want to cry .. bank taking me to court

MORPH3US

amosworks wrote:

and they cannot turn down any payment offer you make, no matter how small it is.

Are you sure this is correct?!?!

M

vicki98_2

thanks again for all the advice.

I've been toying with the idea of reclaiming bank charges from them for a while now so i think after this morning i will start to put this into place. I have no idea what the total amount of charges applied to the account in the last 6 years comes to - except to say that I would not have gone over my overdraft limit if they hadn't been applied (its gotta be about £600 - £700 I'm sure), will have to request the info off them to find out.

will i be able to reclaim these charges even though they are the ones threatening me with legal action?
the account has already resulted in i think 2 defaults recorded - so i am i also right in thinking that once i begin my dispute as to the amount i owe, that i can request the default to be removed from my credit file??

wooohoooohoooooohooooooo!!!
feeling better about this already - i'm ready for a war!!!!

Kevicho

vicki98 wrote:

will i be able to reclaim these charges even though they are the ones threatening me with legal action?
the account has already resulted in i think 2 defaults recorded - so i am i also right in thinking that once i begin my dispute as to the amount i owe, that i can request the default to be removed from my credit file??

wooohoooohoooooohooooooo!!!
feeling better about this already - i'm ready for a war!!!!

Just becuase they have defaulted or are thinking about court doesnt affect the fact they have broken contract law, if anything them taking me to court would give me al lthe motivation to do this, fight fire with fire so to speak

With regards the records, i wouldnt expect it to change anything although again you could include that in your claim description and have this as one of your demands (along with interest and court fees)

Good luck

***edit takE action you will be able to stall their action, as they cannot claim something via court while it is in dispute***

Kevicho

with regards the defaults would sign up for the bankactiongroup website as there are quite a few specialist who post on there with a more diverse experience than myself, and ask this question

Gem_

hi

Just wanted to say good luck with this, and with your course.

I had problems with a debt collection agency getting court letters / threatening phone calls etc for about 4 months. I was just praying they would take me to court and get it over with - as I didnt actually owe them any money it would have been a dam short case I am sure your guys are just trying it on in the same way, take it the court stuff with a pinch of salt as it seems to be a massive bluff for these b*ggers

Hugs

G

kar

PLEASE apply for the access to learning fund at your university. It will take you 30 mins to complete the form and you are already doing an SOA anyway.

Note that "postgraduates without and funding (i.e.YOU) get priority" for this. It is up to £3500 although you probably wont get it all you should get something.

See this thread: http://forums.moneysavingexpert.com/showthread.html?t=179491
and check out your uni website.

Please do it. It's only 30 mins of your time.

vicki98_2

i'll have a look at that now ... will i be entitled to this though as i finish the course in 5weeks?

amosworks

MORPH3US wrote:

Are you sure this is correct?!?!
M

Absolutely, they do want the money after all, they have a duty to avoid legal action, and if they did "refuse" to accept any offer, there would be no legal action as you'd offered to make repayments and a judge just wouldn't have it.

The best solution is to simply setup a payment arrangement and then to tell them of it, rather than ask them to agree to it.

vicki98_2

kar wrote:

PLEASE apply for the access to learning fund at your university. It will take you 30 mins to complete the form and you are already doing an SOA anyway.

Note that "postgraduates without and funding (i.e.YOU) get priority" for this. It is up to £3500 although you probably wont get it all you should get something.

thanks for the advice on this. don't think i'll get it though as the uni site says the following:

'You must be enrolled on an FE, undergraduate or postgraduate course of at least 60 credits per year (ie. 50% of an equivalent full-time course, or 25% if you are disabled);'
& i am doing less than 60 credits a year or 50% - only doing my dissertation at minute as research probs meant i needed extension

& somewhere on the site it says that i must have previously applied for a career development loan - which i didn't as i was working when i started the course.

I'll still ring the uni tomorrow to check on this & hope they say yes. this would really help if i got it