Search the Community
Showing results for tags 'formal demand'.
Found 2 results
I have, like many on here received a letter stating they previously issued a default notice and after 5 years, they now issue a FD. They also wrote; They intent to inform CRA's of default (dating back to 2009) Legal proceedings may be taken against me if I do not make a payment agreement. I requested a CCA back in 2009 and was fobbed off, and since they haven't come up with any signed paperwork or CCA. I then ceased making payments. I have received no correspondence since then So why now? They worried about it becoming statute barred perhaps? What would be the best way forward here?
Hello, I'm trying to find something that I can use to argue that a formal demand that was issued for an entire overdraft amount, while the account was in dispute, isn't legal. I understand that banks can demand the overdraft be repaid at any time as CCA doesn't apply to short-term unsecured loans but, The Office of Fair Trading Code of Guidance states: “putting pressure on debtors or third parties is considered to be oppressive. This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.” I wrote asking that action on the account be stopped while it was in dispute, they just carried on adding charges (unplanned overdraft to cover the repayment plan I had set up but stopped paying because I disputed I owed it as it was made up of charges). I wrote again saying I wouldn't be making payments while the account was in dispute, they then issued a formal demand for the entire overdraft amount. I need advice on whether they were allowed to do this....was thinking of replying along the lines of When I opened this account, I did not agree in the terms and conditions that you could refuse to freeze action, including making formal demands and continuing to apply charges on my account, when it was in dispute. Furthermore, it was not explained to me anywhere when I opened this account that the OFT Code of Guidance would be overruled in such circumstances and that you would continue to take action while the account was in dispute. any advice appreciated, my ultimate goal is to try and prove that a default notice that was issued and recorded on my credit file, after the banks full and final response, isn't valid (I recieved one that stated the default sum, about £60, and demanding I pay the money immediately by contacting them the day I recieved the letter, doesn't meet the consumer credit regulations). The bank are currently saying that the default notice is valid because, 1) they issued a formal demand prior (when the account was in dispute). I think they are trying to say that they followed the right procedure before defaulting me ? But I don't think a formal demand while an account is in dispute sounds right. 2) that it was clear from a statement issued just prior to the default being recorded that the account was with thier consumer debt recover department Am I on the right track here ? Or is there something else relating to action on disputed accounts, bearing in mind it's an overdaft that was being disputed, that I can use ? Also do default notices issued on overdarfts have to satisfy the consumer credit regulations, in terms of the amount of time given to avoid the action they say they are going to take ? I am ultimately trying to remove the default notice, but realise I will have to start a repayment plan for the overdraft in the end as the test case wasn't successful. many thanks in advance.