Abbey

nolrod7

We started the procedure of taking reclaiming bank charges from Abbey around this time last year. We are one of the cases that is on hold. We opened a new bank account as advised by your site and this has been a lifesaver. Only problem is we had a £2,200 overdraft which obviously we have been in no position to pay back at the moment. We are now being threatened that they will take us to court to recover this money. How is it that we have to wait until this court case is over to finish our claim against them but they can hound us? The ammount we are claiming is far more than we owe them.

chipbeck

nolrod7 wrote: »

We started the procedure of taking reclaiming bank charges from Abbey around this time last year. We are one of the cases that is on hold. We opened a new bank account as advised by your site and this has been a lifesaver. Only problem is we had a £2,200 overdraft which obviously we have been in no position to pay back at the moment. We are now being threatened that they will take us to court to recover this money. How is it that we have to wait until this court case is over to finish our claim against them but they can hound us? The ammount we are claiming is far more than we owe them.

They're trying to frighten you I think. Your initial claim would then be a counterclaim.

Tozer

No, the initial claim continues as a claim. The bank may, however, raise a defence of set-off in that you owe them money thus reducing any claim which you have. They may also counterclaim (or start a new claim) which would, in theory, continue as a debt action. It would not be subject to the moratorium on actions as it would not be subject to the same principles.

I think it is right that the bank are trying to dissuade you from continuing. That said, I would be tempted to simply wait and not push things for fear of risking a claim against you. Overdrafts are repayable 'on demand' so you would have no defence by not repaying.