Pursuance By Bank of 'Debt' Resulting From Unlawful Charges

[Bilgeman]

Sorry about the unwieldy title - can't think of any other way to put it.

I've recently replied to letters from my bank demanding payment of an 'unofficial overdraft' which is totally due to unlawful charges. My reply was, basically, 'go away - these charges are not legally enforceable' to which they responded by offering to discuss the situation with me. Again I told them that there was nothing to discuss as the charges are not binding and the only satisfactory outcome will be the removal of the charges, and any resultant interest, from my account. They haven't yet threatened me with Court and it's now several weeks since they contacted me. Has anyone here been threatened with Court under similar circumsances and if so what happened? It would be a big pointer, I think, whether or not a bank pursued such a situation because they would have to have some sort of hope that they could win if they went ahead, surely? Perhaps they might try it on in the hope that it will frighten people into dropping it before it got that far. I wonder how a Court would look upon a huge institution like a bank wasting its time by trying to enforce an unenforcable issue?

[Spiceskull]

If you are in the middle of reclaiming these penalty charges, you could put them under notice that as the amount is in dispute, and that any attempt to 'outsource' the debt to a third party, such as a debt collection agency, would be a breach of s.10 of the Data Protection Act.

[Rooster-UK]

Do you have all your statements? If so then send the preliminary letter and add a paragraph that the account is in dispute.

Preliminary request for return of unlawful charges.......

http://www.consumeractiongroup.co.uk...repayment.html


If you don't have your statements then send off the Data Protection Act Subject Access Request letter.......

http://www.consumeractiongroup.co.uk...t-subject.html


Add a paragraph to the effect that, Pending probable legal action to reclaim the unlawful charges levied on your account, the account is now in dispute.

N.B. If the account is in dispute, then there is very little that they can do.

Hope that this is of some use to you.
Good luck with your claim.

[Bilgeman]

Thanks, Folks. I must say I'm not particularly concerned about the bank's posturing. It's almost worth ignoring them so that they do go ahead and try to take me to Court just to see what happens. I've already told them I'm disputing the charges by phone and letter and told them in no uncertain terms that if they wish to say anything to me about the matter then they are not to phone but put it in writing. I have asked them for a full breakdown of how they arrive at the charges and that no further money will be paid into the account until all charges and interest are removed from it. They haven't phoned me since and, needless to say, there has been no breakdown of charges forthcoming.

[Spiceskull]

Most here would agree that the best course of action is to reclaim the unlawful charges. The bank is not going to provide a breakdown of charges on their own claim, so you need to compel them to do it - and the best way is to take them to court.

As rooster says, step one is requesting all your transaction history with a Subject Access Request, and step two is sending off the preliminary request for repayment of charges. The bank will soon change its position on whether or not to pursue you for an imagined debt...

[rogerebaker]

I remember reading a thread on here some months ago where this happened and actually got to court.

I cant remember if the bank lost the case or dropped it on the court steps but they certainly capitulated.

Cant remember the name of the thread sorry

[Mindzai]

Originally Posted by The_Phoenix

If you are in the middle of reclaiming these penalty charges, you could put them under notice that as the amount is in dispute, and that any attempt to 'outsource' the debt to a third party, such as a debt collection agency, would be a breach of s.10 of the Data Protection Act.

Also, passing details of your disputed debt onto the credit reference agencies is a breach of s13.6 of the banking code should they decide to threaten that (they did with me).