Shall I? or will it come back and bite me on my bum?!

[dollies01]

Hiya!

I have already started proceeding against the Halifax, but am in a quandry about trying to reclaim from Abbey.

I left my Abbey account about three years ago, it had a two grand overdraft and I was constantly in the red with charges being added on a daily basis.
Now, I know that just leaving an account and opening another isnt really what you should do, but desperate times called for desperate measures!
Anyway to cut a long story short, Abbey have in the last three years used several different debt agencys to try and recover the 2,800 that I owe them and each letter has been filed in the corporation bin. However the new company that have taken over the debt are a little more tenacious, they have today sent a representative to my door, who when she got no answer, started knocking on my neighbours door, asking about my whereabouts!

So..........do I carry on doing my ostrich impression and ignore it, or, try and at least reduce the amount I owe by reclaiming unfair charges?
I have no frame of reference to my old account number or anything, so would I still exist to Abbey?
Any advice would be greatly appreciated.
thanks!

[mahala]

oh ypu'll still exist all right. I did the same as you 6 years ago - OD was £1800. They also employed DCAs - the info I got from Abbey shows several, but I only ever heard from one and they went away again. My info from Abbey shows this debt as written off.

[corinne]

my husband had this problem with a credit card he had 9 years ago. thay recently sent him a letter asking for the money but it was a different debt collection agency. i contacted citizen's advice and they said if you dont admit to having the debt with the debt collection agency they can not do anything. its only when you admit to it they can take you to court. Don't quote me on this but we haven't heard anything since. good luck

[dollies01]

Well, looks like the debt collectors aren't gonna let this matter drop, so as damage limitation I have told them that I don't believe I owe the amount they think, as the debt is mostly made up of charges.

I requested statements for the last six years from Abbey, bearing in mind that this infact will only be two years worth as I left them in 2002.

I had the microfiche brush off letter today. I have read the threads regarding this and as far as my limited brain can function, I have worked out that I can estimate my charges after the forty days are up............????????? Is this right?

[Karnevil]

You can, but it is best to get the statements first - and to get them you ma have to issue a court claim for non compiance of the Data Protection Act - have a look in the templates library. You have to give them 7 days notice first - which you can send on day 40 - also a template for this in the library. Estimating is difficult especially if you have no statements to base your estimates on - you have to be able to prove that your estimates are reasonable in court (should it get there)

But yes you can send an estimated prelim letter the same time you send the letter before action for the Data Protection Act non compliance.

[dollies01]

The debt collection agency that are chasing me for this money., have written again today saying they WILL take me to court if I do not make a payment by the 17/08/06 (they always used to say MAY, so I've always ignored them lol )

I have already told the woman that came to the door, that I dispute the amount owing and she said I wouldn't hear from them again.

Do I put it in writing that I intend to reclaim unfair charges or ignore the letter and see what happens?

The debt is for £2,800 .......I have been told on numerous occassions that they will settle for half. At least £800 of this must be charges as the overdraft was only £2,000......the overdraft was only needed as a cushion for the charges I was recieving in the first place!

[jannercobbler]

You could send a CCA request to the Debt collection agency (Letter is in the Template area) stating I do not acknowledge ANY debt to your company and asking them to prove they own the debt the cost is £1

[Glenn UK]

FWIW

It seems to me your strategy is quite risky. You are relying on the DCA to do or not do something rather than driving the issue yourself.

PErsonally I never got quite as far as you in terms of my debts but I wouldnt want to be worrying about bailiffs, DCAS etc knocking on my door.

I would formally dispute the amount on the abbey account and the Subject Access Request should be for ALL statements, not just the last six.

It my even be possible to claim for charges further than 6 yours ago.

Finally I would want to take charge and sort it out, unless you are the sort who has nothing and doesnt want anything it will cause sleepless nights and worry.

JMHO

Glenn

[dollies01]

I think requesting the Data Protection Act is DOING something about it, I was merely asking if anybody thought I should tell the DCA that I am.

Thanks jannercobbler for your advice, I think its a really good idea.


I dont have anything of financial value, nor do I aspire too.

My four children, happy, healthy and well balanced mean far more to me than all the money in the world.

[Glenn UK]

Hey dollies

im sorry if it didnt come across the way it was meant to, i was only trying to convey the fact that it would worry the hell out of me, not everyone feels the same way.

FWIW I dont have much of financial worth either but i wouldnt want to worry someone was gonna try and take what i do have off me, so sorry if i didnt convey my thoughts well and it rubbed you up the wrong way.

good luck whatever you decide to do.

[dollies01]

Despite the fact that I have sent the debt collection agency a cca letter and Abbey a S.A.R - (Subject Access Request) (both with payments) I have today, recieved a letter from Peter Knipe and co solicitors, giving me seven days to respond, or they will start court action.
I have penned the following reply, and would appreciate it, if someone could tell me if its ok?!
Dear Sir

I am in receipt of your letter dated 31/08/06, threatening me with court action.
I would like to inform you that I am presently in dispute with both Abbey and your client, Credit Security Ltd.
I have sent a Consumer Credit action letter, complete with cheque to Credit Security (21/08/06)
and a Subject Access request to Abbey, complete with cheque (30/06/06)

So far, Credit Security have broken the law, by not replying with twelve days and only have a further eighteen days, from today to provide these details before the debt becomes unenforceable.
Abbey have failed to provide the information within the forty days timescale and I am preparing a Letter before action, to complain to the information commisionaire.

Any court action that you issue to me will be strongly defended.
I trust this is a sufficient response to your letter, and ask that you refrain from any further contact, until I have resolved my disputes.

regards

[Karnevil]

Hi Dollies

I'm looking at your letter and willpost back with a few amendments if that is okay ?

Karne
x

[dollies01]

Oh please do Karne
I'm getting in a bit of a pickle with this one!

[Karnevil]

Dear Sir

I am in receipt of your letter dated 31st August 2006, in which you indicate your intention to take court action.

Please be aware that my accounts to which you refer, with Abbey National Plc and your client, Credit Security Ltd, are currently in dispute and undergoing investigation.

Credits Security Ltd have been issued with a request under section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, dated 21st August 2006, and I am awaiting their response.

Abbey National have been issued with a Subject Access Request, under the Data Protection Act 1999, dated 30th June 2006, and I am awaiting their response.

You will be aware that both of these requests carry specific statutory time limits after which further action may be taken.

Any court action that you issue to me will be strongly defended.

I trust this is a sufficient response to your letter, and ask that you refrain from any further contact, until these disputes are resolved.

Yours faithfully

Its not perfect so if anyone wants to pick any holes out its fine....

make sure you quote any references for the accounts at the top of your letter - and also any references the DCA/Sols have given you.

One point Dollies - the CCA request - the limits are 12 working days to become uneforcaeble and a further 30 working days before they have commited a criminal offence.

[dollies01]

Thats much better! thankyou very much!

[JonCris]

Don't forget to add that under the CCA 1974 1 (6) it is unlawful to attempt to recover a debt that is in dispute.

Send it via fax (if possible) & "track & trace"

[Karnevil]

Good point Chris...

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