My situation with abbey

[Bgm_co]

Does anyone have a link or an idea of where the courts ruling yesterday leave me on my situation?

 

thanks

[Bgm_co]

I'm still struggling with this, yesterday I got this through the door..

 

http://i39.tinypic.com/v3llyc.jpg

 

Basically the breif of the situation is..

 

* I was overdrawn

* I put a claim in for my charges

* claim was put on hold and debt was frozen

* now the claiming back charge has been stopped in the big court case

* now abbey are chasing the money again which is just under £1700

 

What should I do? phone wescot and try and arrange a payment plan or something? I really can't afford to pay the 1700 back.

 

Appreciate anyones help!

[eggman]

I had the same letter back in 2007 from them. They had my home phone number and called constantly demanding settlement. In the end I came to an agreement whereby they settled for half the money in four payments.

It was more than I could afford so basically I was robbing Peter to pay Paul but it was the lesser of two evils.

They assured me they would not come after me for the rest as long as I kept up the payments and to be fair to them they kept their end of the bargain.

Sorry I can't offer any advice other than to come to an agreement with them otherwise in my experience they will make life as hard for you as they can.

[Bgm_co]

Hey can anyone else help me here, or direct me to the right threads to look at??

 

The letter has a Action must be taken before 25th march 2010 date on it... And they have called the house a few times asking for me...

[Bgm_co]

Can anyone help??... today is the deadline on the letter..

[Mr lex]

Hi Bgm co,

 

I'm sorry, I have not seen your case before, can you tell me was your case stayed by the court, or did Abbey just tell you it was stayed ??

 

I saw your call to BankFodder, but I'm afraid he's not on=line at the moment.

 

Lex

Edited March 25, 2010 by Mr lex

[Bgm_co]

Hey Lex, It was put on stay by Abbey after the Financial Ombudsman contacted Abbey.

[Mr lex]

OK, did you file a N1 or MCOL in the court system ?

[Bgm_co]

No is this something I should of done?

 

Or do I need to do it now?

[Mr lex]

Give me a second mate while I have a look at what we can do for tomorrrow.

 

I'm still catching up on your thread/

[Bgm_co]

ok thank you, appreciate your help.

[Mr lex]

OK Mate,

 

I think this will do for a stop gap and buy us some time, I hope :-

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref: xxxxxxxxxxxxxxxxx

 

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

 

Bgm co

 

Where it says *My letter* use your last letter to Abbey.

 

Hope this helps Bgm

 

Lex

[Mr lex]

No is this something I should of done?

 

Or do I need to do it now?

 

In an ideal world, yes you should. But your not alone. If you had filed at court Abbey would have needed to apply to the court to have your case struck out. A lot of courts are continuing the stays untill November. Unfortunatly a lot of people have believed the banks that all cases were stayed, when, in fact only a court could have stayed the claim.

 

However, we may be able to argue this and get a claim in now, Abbey do seem to be one of the more exposed banks to a new claim.

 

I will have to take advice on this as Abbey are not a bankI have had any dealings with. Lets just get the DCA off your back for now, if we can.

 

Lex

[Bgm_co]

Thanks I'm getting this done now, Do I send it straight to wescot?

 

Wescot Credit Services Ltd

PO Box 137

HU2 8HF

 

Or to abbey complaints?

[Mr lex]

Sorry for the delay Bgm,

 

Yes, send it to westcot

 

You could copy it into Abbey too if you like but I think Westcot will soon be in touch somehow.

 

Lex

[Bgm_co]

Haven't heard anything from the abbey for a long time!