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Abbey chasing me for overdraft..some advice pls


lisam1969
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Well the story so far in a nutshell, I have gone to court, paid £250 to file, and the another £100 for the AQ - got a letter back saying that due to ongoing case with OFT the case is stayed pending outcome..didn't bother chucking away good money to get this over turned...just wait now...

But now Abbey are starting to chase me to pay my overdraf which is £1700, never mind they owe me over £5k...whats the best way to get these guys to wait like I have to for this OFT case to sort itself out....any advise anyone...I was going to offer say £10.00 a month, just to show them I am paying something.:-|

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i'm no authority on this, but i would advise you to ignore them. If you accrue any more charges, you can claim them back later on, and i believe that if they threaten you with court action/default they are breaching the banking code(there is a template letter in consumerwiki for this eventuality)as the account is in dispute. I must stress that i'm no expert on this.

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Well the story so far in a nutshell, I have gone to court, paid £250 to file, and the another £100 for the AQ - got a letter back saying that due to ongoing case with OFT the case is stayed pending outcome..didn't bother chucking away good money to get this over turned...just wait now...

But now Abbey are starting to chase me to pay my overdraf which is £1700, never mind they owe me over £5k...whats the best way to get these guys to wait like I have to for this OFT case to sort itself out....any advise anyone...I was going to offer say £10.00 a month, just to show them I am paying something.:-|

 

Hello Lisa,

 

This is a case of the rt hand not knowing what the lt hand is doing. :?

 

I would send a strong letter of complaint headed ACCOUNT IN DISPUTE to their head office, explaining the situation and state that as far as you are concerned the account is in clear legal dispute and until as the case is proven otherwise they should refrain from pursuing you for the overdraft that has been caused by them applying unlawful charges to your account.

 

I think making a token payment would be more than a good will gesture on your part to show that you are prepared to more than reasonable, if they are. oN THE OTHER HAND WHY SHOULD YOU, THEY [EDIT] took THE MONEY FROM YOU IN THE FIRST PLACE AND THEY WANT YOU TO GIVE THEM MORE.:evil: Sorry don't know what happened there

 

If they are now chasing what they consider to be a debt.:eek: They must follow their own banking code and the office of fair trading debt collection guidelines. to not do so would a breach of these. If they continue to take action against you by continuing to send letters demanding more money, if they default you or pass or sell the debt you will start legal proceeding against them for harassment.:D

 

Maybe post up your question on the general debt forum for others to comment.

 

Hope it works for you.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Lisa, I was in court on Thursday to try to get my stay lifted. Unfortunately I did not succeed (no surprise there!) However, I am in the same situation as you as in I have an overdraft of £1400 which they have cancelled on 1st Oct and said that if I do not clear it, charges and interest would continue to accrue. I mentioned this to the Judge and said that I was worried that Abbey would begin to threaten me with a default and send information to the credit reference agencies if I did not pay this off. He said that as Abbey had applied for a stay until the outcome of the test case, he would look very unfavourably upon them if they tried to enforce this debt and that if I received any communication from them demanding payment or threatening action, I can use this as evidence and he would then lift the stay and force Abbey into court. He said the account was clearly in dispute as the amount I am claiming is much more than the overdraft as in your case. If I were you I would take Hellhasnofury's advice and get a letter sent to them asap and if you do receive anything, contact the court.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Lisa, you send them a letter saying that the account is in dispute pending the OFT case, they should leave you alone after this - DONT ignore them, but dont let them bully you, in the templates library there should be a letter to send to them

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Have recently been in Leeds Court ref stays,and part of the judgement given when awarding the stay,was that no action should be taking by the banks,to enforce payment of OD's,when the account is in dispute,pending the OFT case.Any action by the Banks would result in the stay being lifted.

OFT debt guidlines should also negate any 'collection' attempts,while the account is in dispute.

Would suggest a simple letter to the Bank should suffice,to prevent any further action,and a reference to the guidelines set out in the OFT publication

...http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

particularly paras 2k and 2h..should shut them up.

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