A Default On The Account You Are Claiming For?

[Delboy01]

Hi, Im likely to get a Default on my Woolich account Im claiming on. I ran my account up to its OD limit, but failed DD Charges, Interest Charges and Daily Charges, have taken me £200+ over. I am speaking to collections, and they have TEMP stopped Daily Charge, whilst I "Go to the CAB fill in an income / expenditure form and get the CAB to write to them offering £1 a week" Got the forms but dont want to do this cos I have to treat all other creditors the same right?

Anyway I digress I have till 15th to do this "or Charges will be reapplied"

I have placed this thread in the "bank claims thread" because:-

1. Others here will prob have this problem in the future.
2. I want to combine the 2 actions if possible i.e. claiming charges and fighting a likely default action, especially if it goes to court as might it be possible to get a judgement on both??
3. I fully intend to refund my account and overdraft with my "winnings"

I really would appreciate comments from some of the stars on here on the best way to procede to

a. prevent a Default in the first place
b. remove it subsequently should it occur during my claim.
c. advice on letter preparation and production and WORDING to the bank pre court and during court !!

Im sure I have forgotten something here but I shall add to it non doubt!!

Delboy

Do you have all the statements for that account? If not , have you sent an S.A.R - (Subject Access Request)?

Even if CAB negotiate a repayment plan for you they will still default you as you have not acted according to their T&Cs.

If you do not have the statements, then I suggest you send the S.A.R - (Subject Access Request) as quickly as possible and when you get the statements (I don't know if Woolwich use delay tactics or not) send the prelim letter off asap, this puts the account in dispute and they cannot process a default on a disputed account......I will help you with a letter at this stage.

Wxxx

[Delboy01]

Hi Willow i am at LBA stage 7 days to go see Delboy against The Woolwich

My LBA had this paragraph in it too!

Also at this time I have to inform you that as of this time I now consider that this account is now IN DISPUTE and therefore I believe that the unlawful charges you have imposed on my account far exceed my current overdraft.
I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved. If you do proceed by issuing a Default Notice or making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act.

Iam also thinking about sending this to Collections AND ask them to contact their own HEAD OFFICE for confirmation.......

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I believe that the unlawful charges you have imposed on my account far exceed my current overdraft..

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

If you do proceed by issuing a Default Notice or making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.
Should you require confirmation that this account is in dispute, please do not hesitate to contact :-
Head Office, Barclays Bank PLC, 1 Churchill Place, London E145HP

Yours sincerely,

What do you think??? LOL

Delboy

PS should I add that I intend to return account to below my od or even clear my overdraft in full??
Upon Success??

Oh I see!!!!

Can you include in the letter re: disputed a/cs...

the Woolich is in danger of breaking Section 13.6 of the Banking Code, where it states that a financial institution may only pass on details of debts to the Credit Reference Agencies if the debts are not in dispute.

And in ref to the default....

I will be disputing any default marker placed on my account as the defaulted amount would be an inaccurate reflection of the debt owed due to the amount being made up of unlawful charges. I refer you to the Data Protection Act 1998 (section) 14. - (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Ok?

Wxxx

[Delboy01]

Wow Willowb, top Lady, exactly what I am looking for I shall get that all in place by tonight and send tommorrow (is that spelt wrong??)

Delboy

No probs - good luck

Wxxx

[Delboy01]

Originally Posted by willowb

And in ref to the default....




Ok?


Wxxx

sHALL i HANG BACK WITH THE REF TO DEFAULT UNTIL THEY ATTEMPT TO ISSUE ONE ORE PUT IT IN THIS LETTER TOO? WILLOW?

Delboy for the sake of keeping your thread up to date, I have posted your letter here, I hope you don't mind....

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I (believe )(have estimated) that the unlawful charges you have imposed on my account far exceed my current overdraft..

I (am therefore informing you) (need to make you fully aware) that I am disputing the (aforementioned debt) (sum owed) and, as such, you must refrain from any further action until this dispute is fully resolved.
I CAN CONFIRM THAT I SHALL BRING MY ACCOUNT INTO ORDER WTHIN 14 DAYS OF THIS DISPUTE BEING RESOLVED AND WOULD BE GRATEFUL IF YOU WOULD CONFIRM ACKNOWLEDGEMENT OF THIS POINT IN YOUR IMMEDIATE REPLY.
I CAN ALSO CONFIRM I SHALL ENCLOSE A COPY OF THIS LETTER WITH THE DOCUMENTS I SHALL BE SENDING TO THE COURT IN RESPECT OF THE BANK CHARGES MADE TO MY ACCOUNT, ALONG WITH THE ENCLOSED LETTER (what letter? can you list what you are sending to the Court?)INDICATING THAT IT IS SOLEY THESE TYPE OF CHARGES LEVIED BY YOURSELVES THAT HAVE CAUSED MY ACCOUNT TO EXCEED MY OVERDRAFT.

If you do proceed by issuing a Default Notice or (processing) (making) any adverse data (comments) on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998. Also the Woolwich would be in danger of breaking Section 13.6 of the Banking Code, where it states that “a financial institution may only pass on details of debts to the Credit Reference Agencies IF THE DEBTS ARE NOT IN DISPUTE!!

Should you require confirmation that this account is in dispute, please do not hesitate to contact :-
Head Office, Barclays Bank PLC, 1 Churchill Place, London E145HP

I've put in some suggestions (up to you if you use them) but like I said in my pm, it's a gooden!

Wxxx

[Delboy01]

Done that Willow off to POST OFFICE NOW!!

Much appreciated

DELBOY