We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

issued a County Court claim

puglover99
puglover99 Posts: 13 Forumite
edited 12 April 2015 at 7:42PM in Budgeting & bank accounts
......hhhhh
«13456

Comments

  • puglover99
    puglover99 Posts: 13 Forumite
    edited 12 April 2015 at 7:43PM
    ............
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    puglover99 wrote: »
    Claim is.

    Breach of data protection admitted

    And

    Breach of bcobs denied
    While a breach of BCOBS would concern a regulator, I'd be keen to understand where it fits in with the court system.
  • puglover99
    puglover99 Posts: 13 Forumite
    edited 12 April 2015 at 7:43PM
    ................
  • puglover99
    puglover99 Posts: 13 Forumite
    edited 12 April 2015 at 7:44PM
    ................
  • 10pence
    10pence Posts: 348 Forumite
    puglover99 wrote: »
    Long story short.

    Opened am account in 2008.

    Never used account and requested closure a week later.

    All was fine until 2010 started having collection calls regarding this account.

    Default was registered on my credit file.

    Complaint raised bank accepted liability and agreed to remove default and close account and waiver charges.

    This never happened.

    After 5 more years the default was eventually removed within 72 hours of court claim being issued.

    The bank have appointed solicitors who are defending the claim.

    I'm at the stage where I await allocation at my local court.

    General chat wanted, aswell as advice and other similar stories.


    Somewhat confused, how did an used account become a debt?
  • colsten
    colsten Posts: 17,597 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    10pence wrote: »
    Somewhat confused, how did an used account become a debt?
    Might have been an account that carries a monthly fee (that was never paid, and therefore it clocked up an overdraft and overdraft charges)

    puglover99 wrote: »

    The bank have appointed solicitors who are defending the claim.
    The bank would be unlikely to do this unless they had reason to believe they can win. What evidence could they have that you haven't mentioned?
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    puglover99 wrote: »
    They have breached ther obligations under BCOBS
    BCOBS itself is an industry code. It's not (unless I'm mistaken) a legal statute.

    While some of the content maybe covered in other legal statutes (search for Payment Services Regulations) I can't see how you can successfully sue for a breach of BCOBS itself.

    You could use BCOBS to explain to the court how the bank was meant to act but didn't. That would help the court to ascertain why you believe they are in breach of contract and how you have suffered a detrimental effect
    Once judgement is obtained ill forward it as a general complaint to the FCA AND ICO AND MOJ.
    You may be wasting your time there. But if it makes you feel better ... what happened when you went to the FOS?
  • puglover99
    puglover99 Posts: 13 Forumite
    edited 12 April 2015 at 7:44PM
    ................
  • puglover99
    puglover99 Posts: 13 Forumite
    edited 12 April 2015 at 7:44PM
    ..............
  • colsten
    colsten Posts: 17,597 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    There is obviously a lot more to this than you first told us.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture