Help! I'm suing the bank to beat the debt collectors!

KittyKate

Hi all, well, in the ongoing fight against the bully tactics of the debt collectors I am now preparing to sue my bank for negligence (for not cancelling my card when requested, losing documentation relating to fraud on my account, never asking any security questions in branch, and for resending my cheque book and card to the very person stealing from me!)

But won't this cost a fortune, and what sort of 'specialist' lawyer deals with bank negligence? Criminal, malpractice etc?

God I remember 10 years ago when my parents divorced it cost £50 per letter back then and I need 3! *cry*!

rog2

I wish you every success.

KittyKate

rog2 wrote:

I wish you every success.

*Gulp!*

I was worried, but how can the bank argue with the printed notes from my account and numerous pieces of evidence I have?

I'm hoping it won't reach court and they'll clear my name.

file_wizzard

Have you raised a complaint with the financial ombudsman’s service?, they have the power to impose rulings upon members of the FSA, as well as advising on potental compensation.

The courts service will not take kindly to becoming involved in an emotional vendetta unless you have exhausted all other routes both within the banks internal complaints procedure and an external mediator.

Unless you have completed the first few steps you are basicly throwing money away on solicitors and courts fees for a case which will probably be struck out at the first stage for non compliance to the Civil Procedures Directives.

rog2

You might try CAB, or Financial Ombudsman, but you will need some proffessional advice, purely because the Bank will be able to call on the type of advice that can make it seem like they are the wronged party.

KittyKate

file_wizzard wrote:

Have you raised a complaint with the financial ombudsman’s service?, they have the power to impose rulings upon members of the FSA, as well as advising on potental compensation.

The courts service will not take kindly to becoming involved in an emotional vendetta unless you have exhausted all other routes both within the banks internal complaints procedure and an external mediator.

Unless you have completed the first few steps you are basicly throwing money away on solicitors and courts fees for a case which will probably be struck out at the first stage for non compliance to the Civil Procedures Directives.

I'm not suing for compensation. I'm suing to clear my name of the £5,000 debt stacked up against me which I did not create and which the bank sold on to debt collectors to threaten me to pay. I have co-operated with the police, the bank (who now refuses to speak to me unless in writing, which they lose, and they have been refusing 'sign for' letters) and the bullying, shouting people at the debt collectors who insist they're coming 'soon' to take my TV.

Due to the bank's repeated negligence and incompetence I am still being threatened nearly four years on. It has to stop.

The financial ombudsman couldn't help until the bank gave me their final communication, which they are refusing to do.

I doubt I'm throwing money away because I have covered everything neccesary so far. It may cost but my credit score is worth it and so is my dignity and innocence.

rog2

It sounds like you have a perfectly justified case. The banks should keep records, I believe for a minimum of 10 years. If the police have been involved, then they also may have records of discussion with the bank.
I would think that you could claim compensation for the stress it is causing you. If you win, you should be able to claim all of your costs.
Have you spoken with a solicitor? Most will give a 30 minute interview f.o.c.

file_wizzard

If you can demonstrate that the bank has failed to respond to a communication in excess of 8 weeks ago then you can refer your case to the FOS without a letter of final response from the bank.

With regards to “suing” to clear your name I think what you mean is that you intend to ask for an order to be made to determine the sums lawfully owed ( if any), with an additional order in respect of possible breaches of S.10 / .13 of the data protection act in relation to data currently being published which you feel is inaccurate

This is not something that requires you to “sue” the other party, and should realistically be dealt with through mediation / arbitration with the Financial ombudsman’s service and the Information Commissioners Office.

In both cases bodies are in place to deal with disputes, and the use of the courts service should only come as a very last resort once you are confident that you can demonstrate you have exhausted all other reasonable options

R.e the “shouting at debt collectors” why are you even talking to them?, write them informing them the that matter is currently in dispute and that if they continue to contact you whilst the matter is in dispute that you will refer the matter to the OFT for breach of debt collection guidelines.

You also mention that the police are involved for what I presume to be fraudulent actions of a 3rd party, where there any criminal convictions obtained in respect of this as it would have a bearing on any civil claim you may have against the bank.

Dr.Shoe_2

If the bank sent your card to the person stealing from you, did they cancel any transaction relating to it? Did that person pass it on to you?

chivers1977

file_wizzard is exactly right about the 8 wk final response/ deadlock letter. This should be something that they would do as a matter of course if you are at an impasse with them. The FOS will take on your case and charge them £360 if you can evidence the age of the complaint.

aquinn

Hello everyone. I am trying to help a friend with a debt problem. I have told her that she should try and get an ADMINISTRATION ORDER, (via the courts). I had one back in the late 80's. Back then you could only take one out if you owed LESS than £5,000 . My question is ...DOES an ADMINISTRATION ORDER still exist????? Any amount over £5,000 you have to go Bankrupt, but an Administration Order means you don't have to.