

[DebtAdvicePlease]

I paid £200 direct to the bank as final settlement against my credit card debt of £2,500. Beforehand, the bank provided written confirmation that the debt would not be pursued after the £200 was paid and they have honoured that. My credit file on this account shows settled. I don’t feel conned about this.

 

Regarding my overdraft, the banks words (not DCA) are " Once a settlement is made, our agent will accept this in order to close their file and return the remaining balance to Bank. Once returned your account will be closed, the remaining balance written off and your credit file amended to show that a partial settlement has been made."

It is the banks words in blue that makes me think that there is scope for getting the overdraft (remaining balance) written off because Fredricksons have returned the overdraft file to bank and in my opinion the bank’s written words state the account will be written off at this stage, not sent to another DCA.I think bank is in breach of their previous written words by now saying they are sending account to another DCA and this is where I need advice.

Credit file check show the defaulted overdraft is still with bank (not DCA).

[Bazooka Boo]

Right I'm kind of with you?

 

Which bank is it?

 

So you have made a settlement on the OD??

 

How much of this overdraft is reclaimable fees and charges?