Can A Disputed on Penalties a/c Be Taken To Court By Creditor?

[dinah777]

I have a 1st Direct od a/c which is the sole a/c (out of many) that I can't quite seem to nip in the bud.

 

They have offered to refund penalties subject to me signing an acceptance of such. Without this the amount they can claim is questionable on account of the current test case position.

 

I get the impression they want me to sign this document so that the amounts concerned cease being under dispute. This is why I am resistant to signing such a document. I am not concerned personally about the penalties as they would only get refunded to the account and I would still owe them circa £ 400 and be chased for the remainder.

 

It has reached the stage where DG solicitors are involved and for the moment I've played a tactical game of delaying one way or other.

 

What I want to know is can an account that is disputed on penalties and unsettled in this regard as described above, be legitimately taken to court or would it get thrown out. Also do you think they are trying to call my bluff for the sake of £ 400?

 

Any thoughts would be really apprieciated.

 

Cheers, Dinah

[dinah777]

I have a 1st Direct od a/c which is the sole a/c (out of several) that I can't quite seem to nip in the bud.

 

They have offered to refund penalties (offered prior to the OFT test case issue - and they still hold to this) subject to me signing an acceptance of such. Therefore until I sign this they seem to be sticking to the with penalties amount regardless of the offer. Yet with this being the case the amount they can claim remains questionable on account of the current test case position.

 

I get the impression they want me to sign this document so that they have proof that the amounts concerned cease being under dispute. This is why I am resistant to signing such a document. I am not immediately concerned personally about the penalties (though of course ultimately I am) as they would only get refunded to the account and I would still owe them circa £ 400 and be chased for the remainder. I wonder if in their eyes signing this agreement would be the green light for them to take me to court for the rest.

 

It has reached the stage where DG solicitors are involved and for the moment I've played a tactical game of chess delaying one way or other.

 

What I want to know though is can an account that is disputed on penalties and unsettled in this regard (in mind of test case) as described above, be legitimately taken to court or would it get thrown out. Also do you think they are trying to call my bluff for the sake of £ 400? (£ 530.00 if you include penalties)

 

Any thoughts would be really apprieciated.

 

Cheers, Dinah

[Parkvale]

Any penalty charge cases coming to court now would be stayed pending the outcome of the OFT hearing. Have you claimed interest on these charges ? That would certainly reduce the £ 400. Good luck.

[freakyleaky]

Bump!