Thread: Court Action Suspended Due To OFT Case - Bank now pursuing me

Will this help


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 2006 , in the High Court, banks applied for and were granted, ‘stays' to claims for ‘penalty charges ‘.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 ‘stays’will be lifted,and no doubt ,judgement would be awarded in my favour..

2) I am sure that Lloyds 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 Lloyds 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 ‘stays’on the accounts is beyond me.

b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm.

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 the High Court.

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

Yours faithfully




JOgs

alot of cases are NOT being 'stayed' or sisted in scotland.

http://www.consumeractiongroup.co.uk...tion-bank.html

basically scottish court system will not take into concern the OFT ongoing case as it's not a basis for the scottish court system.

the problem here being that you agreed to the sist. (i'll have allok into this)

have you got a claim for hardship:

http://www.consumeractiongroup.co.uk...-hardship.html

if i find anything helpful to your case i'll post up

ida x

yes if they have used the OFT case as a sist.

another template if you need it:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:

Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Ida x