request for DPA Account now to be closed - Page 2

moonie · 15th May 2006, 16:33

I had to make adjustments to the LBA, so it hasn't gone today but will go tomorrow instead.

Are the woolwich passing claims of 'higher' value up to Barclays to deal with, or are all claims going up to barclays?

Mystery M · 15th May 2006, 19:33

Used to work in a complaints department for a bank and we used to divide all complaints into different categories so they were easier to handle. Looks like the Woolwich does the same and Barclays are dealing with of these complaints.

moonie · 18th May 2006, 11:06

LBA sent, date to respond 31 May 06

Barclays must be falling on hard times, they sent me more statements and couldn't even cover the cost of the postage, I had to pay for it. I've included these costs on my claim. !

moonie · 31st May 2006, 10:53

After writing to the Woolwich and the matter being passed up to Barclays to deal with, the Woolwich have now passed this account onto a debt collection agency.

I am totally at a loss.

Having contacted the Woolwich Collections Centre and explained (once again) the situation, they advised that this matter should be retrieved from the debt collection agency, but gave no explanation of who or how this should be done.

We should be registering our moneyclaim today, but not quite sure how to deal with this. Does it make a difference if the Woolwich have passed the account over to a debt collector?

Any suggestions/ advice ??

sportbeth · 1st June 2006, 15:58

Hi There,

It shouldn't make any difference.

I had exactly the same thing as you and Yasmin, my "Balance" was all charges, I didn't owe them a penny.

When the debt collector writes/phones you tell them the debt is formally in dispute and they will be breaking OFT regulations if they attempt to collect it. They will then offer you a settlement amount "to go away", tell them where to go.

BAsically I forced the woolwich to take accountability back to themselves rather than passing the buck. I don't think it makes any difference who they pass the balance onto because you will still dispute it even if they pass it on ten times!

They still have control of the account when it goes to the first debt collector. If they have no luck then it gets "sold" and it's not theirs anymore. They will try to blag you senseless about this but I found that whenever I got a "no" from them I just kept asking the question. They even closed my account and told me I couldn't have it back. They then invited me to apply for an account again with them. I explained that I would fail their credit scoring now and that of any other bank due to the default they had placed on me for their own incompetence. 5 telephone conversations later and they reinstated my account.

Anyway, you get the picture. When they say "The computer says no" argue back, every time! They will pass the buck at every opportunity

moonie · 2nd June 2006, 11:24

thanks for the good advice sportbeth, it's much appreciated

rogerebaker · 2nd June 2006, 20:23

Same happened to me. C

code 13 ss 6 of the banking code states they cannot pass an account in dispute to a collections agency.

Once I informed them of that they took a few large backward steps

moonie · 2nd June 2006, 22:33

thanks rogerebaker, it looks like my next step is to send another letter to them, and go ahead with the court action.

moonie · 6th June 2006, 12:54

Received an offer today of about 1/5th of our total claim.

dinghy · 6th June 2006, 13:37

GSMGuy · 6th June 2006, 18:00

Quote:

Originally Posted by rogerebaker

Same happened to me. C

code 13 ss 6 of the banking code states they cannot pass an account in dispute to a collections agency.

Once I informed them of that they took a few large backward steps

Well worth remembering that bit of code...

Mike

moonie · 6th June 2006, 19:09

I've tucked that little piece of info in with all the wealth of information i've gleaned from this site over the past couple of months

moonie · 3rd July 2006, 11:20

I filed my moneyclaim online today ... it's been a long time coming due to work/home/life/money commitments.

moonie · 8th July 2006, 13:17

Barclays have acknowledged and Keith Jeremiah intends to defend.

moonie · 17th July 2006, 11:06

ok help/advice needed.

The woolwich passed my dept onto a dca and even though I've written to both the Woolwich and the DCA and told them it's in dispute etc, the DCA have now passed this matter onto their solicitor who has written to me threatening to take me to court.

My court action against the Woolwich has been filed and they've acknowledged it (Keith Jeremiah defending in full).

What should I write back to the solicitor, any ideas anyone?

Bookworm · 17th July 2006, 11:26

Yes.

