Huge problem with Abbey, Please Help

filibear

Just a quick question really, I used to have an account with Abbey, but after a few disputes over my account I switched banks to Yorkshire Bank in July 2008, however, I did have a £500 overdraft on the account which I had not paid back due to insurmountable financial problems. However I have tried to make steps to pay this back in instalments and each time I have been told that I will not be able to do this it has to be paid in full. I am now getting letters from a debt collection agency who are again, stating that I have to pay the amount back in full, and cannot make steps to pay this back in instalments. However, the amount I now supposedly owe has gone up to over £1000!!! from an overdraft on £500 with only one direct debit going out for £5.99 after 12/07/2008 and two cheques outstanding (sorry I forgot to cancel them, that is my fault) how my debt can now be over £1000. the last time I contacted the bank directly it was approximately £700, which I would be happy to take steps to pay back directly with the bank if possible as I have found the debt collection agency to not only be rude and unhelpful but one on occasion called me just as I was leaving for my grandmothers funeral, I stated that I was about to leave for a funeral and they hung up, when I turned my phone back on after the funeral I had 6 missed calls from them so they would have been trying to call me throughout my grandmothers funeral service which I find totally unacceptable.
Where do I stand on this issue as the letters from the collection agency are now getting quite serious and I cannot afford to pay back the full amount, but have tried on more than one occasion to pay back in instalments and have been refused.

Any help/advice you could give would be greatly appreciated.

Welshdebtor

By demanding full or higher payments than you can afford they are going against Office of Fair Trading Guidelines (Google - OFT Guidance on Debt Collection) read through them then write to them telling them not to phone you again, but to write. (This point is not covered by the mentioned guidelines, but is covered under harassment)Also mention any of the other guidelines they break.
I would guess, but may be wrong the DCA have added their costs onto that original £700, hence the increase. (sure there may be a case etc to go on there)
Should they continue to phone after telling them to stop, send them a formal complaint about harassment by telephone. I will seek the template and post it here

dancingfairy

Hi. Have you actually tried making payments to the old account? are you able to?
You also need to get a balance on your account and how they arrived at the figures as well - I'm not sure whether you would deal with debt collectors or the bank itself though - sorry.
There is however a letter on here floating around that tells the debt collectors not to phone you and if they do them you can report them and they can be fined. I'm not sure whether they broke any rules by phoning you at your grandmothers funeral although it certainly should be against the rules.
Wish I could help a bit more - sorry.
df

Welshdebtor

can not post it as a new member

Sure someone else will though if needed.

filibear

Thanks for your replies, I tried to make payments "into the account" but Abbey had since closed it and when I try to contact Abbey now, I just get told I need to contact the debt collection agency. I have als requested a breakdown of the debt but have received nothing (although I get letters from them approx every two to three days now)

Welshdebtor

Company Name
Road
Town
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Postcode



FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.


Account Number: XXXXXXX

Dear Sirs,

This letter is not an admission of liability of any alleged debt to your company or client!

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS consider it 'unfair'for you to continue with phone calls when requested not to do so.

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.



Yours faithfully,

Ms A.N. Other

dancingfairy

I think I would write the debt colletors a letter and ask for the breakdown of charges and costs. I would also ask them for details of their bank account in order that you can pay them each month. I would send the letter recorded delivery.
I have heard other people on here say not to give them your card details or bank details for a direct debit otherwise some sneaky companies have been known to help themselves - hence why I think you should ask for their bank details.
I would possibly also send them an SOA - ie a full budget and say as per my attached budget I will be paying you x amount a month as this is all I can afford.
Before doing this though you may want to check you have got your priorities right - I mean you said you had financial problems and if you had any arrears on a mortgage or council tax or electric than they would take precedence over paying off an unsecured debt - they who shout loudest are not necessarily those who should be paid first but it should go on priority.
df

dancingfairy

Generally the advice is not to sign letters to debt collection agencies as signatures have been known to magically appear on other documents - people advise just initialling or printing your name.
Also - do they Abbey or the debt collection agency have a CCJ against you?
df