Can upheld claim be set off ??

[starchild]

Hi all,

I have just joined having been reading the forums for the past few days looking for an answer to my question without any direct success. I claimed against barclaycard for an old egg credit card I got a letter on Wednesday stating the claim had been upheld and apologies etc. Part of the payment covers an extra period of 45 days to give them time to make the payment .

my question is since 2010 I have been on a DMP which includes the debit of the egg card , I no longer get egg card statements although I do get them for other cards that are on the dmp (telco being one) can the amount they are offering be off set against the amount I owe them or will they have to pay me the full amount offered.


Regards

Mark

[Guest]

Re: Can upheld claim be set off ??

Hi
yes they will offset the redress against any outstanding balance unfortunately. there is a brief mention within the FCA guide.

DISP APP 3.9.1 Where the complainant’s loan or credit card is in arrears the firm may, if it has the contractual right to do so, make a payment to reduce the associated loan or credit card balance, if the complainant accepts the firm’s offer of redress. The firm should act fairly and reasonably in deciding whether to make such a payment.

There may be an issue if the debt has been assigned to a third party (DCA) however.

[FlamingParrot]

Re: Can upheld claim be set off ??

There may be an issue if the debt has been assigned to a third party (DCA) however.

Indeed! :thumb: I've heard of cases where the redress has been paid to the debtor because the account has been assigned in absolute to a debt purchaser, I've even thought about that myself only I've never received NoAs for my cards defaulted Feb 2010.

Would be interesting to find out if the OP's Egg has been sold as it was defaulted so long ago, the problem with third party DMPs is that you often lose track of things. Most bad Eggs have been sold to Marlin, mine excepted. :noidea:

[Guest]

Re: Can upheld claim be set off ??

Yes, it was brought to light after the Jones judgement.

When a debt is assigned under the LOPA the duties under common law remain with the original creditor, although those under the act are transferred, therefore any contractual duty(for instance to return charges) remain between the original creditor and the debtor.

One or two creditors have sought to get around this however by using a term in the agreement to "buy back" the contract, the resell it after they debit the redress.

[FlamingParrot]

Re: Can upheld claim be set off ??

One or two creditors have sought to get around this however by using a term in the agreement to "buy back" the contract, the resell it after they debit the redress.

Yes, I've heard about this too. Otherwise I can't see how they would be entitled to any of the redress. :confused2:

[Guest]

Re: Can upheld claim be set off ??

Yes, I've heard about this too. Otherwise I can't see how they would be entitled to any of the redress. :confused2:

No me nether, and if the account had been sold some time ago there would be additional problems for them ,I should imagine.

[starchild]

Re: Can upheld claim be set off ??

Thanks for all your replies , I guess it's just a waiting game now I will let you know the outcome :tinysmile_hmm_t2:

[starchild]

Re: Can upheld claim be set off ??

Hi all,

Just a quick update I recieved a cheque for the full amount inthe post yesterday which is good news as I could really do with the money. Gonna start with the others now

[di30]

Re: Can upheld claim be set off ??

Great news, well done and Congrats! xx :tinysmile_twink_t2:

[Guest]

Re: Can upheld claim be set off ??

Hi all,

Just a quick update I recieved a cheque for the full amount inthe post yesterday which is good news as I could really do with the money. Gonna start with the others now

Brill
Feeling a bit left out now, I think I may give them a ring and gee them up. I have some charges which will be relevant after the resent press story so I suppose I will see if they have also included these when they eventually decide to contact me.