Harrassment from Abbey.

mappal

MY daughters Bank Claim charges case, was stayed in Leeds Mercantile Court prior to the Supreme Court outcome.AND STILL IS,according to the Court,however she is now in receipt of threatening letters, Default notices, going to pass details to Debt Collection Agenciies etc etc.
Surely if the case is stayed,and the OFT's debt collection instruction states quite clearly that NO action can be taken to recover debts that are 'in dispute', which, via the Court Stay these still are,what,if any, legal action can she take, against Abbey at this time.
All help gratefully accepted, as she is very worried.

devil26

http://forums.moneysavingexpert.com/showthread.html?t=2249683

Nationwide doing it to me aswell, we need a joint fight to beat these bullies now they think they have a High Court mandate to do whatever they want to

Premier_2

I would suggest she contacts her bank and respectfully reminds them that the matter is currently in dispute, and so they should refrain from sending such inappropriate correspondence until such times as the matter is no longer in dispute.

A sample letter can be found here:
http://www.consumerwiki.co.uk/index.php/Account_in_Dispute_Letters

mappal

Premier,thanks for that,however I have already advocated that to her, and she has done so,and spoken to them with no effect...so I think a far more pro-active approach needs to be made,and anyone with details of how to sue for 'harrasment',or some other positive action,then please feel free to suggest what we could do??
For example, as the case is stayed, and Abbey are,in fact, treating the Court with disdain,by ignoring the stay,could an action by ourselves in asking for the stay to be removed,result in a positive outcome in some way, regarding the charges ??

Premier_2

I would be inclined to raise the complaint using the bank's official complaint procedure.

I wouldn't be inclined to apply to have the stay removed yet if I were you, as it's likely the bank will then just apply to have the claim struck out (which will probably happen if the claim was made on the basis of previous advice available from MSE, according to MSE Martin)
At present, there is no new advice (other than a brief indication) as to how to revise your court claim, so best to hang fire for a couple of weeks until its published before attempting to stoke up any fires in court.