Bank taking me to court !!!!!

whiteshoes80

Hi all, I like many others have been waiting patiently for Lloyds TSB to stop squirmming and pay us back the bank charges that they owe us... but they are now trying through a debt recovery company to take me to county court. when i was working (self employed) and the contract i was on finished i didnt cancel some d/d's that I had and ended up having charges on top of charges totaling £439. I was assured if I paid £5 off this ( about 18 month ago) that because bank charges were going through court to see if they were unfair or not then any further action would be put on hold. Now I have had a phone call off this debt recovery agency, so I told them to go back to the bank as this £434 was bank charges and so deemed by the high court to be unlawful. I have now recieved a letter threatening me with county court action unless i pay up. Is this a good thing as if they take me to court i will then be able to turn this around and claim my bank charges back as it is the bank who have taken me to court over bank charges.....!

grey_nomad_27

Hi
Try taking your query to a website similar to this, I am told that as I am a new user as well I cannot provide the link for you!!! however it is legalb ..... (a name of a hunting dog beginning with b) .info - forums are similar to here, some advisors are the same and they have a section devoted to debt collection agencies.
Good luck

jamesd

See the Office of Fair Trading Final Guidance on Unfair Business Practices.

"2.4 Examples of unfair practices are as follows:
b. falsely implying or stating that action can or will be taken when it legally cannot...
2.6 Examples of unfair practices are as follows:
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment...
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed...
k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

There's a dispute. It's going through the courts. Tell them to stop breaching the OFT fair debt collection rules while it's in dispute.

natweststaffmember

whiteshoes80 wrote: »

Hi all, I like many others have been waiting patiently for Lloyds TSB to stop squirmming and pay us back the bank charges that they owe us... but they are now trying through a debt recovery company to take me to county court. when i was working (self employed) and the contract i was on finished i didnt cancel some d/d's that I had and ended up having charges on top of charges totaling £439. I was assured if I paid £5 off this ( about 18 month ago) that because bank charges were going through court to see if they were unfair or not then any further action would be put on hold. Now I have had a phone call off this debt recovery agency, so I told them to go back to the bank as this £434 was bank charges and so deemed by the high court to be unlawful. I have now recieved a letter threatening me with county court action unless i pay up. Is this a good thing as if they take me to court i will then be able to turn this around and claim my bank charges back as it is the bank who have taken me to court over bank charges.....!

Yes you can counterclaim on bank charges. Make sure you check how much the bank charges are against what you owe the bank(if at all).