Help Bank thinks it can bully me based on High Court Judgement

devil26

I have got a claim with Nationwide on hold with MCOL. I have just received a letter and notice of default from them. I have just telephoned and explained that any debt was in dispute and I hadn t had my court hearing yet. They said it wasn t in dispute, because of the ruling, I pointed out that I was still disputing it and just because they said it wasn t in dispute it is not the case.

They are now handing it to an outside collector. Now correct me if I am wrong I don t believe it is legal to pass on a disputed debt.

My claim is for about £1700 and there is a balance of 668 DR on the account

I believe they are now using the court ruling to bully people and the High Court have now given them free rein to extort money from customers.

Is there any advice on this I can follow

Thank you in anticipation

dunstonh

They are now handing it to an outside collector. Now correct me if I am wrong I don t believe it is legal to pass on a disputed debt.

Its no longer disputed though so they can.

Unless you start another court case against them then you are not really disputing it.

devil26

Thanks for your input. However, I believe the banks' appeal was to gain clarity on a point of law. My individual case has not been heard and is therefore under dispute. Surely the ruling has not solved all disputes in the Banks' favour

This would mean that the Court system has taken everyones fees and then moved the goalposts, In this case would the courts have to return the fees plus interest ?

Premier_2

devil26 wrote: »

...
This would mean that the Court system has taken everyones fees and then moved the goalposts, In this case would the courts have to return the fees plus interest ?

The decision of the Supreme Court didn't move any goal posts, just showed you more clearly where they have always stood

Courts don't return fees, they make decisions and orders for others to follow.

Unless I have misunderstood you, you have not even taken the claim to any court, simply tried to negotiate a repayment directly with the bank.

See the latest guide on reclaiming here:
http://www.moneysavingexpert.com/reclaim/bank-charges#reclaim

natweststaffmember

devil26 wrote: »

I have got a claim with Nationwide on hold with MCOL. I have just received a letter and notice of default from them. I have just telephoned and explained that any debt was in dispute and I hadn t had my court hearing yet. They said it wasn t in dispute, because of the ruling, I pointed out that I was still disputing it and just because they said it wasn t in dispute it is not the case.

They are now handing it to an outside collector. Now correct me if I am wrong I don t believe it is legal to pass on a disputed debt.

My claim is for about £1700 and there is a balance of 668 DR on the account

I believe they are now using the court ruling to bully people and the High Court have now given them free rein to extort money from customers.

Is there any advice on this I can follow

Thank you in anticipation

Can you clarify if you have a claim in court stayed currently?

What does the stay order say?

Yes even though the Supreme Court ruled on the OFT test case your case is still in dispute until such time as the stay lapses and is stuck out, or that the bank strike out the claim. You need to give the debt collection agency the case reference number and remind them that the case is in dispute and has been passed to them in error.

devil26

Premier wrote: »

The decision of the Supreme Court didn't move any goal posts, just showed you more clearly where they have always stood

Courts don't return fees, they make decisions and orders for others to follow.

Unless I have misunderstood you, you have not even taken the claim to any court, simply tried to negotiate a repayment directly with the bank.

See the latest guide on reclaiming here:
http://www.moneysavingexpert.com/reclaim/bank-charges#reclaim

My case has been on hold Premier, apologies for not making that clear

devil26

natweststaffmember wrote: »

Can you clarify if you have a claim in court stayed currently?

What does the stay order say?

Yes even though the Supreme Court ruled on the OFT test case your case is still in dispute until such time as the stay lapses and is stuck out, or that the bank strike out the claim. You need to give the debt collection agency the case reference number and remind them that the case is in dispute and has been passed to them in error.

Unless the court has given directions in the meantime, the Defendant shall, upon notice to the claimant, apply for directions within 3 months of the ultimate determination of the Commercial Court litigation

Premier_2

devil26 wrote: »

My case has been on hold Premier, apologies for not making that clear

Whoops, missed that. You did say so in the very first sentence of your OP

You need to remind the bank that the matter is indeed in legal dispute and subject to a legal claim; give them the case number & court to help them remember.

Then respectfully remind them that they shouldn't be chasing you for payment or trying to lodge any default whilst the matter is in dispute.

See here for some sample letters:

http://www.consumerwiki.co.uk/index.php/Account_in_Dispute_Letters

dunstonh

Whoops, missed that. You did say so in the very first sentence of your OP

not the only one The sentence after sort of took away from it

natweststaffmember

Come on guys, I DO wear glasses and have recently been to specsavers.....can I suggest a visit

Premier_2

natweststaffmember wrote: »

Can you clarify if you have a claim in court stayed currently?....

natweststaffmember wrote: »

Come on guys, I DO wear glasses and have recently been to specsavers.....

I suggest may want to consider starting a reclaim of your specsavers charges!