Write back to him saying that as you have already filed against bank, they can not ignore sum is in dispute, and you advise him to ctc KJ direct to confirm if he doesn't believe you. State that any action they undertake will be vigorously defended by yourself, since it seems a clear case of intimidation and harassment, as they can not pretend they do not know of your impending court action. Remind the solicitor of the clear breach of the banking code as per above. Basically, push back harder. Keep us posted.

moonie · 17th July 2006, 11:40

Thanks Bookworm .. ... much appreciated.

moonie · 2nd August 2006, 11:39

Quick update......I wrote to the DCA and informed them again, that this matter was in dispute, I included references to;

Code 13 ss 6 of the Banking Code, amounts cannot be claimed whilst in dispute.

and

Equally, may I refer you to the OFT’s Debt Collection Guidance,

Physical/psychological Harassment
Section 2.6 - Examples of unfair practices are as follows:

Ss h - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

Deceptive or Unfair Methods,
Section 2.8 Examples of unfair practices are as follows;

Ss i - failing to investigate and/or provide details as appropriate, when debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

Ss K - not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

In view of the above, and that you have already breached these guidelines please note that any further correspondence regarding this matter, other than confirming you have ceased in pursuing this matter whilst a dispute is in place, will result in a complaint to the appropriate regulating body.

Equally, any court action taken regarding this amount, or the filing of a default on my credit rating will be vigorously contested, with evidence to show that this matter is currently in dispute and that this has been communicated to you on 2 separate occasions.

Please pass this letter to your solicitor/legal department.

IT WORKED !

They wrote back confirming they will holdfire until they have more information.

If anyone else is in this same situation, Bookworm is right, push harder and you will get the results.

moonie · 8th August 2006, 11:25

I've now received my defence from Barclays, could someone have a look through and tell me if i have anything to worry about?

1. It is admitted that the claimant has an account, number xxxxx, sort code xxxxx. To the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for retgurned cheques, paid referral fees, or any other such fees), it is admitted that such charges were debited from the Claimants account, however, the defendant puts the claimant to strict proof of each charge and the date thereof.

2. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was opened, including (inparticular but without limitation) the following terms and conditions (which are summarised):

Wooolwich accounts

a. The defendant's right to charge administrative costs if any cheque, standing order or direct debit cannot be paid because of lack of cleared funds in the account - £30 per item (previously £27.50)

b. The defendant's right to charge administrative costs if the Defendant was compelled to pay any items which caused the account to be overdrawn - £30 per item (previously £27.50)

c. The defendants right to charge unauthorised overdraft fees - £3 per day

d. The defendant's entitlement to refuse any debit transaction or debit card transaction where there were insufficient cleared funds in the account and to debit from the claimants account any charges, interest or other money which became payable by the claimant to the defendant in relation to the account.

e. The defendants entitlement, if the claimant went overdrawn without an overdraft limit or exceeded his overdraft limit, to charge interest at the unatuthorised borrowing rate on the excess balance.

f. The defendants entitlement, if a cheque or other item paid to the account was returned unpaid, to debit the account with the amount of that item together with any interest paid by the defendant on it.

3. The Defendant's standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit).

4. If and to the extent it is the Claimants case that the failure to make necessary payments and/or failure to arrange an authorised overdraft consitituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account consitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his account and were consideration for the defendant advancing credit to the claimant, which the defnedant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges consitute unlawful penalty charges or are in breach of the Unfair Terms in consumer Contracts Regulations 1999 (particularly but without limitation to, paragragh 1(e) of Schedule 2, or are in breach of s.4 of the Unfair (contracts) terms act 1977, or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

6. Therefore, it is denied that the charges were unlawfully debited from the account.

7. If and to the extent the claimant incurred charges on his account, this was caused by the claimant have gone into overdraft without having agreed with the defendant an authorised overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

8. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

9. The defendant denies that it is liable to the cliamant for the sums claimed and interest as pleaded by the claimant or at all.

It all looks pretty long winded, but standard to me .... but I might be missing something important.

Thanks guys

moonie · 8th August 2006, 19:09

So, is it ok, anyone know? Does anyone care? Am I alone? Where is everybody? Where am I ? Who are you?

ANYONE ?!?!? SOMEONE ?!?!

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