Urgent legal advice, have been given 20 days to respond

michaeldavis00

well to update all on happenings i have filed my deffence consisting of a template charges reclamation letter i doctored to read i request the charges be removed from the debt due to...... then the legal bits the letter came with. Allso an itemised list of dates, ammounts and reason of all charges over the past six years, and coppies of all statements. Unsupprisingly the debt of £1172 is less than the charges which total £1459. long n short of it, indeffinate stay untill out come of OFT test case, figure i just bought my self 5 years breathing room lol

HennyPenny

Well done mate. Keep us posted

michaeldavis00

How P*ss** off am i,
The story so far.......
Account opened in 2003 with Yorkshire bank.
3 happy years of going in and out of OD and getting charged to the hilt
2006 enquired about bank charge reclamation
2006 £850 OD canceled by branch at £820od
1 month later i find out as not been using account only putting in to cover bills from second account.
Advised by branch thast to stop £8 per day charge close account and settle in full.
Closed account and said i was disputing the ballence, began reclamation
Every attempt to reclaim blocked whilst bank fast tracked through Collection center, baliffs, court
2008 after much argument case heard, YB want £1275, i reclaim £1470 charges
Court stays case pending OFT test case results so i cant settle and bank cant pursue further
And now the cherry on top, Yorkshire Bank in there wisdom has put a big red 8 on my experian. I CANT EVEN OPEN A BANK ACCOUNT!!!!!!!!!

Can they do this while the matter is still in court and stayed?? if they win then it is technically true and within there rights to do this, If i win then they have ruined my credit for 6 years because they are robbling bas***ds and got cayght with ther finger in the pie so to speak.

Suggestions please, found this all out because i tried to buy a house for £36k under market value, cant get a mortgage even with my %20 deposit and am about to miss an amazing deal. Allso if i do lose the house and later win can i take damages based on house inflation and moneys paid in rent between the default being placed and the conclusion of the case?????

cifpower

You should have opened a second "parachute" account when you started the process. Technically you did default on your account's t&cs so the bank are well within their rights to place a marker on your file. You could place a Notice of Correction on your credit report to explain the situation but at the end of the day a default is a default.

squink

I see no-one's suggested you go to the citizen's advice and request to see a debt management advisor - I found it helps to sit down with someone who has all your facts and figures, and has the financial knowledge to coolly take you through your options - and what they can't cover, they should tell you who can ie. sounds like you need guidance on the legal minefield you're in - might you be eligible for legal aid for eg.?? But don't just see the volunteer adviser - it's the specialist (paid) advisors who have the knowledge.

michaeldavis00

this is the thing, legaly ive done the right thing in the sence its gone to court and put my case forward, the judge has stayed the case pending oft result. This means i cant settle the ballance and the bank can not pursue the issue further. Is it legal for them to say i have defaulted when potentialy i havent??? The default is only true if they win the case so surely untill they do win or lose no default can be said to of occurd???? i was under the impression that guilty untill proven innocent was a breach of my human rights??

borgbaiter

hi

have you tried ringing the court to see if they think its appropriate for the bank to take action on a stayed case by ruining your reputation without it being proven. it could be the court has powers to stop this.

failing that as the account is still in dispute take it up with the credit reference agency's and see if their rules allow them to add a disputed default to be added.

it seems wrong to me.


Borgbaiter

HennyPenny

I have to agree with borgbaiter on this one. I was under the impression that if an account is in dispute, they cannot default you, it should be on hold and no further action be taken.

Have you posted on any other sites - there is a world of knowledge out there