TSB loan and OD

[sharkieuk]

Hi there this is my first post and there are probably many other posts like this but here we go.

 

I used to bank with the TSB but have now changed while I was with them I ended up with a 2000 overdraft after starting with a 100 pound one which got maxed out and they ended up charging me up to the eyeballs i asked them for help and to leaver some charges because they were killing my finances because i dont earn all that much but they wouldnt and all my wages were going into my bank and being ate up by the charges so i was in a vicious circle. Also I took out a loan with them 2 years ago for 3000 which i owe around 2000.

 

So what i did was changed where my wages were getting paid and asked the tsb to freeze my account to stop it accumulating charges so i could pay something back monthly and not keep getting charged 300 pound a month, but they said no they couldnt do this and that unless I bought it back into the overdraft limit it would continue to get charged so in the end i thought stuff you and left it to mount up because all being well with the test case I could claim them back up to now they owe me 3568 in charges alone.

 

After about 3 months of this there collections department kept calling me demanding payment and on one occassion I was speaking with an Asian boy who was rude and aggressive demanding payment of the full balance and saying that if I did not pay he would take to court so in the end of getting nowhere with him I said take me to court and hung up.

 

So for the past 6 months I have ignored all the letters the tsb collections department had sent then I started to get letters from there solicitors setchari mitchell and clark which i ignored and now I am getting letters from apex credit management I had a letter stating that they could give me a %50 discount which i ignored and now this letter telling me that I owe 5465.60 and that i needed to contact them within 72 hours or they would start court proceedings or send somebody round to establish my residency and reason for non-payment. I received this letter on the 23/06/08 so the 72 hours have past with no calls no letters and no visit. So now I am wondering what to do?

 

Sorry for the long read I just didnt know how else to explain my situation.

 

Also I have just tried to log into my internet banking for tsb to see if what apex was quoting was the real amount but it says that the accounts are inactive so does this mean that they have sold the debt to apex?

Edited June 29, 2008 by sharkieuk
Update

[maroondevo52]

Hi, Sharkieuk.

 

You should re-claim the charges on the account, take it as far as court stage, this will put your account in Dispute and they can take no action on it until the dispute is fully resolved.

 

 

 

Regards.

 

Scott.

[jumpjet]

Have you started a cliam for your charges from the bank?

Has the account been transfered to a debt collector?

[jumpjet]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

[sharkieuk]

Thanks for the quick responses

 

I have started to claim the charges back but have been put on hold awaiting the results of the test case.

 

Should I write to them and ask them for the CCA as ive seen on other posts on the forums or just tell them that the account is in dispute?

[maroondevo52]

Put on hold by who, how far did you get with your claim ?

[Jesteruk]

Your account is certainly in dispute.

Should Apex (they are a**holes!) ring again advise them you prefer contact in writing - DO NOT TALK TO THEM ON THE PHONE!

Send a letter to Apex by recorded delivery stating that the account in question is in dispute.

Also mention that you have not recieved a "Deed of assignment" and until such times as you do, you will not communicate with any other company apart from TSB.

This should cause Apex to return it back - Legally if an account is in dispute they can not do a thing.

Then send a letter to TSB advising them that they may be in breach of the banking code of practise by demanding money on account in dispute and advise them of heavy penalties should you complain to the FOS.

 

Basically dont panic.....You dont have to pay a penny whilst the account is in dispute. I know have had Halifax after me for 18 months with 9 different DCA's - ALL returning it back to halifax - including Apex

[sharkieuk]

I got as far as asking for the charges back to which I got a reply that all there cases had been put on hold untill the end of the test case it states "During the legal proceedings between the banks and the OFT, the FOS has decided to put all investigations concerning the fairness and legality of unauthorised overdraft charges on hold, until a decision has been made by the courts".

[maroondevo52]

Hi,

 

Was it just one letter you sent, did you send a Letter Before Action, if not you should.

Continue with your claim, yes it will more than likely get 'stayed' but you want to get in the queue when they start paying out.

 

You could try sending them this............

