Claiming charges from bank, DCA ignored letters??

skylight

Basically I am claiming back charges from First Direct (on behalf of OH). However, a DCA is chasing for the full amount from OH and I (was originally a joint account).

Now, I went BR in Feb 08 and have written to tell them - they have ignored that and are still writing to me, threatening CCJ's (go on then! Dare you!)

I also wrote to First Direct in April on behalf of OH - before the DCA ever got involved - asking for the bank charges back. After getting a letter from METROPOLITAN in Birmingham, I wrote telling them the account was in dispute with FD and therefore they are not permitted to chase the debt - but they still are!

Are there any templates around quoting the legal stuff at them? They are threatening legal action too with added charges. If they go this far, I will be back again, but for now I need to write again telling them to bog off.

skylight

Does anyone have any ideas??? (a shameless bump here!)

LilacPixie

there is a letter that you could amend on the NDL site. give me a few minutes and I will try find it and tweak it for you.

How are you progressing with the first direct claim??

skylight

FD have ignored the first letter, so we have sent today the second one. Barclaycard paid up without question as did MBNA (small amounts, although applied to the debt accounts), but Abbey replied with holding the action until they and the courts have finished - happy to wait as that too wipes half the debt off.


Just annoyed that FD ignored the letters and tried to send in the bullies. (Don't like bullies..... I like to deal with them!)

LilacPixie

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Account No: ***********

We would like to make a complaint against your company. The details are set out below.

We are familiar with the Office of Fair Trading Debt Collection Guidance. which states that in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

I would like to once again reiterate that the alledged debt you are persuing has been disputed with ******* company and this dispute is still ongoing.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We understand that you must send a written acknowledgement of our complaint within 5 business days of its receipt. If you are unable to resolve our complaint within 4 weeks you must send a holding response, explaining the reasons why and indicating when you will make further contact.

If you fail to resolve our complaint within 8 weeks, or if matters are not settled to our satisfaction, we will have no alternative but to escalate our complaint to the Financial Ombudsman Service.

This could result in you being ordered to pay compensation if our complaint is upheld.

We look forward to your reply.

Yours faithfully

Mr A N Other

As standard print name don't sign and send recorded delivery.

LilacPixie

my spelling is shocking at the moment. I hope you get the jist of it anyway

skylight

Perfect - printed and sorted!

Many thanks for that!

Conor_3

They are permitted to chase the debt if its in regards to an overdraft or outstanding loan. Whether or not the charges you're reclaiming would cover those is irrelevent - its basically two seperate things.

Just to add, any payout you get in respect of bank charges accrued prior to your bankruptcy is not your money. It belongs to the Official Receiver and must be given to the OR even if you are awarded it after you are discharged.

skylight

Its not my money - its my husbands as the account is now solely in his name and has nowt to do with the OR as it was a joint account.

It was an overdraft, I think I'll stick it out with the in dispute thing unless it gets nasty (ccj stage for OH for example).

Thanks!