I've made charges, PPI and default compensation claims with my ex - credit card providers.
All these complaints were made through the Ombudsman and after waiting 6 months for a decision, i have some offers.
But the banks want to pay the DCA my charges, PPI and interest refund as well as compensation in a few cases.
I have argued my point with the Ombudsman but they state that the money should go to the DCA as i haven't paid it to the bank. But i am saying i owe nothing to the bank now and the DCA is a third party to this. Also, that i want the money to be able to use it as a settlement amount with the DCA.
After nearly a year of fighting and argueing with the bank and FOS, i don't want all the refunds to go to the DCA as i would get nothing.
None of the DCA's have complied with a s.78 request and have been in default and offence for many months now. By paying them my refunds, the bank is prejudicing my position with the DCA.
The FOS have said the banks say, that if i don't accept the offer to pay the DCA, they will buy the debt back from the DCA, apply the refund and then sell it back on. Is this allowed as i thought the DCA is not allowed to sell it while in default of s.78 and for the bank to buy the debt knowing this ...
What would be my position if i took the matter to court as the FOS said they believe a court would state the same as them.
The FOS said even if the DCA had written off the amount or closed the account, they would still be entitled to the refund towards the concession, bringing this into the same grey area as my HFC refund. I think this is totally wrong. I asked what if the DCA owed me £1000 and wrote off a £1000 account so no money was exchanged? They said it's all in the wording of it and if they write off they can get back later. Bizarre.
Advice appreciated please as i don't know what to do and don't want to keep losing my refunds to either the bank or the DCA.
All these complaints were made through the Ombudsman and after waiting 6 months for a decision, i have some offers.
But the banks want to pay the DCA my charges, PPI and interest refund as well as compensation in a few cases.
I have argued my point with the Ombudsman but they state that the money should go to the DCA as i haven't paid it to the bank. But i am saying i owe nothing to the bank now and the DCA is a third party to this. Also, that i want the money to be able to use it as a settlement amount with the DCA.
After nearly a year of fighting and argueing with the bank and FOS, i don't want all the refunds to go to the DCA as i would get nothing.
None of the DCA's have complied with a s.78 request and have been in default and offence for many months now. By paying them my refunds, the bank is prejudicing my position with the DCA.
The FOS have said the banks say, that if i don't accept the offer to pay the DCA, they will buy the debt back from the DCA, apply the refund and then sell it back on. Is this allowed as i thought the DCA is not allowed to sell it while in default of s.78 and for the bank to buy the debt knowing this ...
What would be my position if i took the matter to court as the FOS said they believe a court would state the same as them.
The FOS said even if the DCA had written off the amount or closed the account, they would still be entitled to the refund towards the concession, bringing this into the same grey area as my HFC refund. I think this is totally wrong. I asked what if the DCA owed me £1000 and wrote off a £1000 account so no money was exchanged? They said it's all in the wording of it and if they write off they can get back later. Bizarre.
Advice appreciated please as i don't know what to do and don't want to keep losing my refunds to either the bank or the DCA.
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