 

**Edit to suit**

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

 

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/** I received a letter from ********, which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

 

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

 

 

Regards.

 

Scott.

[Jesteruk]

Nice letter

was on here this time of night looking for a similar one

 

THANK YOU!!

[sharkieuk]

I like that letter but 1 thing i never received a letter or discussed that no action should be taken regarding my account as it is in dispute with TSB

 

So by sending me the letter acknowledging my complaint about the bank charges is that there way of saying that no action should be taken on my account?

[maroondevo52]

How's this one...........

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

 

ACCOUNT IN DISPUTE

 

 

As you are aware, this account and the balance thereof is currently subject of a dispute. as you must surely be aware that action such as that you propose would constitute breaches of the banking code.

 

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

 

 

Regards.

 

Scott.

[sharkieuk]

Thanks alot I will send it first thing tomorrow do I send it to the DCA or tsb themselves?

[RedVixen]

Well thats a change I got Apex BEFORE SCM, you may notice that the phone numbers these 'independent' agents ask you to call are usually Lloyds/TSB collection centre ones. Send the letters to Lloyds it is them you are in dispuute with - Apex and SCM are just monkeys that you probably work out of the same offices as the collections team - SCM definately do

 

And definately don't call them or let them worry you - you have started with an appropriate course of action but they will try and unbalance you before it has run its course

[maroondevo52]

Hi, sharkieuk.

 

It's Apex who are threatening you, I would send it to them.

 

Regards.

 

Scott.

[sharkieuk]

Ok thanks I sent it to them Monday morning recorded delivery (well I sent the letter asking them for the CCA) so that if they do have it i know where i stand and can then send them the next letter saying that it is in dispute so il wait and see what I get back and keep you guys informed.

 

Regards

 

Ryan

[sharkieuk]

Ok I have a had a reply from apex today after sending them a letter asking them for a copy of the CCA (Creditors and DCAs - Letter Templates & Budget Planner which surprise surprise was exactly the same as the last letter they sent me saying I had 72 hours to make an arrangement or they would send somebody round to see me.

 

So where do I go from here?

[mr.ton]

Ok I have a had a reply from apex today after sending them a letter asking them for a copy of the CCA (Creditors and DCAs - Letter Templates & Budget Planner which surprise surprise was exactly the same as the last letter they sent me saying I had 72 hours to make an arrangement or they would send somebody round to see me.

So where do I go from here?

 

You go absolutely nowhere from here...just sit back & let these morons do their thing.

Yo've CCA'd them - so the emphasis is on them now, not you.

The letters are just designed to imtimidate & scare you into paying up.

No-one will call round & see you - but just incase, politely tell them to leave or the police will be called for breach of the peace.

Bailiffs have no right to enter your home unless instructed by a court.

Inform them as well that any more communication with you will be deemed as harrassment for which you will seek legal advice against them for.

[maroondevo52]

Hi,

 

When did you send the CCA request, if it was more than 12+2 days ago, they are in Default of your request. You need do nothing until they comply.

 

Send them this, recorded.

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

__________________

 

 

Regards.

 

Scott.

[maroondevo52]

Sharkieuk, you should stick to one thread

Stops people getting confused

 

I'll merge this one with your other, please try keep to one on this subject.

 

Regards.

 

Scott.

[sharkieuk]

Hi there the CCA request was sent on the 30th June and was delivered on the 1st of July

[maroondevo52]

Just sit back and put your feet up, and wait

[sharkieuk]

Ok I have had a reply form apex a day over the 12+2 days they have sent me a statement that says the current balance is ZERO. Then a FIXED SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT AT 1974. And the terms and conditions but nothing has my signature on and this is just for my loan which was for 3k with just over 2k outstanding and they were asking me for over 5k which I think was my overdraft aswell. Also there is a page missing it says 5 of 6 but no 6th page is that the page that should have my signature on but hasnt because i never signed anything?

 

Regards

Ryan

[sharkieuk]

jump

[bigegg]

If you can scan the agreement, and post it on here - someone should be able to tell you if it's enforceable or not