Debt collecters keep coming

[loukim]

well have have a claim for bank charges put on held awaiting the results from the OFT case......
As to date i have had 2 debt collections companys phoning me and sending letters for the same debt for scabby abbies overdraft all caused by bankcharges.
After many phone conversations and faxes sent both companies have agreed to not upheld my case as the account is in dispute and i gave them my claims ref no and referred it back to Abbey National, well and beheld monday i received a phone call from yet again another debt collections company WESCOT ( round 3 ) i once again i told the same story pretty good at it by now telling them my account was in dispute to be told i still have to pay so much a month. i told them they was in breach of section 2.8k from the OFT guidlines and their request could not upheld and would like them to take my claims number and refer it back to scabby abby.
Well today i received a letter from Westcot saying a debt collector would be calling at my house to collect the debt personally.
I rung them and said by all means send someone round as without a court order they would pretty much be waisting their time !! they then said the money was now due to them and not abbey national so the OFT case had nothing to do with it, i said well thats funny because can you show me any credit agreement i have with you that is signed by me as i had an credit agreement with Abby National not you. Well in the end i spoke to someone else who took my claims number and said they would be sending me a letter to confirm that they no longer would be seeking this debt and passing it back to Abbey National ( Funny that thought i owed them ) they also told me to ring abby national to ask them why they keep passing the debt...so phoned scabby to be told i had not debt with them but only with Wescott ?????? and they had nothing to due with this debt anymore was owed to Westcot ?????
Phoned Westcot to tell the the coversation i had had they took the number and name of the person i spoke to and said they would contact them as to ask why i was given this information.

Does the right hand no what the left hand id doing ????

[stonedecroze]

Hi Loukim, you are quite correct that they cannot set DCA`s on you over a disputed account and it is a breach of the Banking Code of Practice and a breach of the Office of Fair Trading Debt Collection guidelines:

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive

1. Examples of unfair practices are as follows:

1. c. using more than one debt collection business at the same time in repetitive and/or frequent contact by different parties.
2. d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and /or frequent contact by different parties
   e. not informing the debtor when their case has been passed on to a different debt collector

1. h. ignoring and/or disregarding that debts have been settled or are disputed and in
   continuing to make unjustified demands for payment
   2.7 Dealings with debtors are not to be deceitful and/or unfair
   2.8 Examples of unfair practices are as follows:
   i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed , possibly resulting in debtors being wrongly persued
   k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt

You can find these at the following link. You have 2 choices IMHO.
1. complain to Shabby and point out that they are in breach of the OFT guidelines in setting DCA`s after you. or
2. Make a complaint directly to the banking ombudsman and the OFT pointing out shabby`s behaviour

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Keep us posted and good luck. Stone

[abroadgirl]

i had the same and like you i told them i am in the middle of court procceding with abgbey as i was taking them to court etc yes they told me the same and said they are not handling it and refering it all back to abbey etc so i had the same then they shabbey ref me to another one i too phoned and told them the same
then anotherone this time shabby dont give up do they the swines
so then here comes the letter from debt managers edinburugh hahahahah on the phone again so they were persistant and said they still want paying i say on ya bike hahahah i am not paying a penny etc etc i havent heard anything since if you go to debt you will see my thread or go to
abroadgirl v abbey
you will find it in there somewhere
i will go and see in debt for the correct info with this one
although stone is very good
hiya stone were getting around arnt we hahahah roll eyes hahahaha
hugs
abg

[Lula]

Oh they do like a laugh don't they eh !!

[loukim]

Well got a letter from Westcott to say they would be taking no futher action and passing my case back to Abbey.

I faxed at letter to Abbey asking them why they was going against the OFT guidlines section 2.8k " not ceasing collection activity whilst investigating areasonably queried or disputed debt" and to also ask them why they had also gone and took money from my account to pay charges when i only had Tax Credits, CSA and Child benefit payed into this account and this was illegal for appropriate such benefits and going against Social Security Administrations Act 1992..
It is a matter of public record that there has been correspondence between the Secretary of State and British Bankers Assocition Chief Exective regarding thia matter.
I said this letter was a formal complaint and want a copy of their complaint procedure and a letter to confirm no further collection activity will take place while this dispute was unresolved and an answer to why they have gone against Social Security Administrations Act 1992 Section 187 by taking from my benefits.

Given them 14days to reply or i shall report them to OFT,FOS and Trading Standards and i would not discuss this over the phone and all futher communcation must be in writing.

So what do you think folks!!!

[Lula]

that is excellent, dont let the beggers get away with it

[IR2365]

Had a similar situation with Abbey and DMRS,just got off telephone a minute ago,told them the account was in dispute,the Abbey knows this so why were they harassing me and breaking the guidelines while the test case was ongoing. The woman apologised and suggested contacting Abbeys complaints dept. They are now passing it back to Abbey,so I now look forward to seeing what the fatherless at Abbey will come up with next