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As the FSA has allowed the banks to freeze all claims against them until the OFT test case has finished, can that be used for a defence when all money owed on an account is made up of charges and they or DCA's are after their money?
Surely the law has to work in both directions and if the banks don't have to refund charges then neither do we until the case is over.
What do you think?
...
Surely the law has to work in both directions ..?
Yes.
If a DCA attempted court action to recover such funds, you could enter a defence and hope that a Judge would still allow the case to proceed (which is unlikely) or you could apply for a stay on the same principal that banks currently do - i.e. that you should await the outcome of the case in the High Court.
There have been examples of this, and there have also been examples of cases being allowed to proceed where the bank (or dca) have then dropped their case.
I would still think that the chances are slim that a DCA would start legal proceedings for a disputed debt like this... I presume you have made it perfectly clear that the money involved is disputed, and outlined the reason why?
I got paid out by Barclays who never even put in a defence. But now they have a DCA on my back wanting money paid out on the order of the court returned to them. Apart from the fact they are in contempt of court (the judge got seriously annoyed when I reported this to the court), it's all made up of charges so I want as much ammo to throw at them as I can get if they try court action.
OFT Test Case Question
's are after their money?
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Originally Posted by joe1965
