HELP! abbey taking further action!

[joroan]

Im not quite sure what to do. Basically im claiming in total £1,500 from Abbey and have been for some time im at the stage where i have to take it to court. We have a £294 unauthorised overdraft on this account (all charges) we have stopped using the account, cancelled all direct debits etc.

They have been sending me letters asking us to pay the money back ASAP, after looking through other threads i found a letter thats says the account is in dispute so they cant request immediate payment untill the dispute is settled, which i sent to them a couple of weeks ago.

Today i have received a letter saying that unless we pay the money back they will issue a default and pass the details to a debt collection agency and we need to ring them today to sort it out.

What do i say to that????

[Michael Browne]

Ring them, tell them you are recording the call (even if you're not), tell them the account is in dispute and you have already sent them a letter to that effect and due to the OFT test case (which they are party to) they will have to wait until that is decided. Unlerss of course they wish to refund your charges in the meantime!!

Then send the a/c in dispute letter again making reference to the phone call.

[Lula]

Nice one Michael!!!, also but threatening you in this manner they are breaking the banking code!! make reference to that too, but you will probably have to google it first to find the relevant bits lol

[joroan]

Thanks ever so much for your replies, i was so worried i dont want debt collectors at my door or them registering a default against me. Can they still do that though? as they seem to do anything they want no matter what you say to them.

[abroadgirl]

hi i had the same with them i kinda lost it when they phoned me the debt colleing agency and as soon as i told them that i was in the middle of taking them to court they said oh tyvm we dont want anything to do with that and said they will tell shabey
so after a few weeks i got a well a couple of letters from a debt collection agency in scotland so again i phoned them they phoned me i lost my rag cor did they get it and i said look here these are ongoing charges since the 9th jan 07 and inwhich the cheque was returned after my moblility going in the next day, and the otherone was for a refund that was made so they asked had i got anything to prove this i said yes so they gave me a fax number and i faxed it all to them i havent heard a thing since now ive mentioned it bet i get something tomorrow lol
i spoke to a gent in abbey and he said that that was wrong and shouldnt be going on all this time reapeated charges and that they were wrong he was on my side bloomin heck hugs
abg

[overflow]

Hi Joroan

Just follow MB's advice and Im sure you will be fine.
Dont think the OFT looks kindly on them doing this to ppl's accounts while in dispute.

Good Luck.

Regatds

[keithandjen1]

sorry to butt in, but where did you find the letter that you sent to the bank about the account being in dispute? i'm just about to start a claim(i realise that it will be stayed etc.), for an account i've stopped using(because of charges) which i'm considerably overdrawn in.

[Michael Browne]

See here:

Account in Dispute Letters

[joroan]

Ive just read all 36 pages of the banking code! dont know if it might be of help to anyone else but found a quote to use

'We may give information to credit reference agencies about the personal debts you owe if - the amount owed is not in dispute'

Also they must give you 28 das notice if they are going to pass your details to credit reference agencies.