Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
The bank should not be able to close your account immediatly without first informing you by letter. This letter then allows you 14 days in which to repay outstanding amounts and or setting up new accounts elsewhere. they may have "Frozen" your account but you should still be able to access details.
Halifax Bank - Owed £1599
23/3 - Data Protection Act sent
24/5 - Data Protection Act finally arrived
25/5 - Demand for repayment sent
04/10 Court bundle filed with court and Halifax
29/10 STAY ISSUED
JAN 08 - Currently being harrased by debt collectors!
Mar 08 - New DCA - Stopped in there tracks
Jun 08 - And another
Jul 08 - Complaint made to HBOS
Nov 08 - My accounts been sold to a DCA
Jan 09 - New complaint issued against HBOS
Mar 09 - Halifax re-aquired the debt
Apr 09 - Applying for Hardship.
at least they removed 2 defaults in selling accounts!
I dont not claim to know everything and any advice i give should be treated as MY opinion.
Not sure if there is a template letter for your complaint on the site.
Have a look at the Financial Ombudsman's Site, it explains how to make a complaint......
I have just gotten my closing statement and it reads
Closing Balance 120 pounds.
The bank now send me this letter after I sent them a letter informing them that I was not happy and I believed the action was retaliotory.I need advise pls.
Dear Smart.
Thank you for your letter.I have now read your letter carefully and investigated the issue raised.
I understand you are unhappy because you feel we closed your account as a result of you enquiring about direct debit placed on your acct.
I can assure you that your account was not closed for this reason.Our record show that you had an overdrawn debtor balance on your acct from 20 December 2005 and there was only one credit of 10p on 6th May 2006.
I know Mr Bolevard at Customer Relations responded to your complaint and informed you that your acct was overdrawn because of three unpaind items.
When you brought the issue of your overdrawn balance to our attention,as your acct has not been used since December 2005.The decision was made to write off your debt and close your acct.This is inline with our policy whne dealing with debtor balance acct.
I have enclosed your closing balance and I hope I have been able to explain our position.
If you are happy with this letter you dnt need to do anything .This will show that both you and the bank are content that the case has been resolved.
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NOW can someone tell me what is a debtor balance acct and what now happens to the closing balance OF 120POUNDS.I intend to send them the below letter please advise
REQUEST TO REOPEN ACCT
I have been a loyal customer of Royal Bank of Scotland and wish to continue giving you my custom. However, in a recent letter from yourselves you informed me that my account was closed because I made a claim and asked for clarification/claim against yourselves to penalty charges unlawfully levied against my account.
After seeking advice I have discovered, that the Royal Bank of Scotland charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I still believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law.
I believe that you are in breach of section 14.1 of The Banking Code to which you subscribe where you are duty bound to treat customers “positively and sympathetically”. In closing my account I believe that you would also in fact be punishing me for daring to file a claim against your organisation for unlawfully applied bank charges levied against my account. Under consumer protection legislation and common law I am perfectly within my rights to pursue such a claim.
I find it unbelievably unfair that you would even consider closing my account given my grievance with you and would formally suggest that this would in fact be inappropriate and highly disproportionate behaviour by yourselves. Please be aware that I will NOT be bullied or intimidated as I have the full weight of the law on my side. Should your view differ then you will leave me with no alternative but to make an official complaint to the Financial Ombudsman.
For the avoidance of doubt I now request a copy of the original contract that I signed with the Royal Bank of Scotland and a copy of the terms and conditions at that time, along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed report of which clause, in the terms and conditions, each charge had been applied against.
I Have A Default On My Credit File And So I Sent A Cca Request To The Bank.the Bank Responded Back And Informed That I Have No Credit Agreement And Authorised Borrowing Since It Was A Step Account.
They Also Informed Me That The Default Notice Was System Generated So They Are Unable To Provide A Copy.
According To The Cca A Default Can Only Be Issued For A Valid Regulated Credit Agreement.
You have a default on your credit file because of the debit balance of £120 on your a/c which the bank closed and wrote off the £120. This doesn't mean that the debt is no longer there, just that they have agreed not to chase you for it, but they can still register the default.
The CCA does not apply to bank a/c overdrafts, so as the bank says, there will be no Credit Agreement
The CCA does not apply to bank a/c overdrafts, so as the bank says, there will be no Credit Agreement
Not entirely correct Michael the agreement is just different for overdrafts than for other credit agreements. Section 74 of the Act allows for certain types of agreement to be excluded from part V (form and content) where the OFT has so determined. This detemination (the Determination) regarding overdrafts under section 74 was made on 21 December 1989 subject to three conditions.
(a) That the creditor shall have informed in writing the OFT of his general intention to enter into agreements to which the Determination will apply;
(b) that...the debtor shall be informed at the time or before the agreement is concluded
- of the credit limit, if any;
- of the annual rate of interest and charges applicable from the time the agreement is concluded and the conditions under which these may be amended;
- of the procedure for terminating the agreement
and this information shall be confirmed in writing.
(c) that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing no later than 7 days after that 3 month period of the annual rate of interest and charges applicable.
However the bank will argue that as this was a step account there is no overdraft facility.
I have read the CCA and it states ,that for a default to be placed on your credit,the creditor must have sent you a default notice.
RBS did not provide a default notice when I made a CCA request.So I have asked them to remove the default on my file .
Also they have refused to provide the transaction that made my account overdrawn.Legally are they Obligated to provide the details of the transaction which has resulted in the account being overdrawn?