Default for Debt that consists of charges AND is in dispute!

[Mindzai]

Hi,

 

I received a Default Notice from Lloyds today for a default placed on my account 3 days ago. This default is for an overdraft which they demanded repayment of upon the start of my claim (retaliatory? – I think so!). The entire overdraft, including the amount which is over my limit, is due to charges. I currently have a claim with them that was issued on 10th Sept and acknowledged by them a few days later.

 

This is clearly a breach of the banking code s13.6, something which I have repeatedly advised them before they issues the default, and something which I have tried to take up with their telephone staff who seemed to have never heard of the Banking Code. I have contacted the Collections Centre (who issues the default) and they have transferred me to various departments all of whom say I need to take it up with collections. This happens every time I call!

 

So does anyone have any advice on what to do? I’m thinking of amending my claim to include removal of the default, reason being they will either have to defend the charges or include it in the settlement. How do I go about this? Any other advice gratefully received.

[pugsley]

i copied this from this site awhile ago, so not sure who posted it

 

1 suggest that anyone protesting against account closure should enclose a copy of this to their bank with any other material.

I suggest that it is sent on a separate attached page and that the bank's attention is specifically drawn to it.

 

 

Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

We have therefore raised this issue with the Banking Code Standards Board, and informed those firms involved that we have done so. As a result of those conversations, we understand that the Banking Code Standards Board intends to state its position on this issue presently. We encourage the industry to use this opportunity to demonstrate the value of the Code in ensuring fair and reasonable outcomes to such disputes.

[pugsley]

gawd I collect alot om my computer, here's another, I only sent the first one though

 

Barclays Bank PLC

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

E14 5HP

 

Your Ref: KJ/LIT – *****

My Ref: BBBW

 

22nd July 2006

 

Dear Mr Jeramiah,

 

Thank you for your letter dated 18th July 2006.

 

I note with some concern that you state that my Barclaycard account has been closed and is now a ‘dormant’ account. I had not been informed of this and I am very distressed by this statement.

 

Am I to understand that my account has been Defaulted? I must point out that, if it turns out I have been Defaulted on this account, it will become a subject of further legal action against Barclaycard.

 

I attach a letter (Item 001) dated 6th July 2006 which suggests that this is not the case as it clearly makes me an offer to pay a certain sum to obtain a ‘concession’ to my account and this offer carries a closing date of 25th July 2006.

 

Due to uncertainty about the current position of my account I will now require a copy of any Default Notice to be forwarded to me forthwith, along with any other supporting details that you hold, and as such I have attached a copy (Item 002) of my ‘Subject Access Request’ and a cheque for the statutory fee of £10.00 for full disclosure of details you hold on your files about myself. The original has been sent under separate cover by Recorder Delivery to verify your receipt. I will also require a true, signed copy of the Agreement signed by myself when this account was opened.

 

If, as I suspect, I have been defaulted on this account I will be lodging complaints with the Banking Ombudsman, The Office of Fair Trading and the Data Protection Controller and will issue Court proceedings in order to recover damages and compensation for Defamation of Character and the Removal of the Default from my Personal Data File..

 

Furthermore, and not withstanding your letter stated above (Item 003) is headed ‘Without Prejudice save as to costs’, shall be submitting as evidence along with any subsequent correspondence from yourself that verifies, or even suggests, that my account has been Defaulted along with any other data that I obtain as a result of my ‘Subject Access Request’ to substantiate my claim for damages.

 

I have also attached (Item 004) a copy of a Notice pursuant to s.10 of The data Protection Act 1998, the original of which has been sent to you under separate cover by Recorded Delivery to verify your receipt.

 

It should be obvious from this letter, but I will state the obvious anyway just to avoid any possible mis-understanding. I reject your offer of £500.00 for full and final settlement of my claim against Barclaycard.

 

Yours Sincerely,

[Mindzai]

Hi pugsley, thanks for the info. I will be including the points regarding the DPA in my letter to them.

 

Does anyone else have any idea of where I stand? Where can I go from here? Is there anything else they have breached? I have been told that they have breached the CCA by defaulting this disputed amount, bhowever so far I havent been able to find this in the CCA.

 

Thanks

[pugsley]

I have got to start making some complaints myself will look into it