My situation with abbey

[Bgm_co]

any advice ref to above post??

[Lula]

The should not default you as the account is in dispute and this would go against the banking code, if they do default you then the POC will include removal of the default as part of your settlement. i will find you a letter that you should send them, but as I am going to be out for the next few hours in may be in your interest to do a bit of reading in the document library, but i am going to ask someone to take a look for a suitable letter

[ukaviator]

Hi

 

Send them something like this:

 

Account In Dispute

Dear Sir/Madam

Account Number: xxxxxxxx

 

As you will be aware, I have recently disputed the balance of this account on the grounds of unfair and unlawful penalty charges which have been levied against me. These charges apply to ALL of the accounts that I have had with you.

 

As this account is dispute, I have stopped all payments until this issue is resolved. Section 13.6 of the Banking Code clearly states that you may only pass details of my debt to the credit reference agencies if the debts are not in dispute. As previously stated, I have disputed this debt in writing DATE. Furthermore, if I receive a default notice, this would constitute a further breach of section 13.6 of the Banking Code. I require this matter to be resolved before I am impelled to take further action.

I would also like to mention that I am both shocked and appalled by the fact that you have decided to impose more unlawful charges on my account when it is in dispute and without informing me prior to doing so.

 

I would be grateful if you would stop any charges on my accounts until my dispute is fully resolved. If you persist in imposing any further punitive charges on this account, including charges for legal letters, they will be included in the amount I am claiming from you, and I will be forced to seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing and do not wish to be telephoned again.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter, and look forward to an early reply.

 

 

Yours faithfully

[Bgm_co]

thats the letter i have already sent. So am i just waiting on a reply from the abbey. I'll have a look in the doc library at lunch...

[Bgm_co]

I've heard nothing back from the collections department so i thought i'd call them, and surprise surprise they no nothing about the letter i sent, so they give me complaints number and i call them. They recieved the letter but the collections dept don't no anything about it? how crazy is that. I have received aother standard letter back from the complaints dept regarding there court case with the OFT.

 

And when i phoned the collections dept they asked me to make payment.

 

Theres a major lack of communication in this bank in my opinion.

[Bgm_co]

i sent the letter a while ago and have not heard back from the bank ref the overdraft status and being in dispute, today i have recieved a letter from a debt collection company working on behalf of the abbey to collect my overdraft.

 

any idea where i stand on this??? has got me a bit stressed out... and mad.. bloody abbey!!

[Bgm_co]

where do i stand with the debt collection company??? I have said that im not paying because the account is in dispute.. is that the right thing to do?

[lee_s]

Abbey did this to me a few years back, but as the debt was in dispute the debt collection agency were not legally able to take any enforcement action. Just make them aware of the dispute and see how they respond. Might be worth making them aware that you know your rights and that a debt whilst in dispute cannot be legally enforced.

 

In my case they passed it back to Abbey, my court claim eventually got paid and they ended up owing me money which was a refreshing change.

[Bgm_co]

i've had three letters from this company now, and now there telling me they are returning the debt to Abbey in the next 7 days....

[Bgm_co]

Hi,

 

I have just spoke with abbey... they said they are passing my debt on to an external recovery company and closing my account.

 

can somebody tell me where i stand?

[Lula]

Well when you hear from this external company , you tell them that the debt is in dispute due to unfair charges, send them a copy of the dispute letter that you sent abbey and they will probably pass the account right back to Abbey.

[Bgm_co]

Thanks Lulu, I will do that.

 

 

I just had an interesting conversation with the Banking Code Standards Board.

 

The person whom i spoke too, said that the bank arn't actually breaking the code "13.6". and that they can continue to presue the debt and pass on to an external agency even though I have a claim on the charges.

[Lula]

that is a new one on me, I will go away and check it

[Bgm_co]

if any help...

 

Banking Code Standards Board

0845 230 9694

 

thanks

[MARTIN3030]

Try this one;

 

OFT guidelines on debt collection section 2 (6)

 

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

[Lula]

Thanks Martin, S13.6 is about passing information to CRA's

[MARTIN3030]

Lets also remember that the banking codes are not a legal framework.....its a voluntary code (although the OFT last year entered discussions with them telling them that they would force tougher regulation upon them if they failed to address some concerns )......and who do you think funds the banking code ?

 

 

Erm...........yes you guessed.....The Banks !

[Lula]

you old cynic lol

[Bgm_co]

Try this one;

 

OFT guidelines on debt collection section 2 (6)

 

 

h. ignoring and

/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

ok just looked that up (link) http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

where does this leave me, do you know? what should my next action be?? I will phone OFT for some advice in the morning...

[Bgm_co]

Thanks Lulu, I will do that.

 

 

I just had an interesting conversation with the Banking Code Standards Board.

 

The person whom i spoke too, said that the bank arn't actually breaking the code "13.6". and that they can continue to presue the debt and pass on to an external agency even though I have a claim on the charges.

 

 

Am i correct here??

[Bgm_co]

sorry for all the questions, I am just trying to work out what my next move should be!!

[Bgm_co]

that is a new one on me, I will go away and check it

 

Hey Lula, did you manage to find anything on this?

[MARTIN3030]

I thought it had already been made clear ?

You can either make a complaint to the FOS quoting the breaches of the OFT debt collection guidelines or go to your local trading standards and let them take it up on your behalf.

Either way I would send a letter to Abbey H.O. informing them that you are aware that they are in breach and giving them notice of your intended action.Remind them also that you will ask the FOS to consider awarding you compensation,should they close your account.

If you go to your local trading standards,take all letters that you have sent/rec-they will take copies of them.

[Bgm_co]

I thought it had already been made clear ?

You can either make a complaint to the FOS quoting the breaches of the OFT debt collection guidelines or go to your local trading standards and let them take it up on your behalf.

Either way I would send a letter to Abbey H.O. informing them that you are aware that they are in breach and giving them notice of your intended action.Remind them also that you will ask the FOS to consider awarding you compensation,should they close your account.

If you go to your local trading standards,take all letters that you have sent/rec-they will take copies of them.

 

 

thanks for this are there any template letters, for what i should send.

 

thank you for your help.

[MARTIN3030]

Not specific to your situ.....give me 15 mins.