Nelson Guest & Partners - Urgent advice needed please!

[boavista1952]

Hi,

I have received a letter from a firm of solicitors acting on behalf of Wescot Credit Services who are trying to collect £3,007 from me due to Abbey.

Now the situation is, back in December I sent a S.A.R data request to Abbey as a fair lump of this debt is made up of charges applied by Abbey for 'unauthorised this and that'

I received a shed load of statements and from that I prepared a claim and sent it to Abbey with the preliminary letter.

They responded by whittling on about the OFT case and that I should be aware that they have asked both FOS and the courts not to proceed with any further cases until there is a resolution in the 'test case'

Whilst all of this was going on, Wescot have been trying to collect the £3k, I have responded to all of their communications with the relevant letters (from CAG templates) but it seems to have fallen upon deaf ears as usual ...

The most recent letter from this outfit would indicate that they have chosen to ignore the fact that this account is in dispute and carry on regardless!




Urgent advice is needed on what I should say to this mob that I haven't already said to Wescot.



boa .....

[ODC]

Try this - AMEND TO SUIT



ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

[Hobbie]

Write back to Nelson Guest & P, advising that the account is currently in dispute with the OC.

Write to Abbey, informing them that you are disputing account, and the amount, if Abbey can say that it is holding back for the test-case before considering paying any unlawful charges back, I'm sure you also have a right to hold back paying monies allegely claim to be owed by Abbey which is in fact unlawful charges.

[boavista1952]

Excellent, thanks ODC....

[boavista1952]

Originally Posted by Hobbie

Write back to Nelson Guest & P, advising that the account is currently in dispute with the OC.

Write to Abbey, informing them that you are disputing account, and the amount, if Abbey can say that it is holding back for the test-case before considering paying any unlawful charges back, I'm sure you also have a right to hold back paying monies allegely claim to be owed by Abbey which is in fact unlawful charges.

Yep, I'm gonna send ODC's letter and I am also going to start a claim against Abbey albeit that they will ask the court not to proceed until the outcome of the test case is clear ....

boa ..

[42man]

Edit this and send them this brilliant letter...

Passing debt whilst in dispute

Dear Sir/Madam,
Thank you for the above referenced letter,although I am totally bemused as to why I have received it.

The author of the letter seems to have taken no notice of the present state of the account as it stands,for the following reasons :-

1) In August of last year,in the High Court in Leeds,YOU applied for and were granted, a ‘stay’, to my claim for ‘penalty charges ‘on this account for a sum in excess of £2400,way above the present outstanding balance.Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted,and no doubt ,judgement would be awarded in my favour..

2) I am sure that Abbey conform to The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute.The High Court Order I would suggest is reasonable evidence to assume that this account is in dispute.

3) I am also sure that Abbey are fully au fait with the, Office of Fair Tradings code for
Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);-

The following are deemed to be at the very least UNFAIR practices.

a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge.
HOW you could miss the ‘stay’on the account is beyond me.

b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm.
Your last paragraph of your letter threatening collection agencies etc.

c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment.

d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so.

e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS.

Your letter has obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out from my employment,as well as postage costs,to reply to your letter.As you are a Bank,and regularly make charges to customers,I have taken the liberty of charging you the sum of £35,which I will add to my costs against yourselves.

I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen,pending the outcome of the OFT Test Case.

I would also point out that I intend to maintain my legal rights,and if necassary, file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.including Leeds High Court.

I trust you will give this due diligence,and look forward to your reply within the next 14 days.

Yours faithfully

[ODC]

You should know that Nelson Guest are moorcrofts in house solicitors. Its highly likely that the letter sent out was like most of Moorcrofts letters just another computer generated threatomatic. Nelson Guest are to Moorcroft what Red Debt and Hampton are to Lowell

[42man]

I didn't realise that Nasty Gusset were part of Moorflop !!

[boavista1952]

I have just downloaded the NI form to commence preceeding in my local county court but a thought has just crossed my mind ... my claim against Abbey is for charges on TWO different current accounts that have both been closed ..... do I neeed to proceed with two actions against Abbey or just modify BankFodder's claim template (amended)?

boa...

[boavista1952]

Also just to clarify, Wescot and their cronies are only involved in one of the accounts ... the other is a much smaller amount almost entirely made up of charges.

boa ...

[tomterm8]

I would also send the original creditor a formal complaint letter, it is against the terms of the waiver to threaten legal action under these circumstances IMHO.

[boavista1952]

Update:

Westcot and Nelson Guest (Moorcroft) have both 'thrown in the towel' on this one and my file has been closed and returned to Abbey

Boa..