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Claim on stay - being chased for payment


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I made a claim against Abbey earlier in the year and my case is currently on hold.

 

My claim is for £838 but my total overdrawn (student overdraft) was £1590.

 

The debt collection company that were chasing me stopped, but the debt has since been passed on to bcwgroup.com

They contact me today asking for payment. They said that they were willing to accept £700 to clear the debt and that i need to set up a payment plan immediatedly for amount i am over my claim figure.

 

Is this correct? Do you have any advise at all?

 

Thanks,

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i have had dealings with bcw in the past and they are a bunch of bullies! The best thing is to refuse to speak to them on the phone and just write to them explaining that your case is on hold, if you can afford to make a nominal payment of say, £10 per month that should keep them off your backs, you may need to be seen to be paying something as obviously your overdraft is not covered by your charges claim. Hope this helps - they also threatened me with a house visit but as they are based in Glasgow I thought this would be highly unlikely and ignored them - they never turned up! Good luck and keep posting if you have any more problems.

[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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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

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Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

 

 

I made an application to have a stay lifted, although the stay wasn't lifted the judge got rather narked by the fact that Abbey were proceeding with chasing a debt that was primarily made up on charges and that was in dispute. She went as far as making an interim order to tell Abbey to stop debt collection. If they don't comply then she has agreed the stay can be lifted. Might be worth considering if the have put you through debt collection / harrassment via phone calls etc.

 

She said that any legal action brought by Abbey in regard to the debt would have no legal basis and you could simply ask any action to be stayed too.

 

Hope this helps

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  • 1 month later...
Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

I send the letter above via recorded delivery. Since then I have not had a single phone call or letter from them. This includes the fact they have not sent me a CCA.

 

What are my next steps or do I just wait?

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  • 2 months later...

Had a call from APEX today. I refused to give my details and said I will only communicate by post. He said that is rubbish as I have ignored letters from them. I told them I have no idea who APEX are (I didn't at the time), he basically called me a liar and said he was going to record the fact I refused to speak to them.

 

I had previous sent BCW a letter to stop harrassing me by telephone at home and work.

 

The debt is related to an overdraft do these not have CCAs?

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two more calls today and a letter from them.

 

The letter states that my account has been look at and they want me take advantage a special deal.

 

What should my reply be?

 

I imagine they will call my work phone later today

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