Soooo Frustrated!

adolphin1

Have I done something wrong? We got into financial difficulties the end of 2006 with Clydesdale bank, so we put all our wages into my bank account and closed the one with Clydesdale, leaving an overdraft amount of just over £1000. I wrote to the bank for all the statements with the £10, which we received, total amount of charges almost £2800 so we wrote to the bank to reclaim the charges, stating the amount we were reclaiming would more than cover the overdraft we had left behind.
We were given a judgement order, but after a phone call to the bank and their solicitors any other court proceedings against us were suspended, as I would ring up or forward letters stating I thought the account was on hold till the bank charges outcome came through.
We received a letter the end of last week from another solicitor saying they had bought the debt and are going to file for litigation! whatever that is.
What a carry on, I thought it was on hold, anybody else going through the like?

Orford

We received a letter the end of last week from another solicitor saying they had bought the debt and are going to file for litigation! whatever that is.

Write to them quoting the claim no., saying that the matter is already the subject of a court claim and request that the file be returned to Clydesdale and any litigation will be vigourously defended and their behaviour will be brought to the attention of the court

adolphin1

Thank you for your response, after going round in circles for three days, phoning the bank, the original solicitors, then the solicitor who have just taken over the debt, back to the AQU, and not getting anywhere, I gave up and phoned the Financial Ombundsman, they have logged my case, gave me a ref. number, then they advised me to ring the bank and the solicitor who had bought the debt, The solicitors didn't want to know, but the bank has put the debt on hold and reassured me they would tell the solicitors to put it on hold also, I should get a letter within 5 days explaining this, while they look into it. But should I now log the bank charges with the courts, like a counter claim?

Orford

But should I now log the bank charges with the courts, like a counter claim?

I'm confused, are you saying that you have not filed a claim. If not, what did you mean by:

We were given a judgement order,

or do you mean entering a counterclaim to the new solicitors threat of litigation. If so, then you could enter a counterclaim but not until the new solicitors actually file a claim

adolphin1

It's been ongoing from November 2006, we closed the account with an overdraft of £1069, and with the statements I had, we put in a claim with the bank for unfair charges estimated to be £1499.50. We got a standard letter from the bank to say they would investigate and be in touch.
Then we get a letter from their solicitors to recover the amount on the account, in which I replied stating we were in the process of a dispute on unfair bank charges.
Then followed 3 letters from another solicitor on behalf of the bank, increasing the amount with each letter, which I must have phoned (but have no proof) to say we were still in dispute with the bank.
Apparently a judgement order was served on my husband on 24th May 2007. Then followed an interim charging order for £1366.74, then an issue of warrant of execution for £1368.99 in June 2007. All these were stopped after I had rang the bank explaining that I thought the account was on hold.
9th July 2007, we received a letter from the bank stating they would be unable to refund the charges on the account.
Then a notice of visit from the baliff followed 10th July 2007.
11th July, I wrote to the AQU at Clydesdale to confirm to them I had phoned and spoke to one of their colleagues who confirmed to me the warrant would be stopped until the claim had been investigated.
3rd August 2007, a letter from the bank to say the complaint had been received and stored pending legal proceedings with OFT.
29th August 2007, we receive an Interim charging order that will be heard on 9th October, I phone the banks solicitors and it is stopped.
20th November 2007, A letter from banks solicitors to put a charging order on our home. I phone the bank and the banks solicitors and this was also stopped. I requested a copy of the letter sent to the courts from the banks solicitors to stop the hearing, which I have. I also sent a letter to the land registry and the courts for them to send confirmation that this wouldn't go ahead.
7th February 2008, We receive a general form of judement or order stating that in the county court with neither party attended and it is ordered that 1) the application is dismissed 2) the interim charging order is discharged.
27th May 2008, A letter from the same banks solicitors wanting speak to us about the account, I phone, they say it was sent out in error and to ignore it, I did have this conversation recorded because I had asked her to repeat it while I was recording, but I have since changed my phone.
9th June 2008, letter from the bank updating progress of OFT v Clydesdale, thanking me for my patience.
10th June 2008, letter from the banks solicitors again, I phone, they tell me to confirm with the banks charges section that our claim is logged, which I do, and it is.
14 October 2008, Letter from the courts for failure to provide statement of means. phone and speak to banks solicitors and also two differant court colleagues who confirm that it is dropped.
22nd October 2008, I write to the bank as I have got all the bank statements and the total sum we wish to reclaim is £2785.
6th November, standard letter from the bank explaining they acknowledge receipt of my complaint.
27th January 2009, A letter from differant solicitors, it says they have sent a previous letter, but I don't recall one, we have 21 days, or solicitors may serve a petition for bankruptcy. We had to contact their litigation department to discuss payment. I did, after talking to my husband and getting sick of the back and forward palavor, we decided we would offer £20 month, but there was no talking to this bloke it was all or nothing, so deal with it!
So after loads of calls the last 3 days with solicitors not wanting to speak to the bank, and/or solicitors, I resigned myself to the financial omsbudman. Outcome as above, but it's not over yet, is it?

Orford

27th January 2009, A letter from differant solicitors, it says they have sent a previous letter, but I don't recall one, we have 21 days, or solicitors may serve a petition for bankruptcy.

Have they sent you a Statutory Demand, this looks like a court document, but is actually issued by the solicitors?

adolphin1

Yes, oh, I thought it was a court document, it came with the letter.
By the way, thank you for your quick responses, much appreciated.
The bank as been in touch by phone regarding my complaint to the Ombudsman, and she has told me,the said solicitors have been told to put it on hold.

heathal

I have spent a couple of years trying to reclaim nearly £3000 from the Clydesdale Bank in charges. However, they have now told me as it is a business account we are not entitled to a penny. Is this right? If so, why would it take them so long to tell me this?

Orford

The bank as been in touch by phone regarding my complaint to the Ombudsman, and she has told me,the said solicitors have been told to put it on hold.

Do not take the bank's word for it. You must apply to your local county court to have the SD set aside within 18 days.

The two forms required to set this aside are:
http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf
http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

Form 6.5 is where you have to write in why it should be set aside along the lines of the draft response below:

I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT Debt Collection Guidelines.

Further, I believe that the amount of £xxxx.xx referred to in the statutory demand would no doubt include a substantial sum of unlawful penalty charges.(Claimants name on the SD ) have not provided further information regarding the the account,

(You could include copies of letters to and from the bank to prove the debt iis in dispute)


In summary
a) (Claimants name on the SD) have not provided a notice or document of assignment(no proof they indeed own the debt)
(b) (Claimants name on the SD) have not proved that the amount of the debt is stated;
(c) It is likely that unlawful charges would be placed on the alleged debt, which would comprise a substantial amount of the alleged debt, and so the statutory demand would be for a disputed debt.
(d) (Claimants name on the SD) have not provided any copies of any default notices which potentially could lead to a counterclaim. - Settled law regarding failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but allow the Defendant to submit a counterclaim for damages (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)

The respondent has chosen to serve a statutory demand by ‘regular’ post in full knowledge of the fact that the debt is disputed. In view of this, and of the matters pleaded above, the applicant avers that the service of the statutory demand is demonstrably frivolous, intimidatory and an abuse of process.

I will also quote from the OFT's guidlines on debt collection which clearly state -

Deceptive and Unfair Methods:
2.8 (k) . not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

Accordingly, the applicant respectfully requests that the statutory demand be struck out or set-aside. Further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

I make this statement with the sworn belief that all facts stated are true.