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Query concerning a negative balance

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  • Query concerning a negative balance

    I have a credit card with a well known UK bank.
    I made a purchase on the card for an amount close to £30,000 and paid off most of the balance
    Shortly after paying off the balance the bank closed the account without informing me and i kept on paying off the balance (about5k)
    paying off the minimum each month)
    I found out the account was "closed" when i couldn't find the credit card , called the bank and they told me the account was closed.

    The account isn't actually closed , i can still see it when i log into my banking , i just can't do anything with it.

    I carried on paying off the card on the monthly minimum.

    The item i purchased wasn't fit for purpose and after a tedious court battle the company refunded me to the credit card..

    i now have a negative balance of £20k

    I called the bank on the 5th of Aug 22 , and after a lot of checking and being on hold they agreed to send the Balance to my current account.

    i was told it would take up to 4 Working Days.
    Today is 8 Working days and the funds are still not in my account and looking at online banking i still have a negative balance
    of £20k on my credit card

    I have tried to research this on google and keep reading how the negative balance is my money and the bank has to by law send it to me after 6 months , but this is USA Law
    not UK,

    Can someone point me in the right direction of where UK law stands with this , i have tried searching through the consumer credit act act but found nothing

    Thanks in Advance , any help will be greatly appreciated
    Tags: None

  • #2
    Have you demanded* that the bank pays you the amount in question? Plainly this is your money.

    *in writing
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Have you demanded* that the bank pays you the amount in question? Plainly this is your money.

      *in writing
      Yes i have and i was told it would be made within 4 working days , that was 9 working days ago.

      The argument would be much better if i could say "Under the consumer action section x blah blah"

      Comment


      • #4
        have you looked at the terms & conditions of your agreement with the card issuer?
        That should have details on how to obtain a refund of a negative balance, including the time it takes.
        This may be a contractual obligation which you would in extremis enforce through the courts, although it shouldn't come to that
        I do not believe (unlike America) that your situation is covered by any statute or regulation

        Comment


        • #5
          why do you want to quote a statute? It is your money, your property, and you are entitled to demand its return.

          If you have not already done so, make a written demand for return of your money, warning that if this is not done within 14 days you will sue.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            As i could have guessed nothing happened.
            i called them on Friday and explained it has been 15 working days , for te 4 working day action to complete and still , nothing has changed.
            She read out the agents notes , specifically the part where he had requested the paymentt be made and then put me on hold whilst she contacted the credit card department.
            When she came back i was told that i needed to go into a Branch and go through further checks and the funds will be released.

            I asked what the further checks were and she couldn't tell me.
            I asked why this could not be done now and she had no answer.

            I am done with this bank , it as been a non stop series of bad management and total incompetance.

            Does anyone have an example / template of a letter before action for DIstress / inconveniance that i can use to kick start court preceedings
            I've googled it but all the ones i can find are for a debt , there is a debt here , but i would like to go for distress and inconvience as well

            Comment

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