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Legal Dispute with bank

i have written to the bank and have put the following

Nationwide Collections Department
North Hampton Admin Center
NWBS
Moulton Business Park
North Hampton
NN3 6NW



Dear Sir/Madam

Account No/Reference No: − XX-XX-XX XXXXXXXX

Please note the above account is subject to a legal dispute. As of the 12th May 2008, whilst this account is in Legal Dispute you are not entitled to request any money for me, nor am I at liberty to offer you any payment, the account will be taken out of dispute on the full conclusion of the OFT Test case on unfair bank charges, which the above account is in dispute over,

I cannot now afford to make the payments of arrears to my account because ... I have become unemployed And as such am only getting temporary work though an Agency, so my earning are not guaranteed as work can change week to week, So you can see its impossible for me to make any monthly commitment.

I enclose a Personal Budget sheet which shows my total income from all sources, and the total outgoings of the household. As you can see I have only £40 left to make offers of payment to my creditors

In view of my circumstances, would you please accept £0.57p payment per month at present to be reviewed in six months? If interest or other charges are being added to the account, I would be grateful if you would freeze these so my debt does not increase. Also this is a legal requirement since the account is in dispute, also you are not allowed to pass my debt on to any 3rd party collection agency, or register any adverse information with a credit reference agency, since, this requires prior written consent, and as such consent is not given

I can however offer you as a full and final settlement, of £50.00 this is funded by a third party, and if you accept a full and final settlement, please give me details of which to make the postal order payable to, so I can pass this information on to the third party concerned

I don’t have to make any offer of payment as the account is in legal dispute, but as a matter of goodwill, I am making the above two offers

should my circumstances improve I will contact you again.

Thank you for your assistance. I look forward to hearing from you as soon as possible.

Yours faithfully
Mr. xxx xxxx


and the bank basicly said, that the FSA has told them they can still collect on an account, whislt the oft test case continues, now i understood if i put the account in legal dispute, then under the consumer credit act 1974, that they are not allowed to process any more data, / collect any money from me, but they are saying they can

is this true?

Comments

  • Clive_Woody
    Clive_Woody Posts: 5,969 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It might be worth having a chat with your local CAB. I am not sure if Trading standards/comsumer direct deal with this sort of thing, but if you give them a call they may be able to point you in the right direction for the best advice.

    :D
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • I have a similar issue to this member. The only diference is my local CAB wrote to my bank on my behave but the have closed my acct without any notice. The last time I was written to I owed them nearly 2grand. What do I do now please. Thanks manu101
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