EricTheRed v Abbey

[jonni2bad]

Clearly some decision making for you then....

 

In the first instance, you could try to get them to withdraw the charges, pointing them to the fact you will be shortly taking legal action to recover existing charges etc etc.

 

A long shot, but the price of a phone call......

 

The biggest decision comes from deciding whether or not to leave money in your account that would otherwise be taken by these new charges. Leaving it in will mean the money is swallowed up, you have to wait longer to go to court and thus wait longer to get your money back.

 

Taking it out will mean that you are likely to exceed your overdraft limit (?) but you will be able to start proceedings, probably by paying cash directly to the court rather than online, but you should then see the matter resolved much quicker.

 

Clearly, it would be unwise of me to advise you to take the second route - I just wanted to clarify your potential options....

[jonni2bad]

Some people are currently claiming, but as this is quite new I don't think they have reached settlement yet.

 

If you have not received the full charge details from the bank, you are advised to issue the DPA Non-compliance LBA and give 7 days notice of court action for that.

 

If still no reply, issue the N1 Court claim for the breach of DPA and then issue a court claim for monies based on estimates.

 

I.E. - You have 12 months of charges, equalling £300

 

6 years x £300 would be £1800, so that would be your best estimate until you are informed of correct charges by the bank.

 

DPA letters are in the Templates Library.

 

Does that help any?

[jonni2bad]

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Please try to keep anything that could be related to your claim in this thread.

[jonni2bad]

My guess is that they wouldn't take any legal action (in the short term) for recovery of the overdraft. Far more likely would be that they will issue a Default Notice requiring you to repay in 28 days, with the threat of marking your credit files.

 

Should that happen, you would need to write and formally make them aware the amount is in dispute.

 

As well as the path above (from Seminole) yo might be best placed to issue a Section 10 Notice from the Template Library. They have 21 days to respond to it, and failue to reply in time leaves them open to further action. The Sec.10 effectively states that 'although I agreed you could put info on my credit files, I never agreed to you putting incorrect info on them' - that type of thing.