Barclaycard paying DCA and not me - Help please

[lushni]

Hi Guy’s

I’ve had a full and final settlement from Barclaycard (£1200) which is great but they sold this my account (£460) to Lewis debt collection I think that’s their name. What Barclays are now saying is that they will pay Lewis £460 then pass the rest onto myself, can they do this? Should it not be paid to myself then I can pay Lewis, after all when I tried telling Lewis (by the way they are taking me to court in July) that this account was in dispute all they said was not their problem as this debt was now with them and not Barclaycard and I should stop wasting their time and pay them ASAP. Can I insist that Barclaycard pay all monies due direct to me and not Lewis?

Many Thanks

Lushni.

[lushni]

Can anyone please move or explain how this thread can be move over to the Barclays site.

Many Thanks in Advance

Lushni

[yourbank]

Yes they can, surely once you received the refund from barclaycard you would use it to pay off the amount you owe Lewis and stop them taking you to court, as you have just said ? Saves you a stamp.

Did barclaycard actually SELL the account to lewis or are they using them as collection agents. I believe Lewis group are part of CL finance.

[lushni]

Hi Yourbank,

thanks for getting back to me, Barclaycard have sold this debt to Lewis. May main consern is that Lewis will also take cost off the outstanding money and I really don't want to be paying them any extra after all this debt should not have been sold to them in the first place as it was made up off charges.

Many Thanks

Hugh.

[slick132]

Hi Lushni - thread moved to BC forum as asked.

Theoretically, you could insist on a full refund to yourself without any set-off of the amount due to Lewis. If BC refuse this, you could start a claim against them and they would most likely settle with you in full.

However, as there is the debt due to Lewis, surely it's better to clear this and take the balance left owing to you, as said by YB above.

In what way do you think you'll lose out on anything by off-setting in this way.

[lushni]

Hi Slick132,

Lewis have asked the courts for £547 (£50 solicitor's fee and £30 court fee) but the outsanding debt was £467, if Barclay's pay the £467 this would be fine as it puts everything to bed but I would hate to be paying Lewis any extra than the original debt.

Once again Slick many thanks for you help, its people like yourself and others that keep us all going and our heads above water. Lushni.

[slick132]

Hi Lush,

If Lewis have already filed their claim against you in court, you may owe the court fee and their sol'rs costs.

However, please confirm:-

1. The date when you first wrote to BC reclaiming your penalty charges from them.

2. The date when Lewis or BC confirmed the debt had been sold.

3. The date when Lewis filed their claim against you.

[lushni]

Hi Slick

1, I first asked for my charges back on 02/02/08.
2, Bacrclaycard sold the debt to Lewis on 14/08/08
3, Court claim was issued 01/09/08

Hope This Helps

Cheers Lushni

[slick132]

Hi Lush,

The dates suggest BC sold the debt after you had put the a/c In Dispute by reclaiming your charges. BC should not have sold the debt because:-

1. They have breached the OFT debt collection Guidelines sections 2.6(h); 2.8(i) and 2.8(k).

2. They have failed to act reasonably in resolving your claim for a refund.

3. They have caused you to be wrongly sued by Lewis, who have clearly acted both agressively and rudely.

I think you have grounds to approach BC, tell them to call off the Lewis dogs AND seek compensation for their wrongful treatment of your case.

At what stage is your claim for refund of Penalty Charges.

Have they agreed to refund all charges plus interest.

Did you claim 8% Statutory or Contractual interest.

[lushni]

Hi Slick,

Sorry for late response, Barclaycard have offered full amount as full and final settlement, this is for all charges just over £1000 plus interest of £240. I owed them about £300 and was paying by DD each month.
Then I started the process of asking for charges back, soon after this I stopped paying the DD, they then sold the debt to Lewis a few months later. At the time the debt was sold the charges had made the debt £450 they also reduced my credit limit to £300, so they were charging for late payment and over limit charges. The claim of £1200 does not include these last few months of charges but to be honest once they take their £467 it will leave enough to take the family on a nice week’s holiday. Not sure if it makes any difference but I have not been asked to sign anything.

Many Thanks Lushni

[slick132]

Hi Lush,

Did you show clearly to BC that they owed you more in reclaimed charges than you owed them.

If they sold the debt after this, then do as I suggest and contact BC with a view to having them call off Lewis and the Lewis court action. I would contact the Head of BC by email and back this up in writing.

......once they take their £467 it will leave enough.......

If you let this go unchecked, they will take £547 including the fees and costs.