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Notty/Abbey disputes with DN and other issues


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Hi

 

My son sent his first letter to Abbey with regards to charges. They wrote back with the usual reply about the pending court case. He is now sending the LBA. In the meantime he received a letter from Abbey saying they are going to issue him with a default. Is there a letter to send regarding this? Any help would be appreciated.

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  • 1 month later...

I have sent two letters to Abbey bank asking them not to take any further action as the account is in dispute. I have also sent the first and LBA to Abbey, again both ignored. I have received a letter today from a DCA who have said my account is in default. Can Abbey do this, sell the debt to the DCA and is there anything else I can do. I am in the proccess of changing my NR mortgage so if they have applied a default to my account this will have a massive impact on my chances of getting another mortgage. I am at a loss as what to do next any help would be really appreciated. I havent sent the N1 yet.

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I have sent two letters to Abbey bank asking them not to take any further action as the account is in dispute. I have also sent the first and LBA to Abbey, again both ignored. I have received a letter today from a DCA who have said my account is in default. Can Abbey do this, sell the debt to the DCA and is there anything else I can do. I am in the proccess of changing my NR mortgage so if they have applied a default to my account this will have a massive impact on my chances of getting another mortgage. I am at a loss as what to do next any help would be really appreciated. I havent sent the N1 yet.

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Cool just sit and wait for their reply.

The default if a hard one im not too clued up on really, they are hard to remove and take lots of time and patience but as the account was in dispute before they added the default you should have a chance, i dont think a default will have that much affect on a mortgage application if you have kept up payments on previous mortgages/secured loans and do not have CCJs

 

 

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Send this to Debt management and Recovery (amend to suit)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

 

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

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Hi, Notty.

 

Send the DCA this........

 

Edit as needed

 

Quote:

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

*- Delete as needed

 

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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  • 2 months later...

Hi

 

I have (on behalf of my son) issued Abbey with the first two letters. I also had to sent the DCA a letter that the account was in dispute. Abbey have now replied again and told me that because of the court case they will not be able to sort out my claim. They have given me a number and also they have said they will carry on and recover the money (£350). They have also issued a default which I didnt think they could do whilst the account was in disupute. Or is that because we have not yet issued the N1 claim form? Any help would be appreicated.

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I am pretty sure that as the account in "in dispute" that they cannot carry on court action. i would suggest that you write back and state the same to them Due to the impending court case ref bank charges i will not be making any payments in regards to the claimed debt of £350 until there is a final say on weather they are legal and enforceable etc. As you seem to be able to use this as an acceptable excuse then i can only assume that i can.

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/Mistakes lol...

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Thanks for the reply Majik. I thought that as well but I want to be sure before I send off any letters. Or does anyone else think I should send the letter or carry on with the N1 claim and just ignore their letter?

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Hi, Notty.

 

There is a letter you could edit and send them.......

 

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 note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - 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 not stop this default action and proceed by 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.

 

Yours sincerely,

 

 

I'm sure you can add a default removal request with your court claim, I'll need to have a look around and get back to you.

 

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Maroondevo52 seems to have written the letter for you Notty.

Dont ignore their letter respond to it using the above and carry on with any current action you have against Abbey. If you are claiming back charges though it is unlikely that the court will do anything until the final outcome on the "Test Case" etc although i believe that judges are allowed to make there own call on it.

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/Mistakes lol...

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Just another thought. I have already sent Abbey the account is in dispute letter previously and also warned them not to put a default on the account but in their last letter they have ignored it and put the default on but not sent a default notice? Do you think its a bit of hoodwinking? Should I send another letter in reply to theirs telling them the account is in dispute and not to add the default or should I just issue the N1 claim and make the removal of the default part of the poc? Thanks for your help.

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Thanks for all of your help. I am just not quite sure if I should issue them with another letter telling them the account is in dispute? I sent them one a few weeks ago when they threatened a default and told them if they went ahead I would take action under the Data Protection Act 1998. They have now sent their latest letter saying they have issued the default already. Not sure if I should send another letter similar the the first (account in dispute) or just go ahead with the N1 and make the default removal part of the claim?

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Hi, Notty.

 

Think I'd go for the N1 with default removal included.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Abbey have probably breached the Banking Code, the terms of the account contract and also the Data Protection Act.

 

Please follow this link. Read the linked posts very carefully and then come back here.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/149480-have-you-been-defaulted.html

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  • 3 weeks later...

Hi Bankfodder

Thank you for your reply. I have read the info on the threads you gave me. I am preparing the letter to the CRA's. Also I am disputing the default on my sons' behalf. My concern is I have sent 3 letters of dispute to Abbey and the CRA sent him the alert that there was new info on his credit file. This was of course a default. They have threatened the default and sent a copy a few weeks ago but never actually applied it. Will we still have a case as the N1 has not been issued. The time scale has not been followed in that regard. I would appreciate your help if we should go ahead and send the letter to the CRA. Many thanks.

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