Help! - Case stayed but debt sold to bailiffs

[cookerama]

Hi all, first post

 

Its actually for the Mrs. Shes put her claim in last year for overdraft charges against Barclays. The case went to court & then was stayed in October 'until after the final outcome of the OFT case' (no specific date).

 

Barclays have continued to apply charges to the disputed amount since the stay, but a cpl of weeks ago we started getting letters from Debt Managers Ltd saying they wanted the money & finally that they were taking her to court for the amount.

 

Usually I'd of sent out a letter for the credit agreement & enclosed the fee, however, I've read on here & elsewhere that they have been applying this fee to the debt & in some cases this has been deemed as an acknowledgment of the debt. So not doing that.

 

 

 

Am I right in thinking that they're having a laugh?! The debt is in dispute, its gone to court and has been ordered stayed. They can't apply to another court & get a CCJ on this same amount can they??

 

Wait for the court paperwork to turn up then enter another defence & counterclaim ???

 

How to progress then?? Apply to the original court to vary the stay? (we were thinking about doing that anyway to have the additional charges stopped)

 

 

Any ideas ???

[cookerama]

Hi all,

 

Its actually for the Mrs. Shes put her claim in last year for overdraft charges against Barclays. The case went to court & then was stayed in October 'until after the final outcome of the OFT case' (no specific date).

 

Barclays have continued to apply charges to the disputed amount since the stay, but a cpl of weeks ago we started getting letters from Debt Managers Ltd saying they wanted the money & finally that they were taking her to court for the amount.

 

Usually I'd of sent out a letter for the credit agreement & enclosed the fee, however, I've read on here & elsewhere that they have been applying this fee to the debt & in some cases this has been deemed as an acknowledgment of the debt. So not doing that.

 

 

 

Am I right in thinking that they're having a laugh?! The debt is in dispute, its gone to court and has been ordered stayed. They can't apply to another court & get a CCJ on this same amount can they??

 

Wait for the court paperwork to turn up then enter another defence & counterclaim ???

 

How to progress then?? Apply to the original court to vary the stay? (we were thinking about doing that anyway to have the additional charges stopped)

 

 

Any ideas ???

[tiglet]

I would write to them, informing them the account is in dispute and is subject to litigation already and explain about the stay.

 

if they commence proceedings, defend and ask the court to stay because of the existing stay.

[cookerama]

She's told them this verbally already. Theyve now started to call her at work, and after her company moved office they then called her HR manager (which is cool as theyre friends anyway .. but still ... )

 

I was thinking more along the lines of getting her to make a complaint to the OFT/FT as I take the view that these calls & letters constitute harrasment under s.40 Administration of Justice Act 1970 .. or even the Harrasment Act 1997 ??

 

She doesn't owe the money, she's told them she doesn't owe the money. Shes told them she won't talk to them, putting the phone down on each occasion and still they call & write to her on at least a weekly basis

[MARTIN3030]

2 threads merged-try and keep to one place it helps those following to help you !

[tiglet]

Verbal never works - she needs to put this in writing and send special delivery, siting the court the case is at and case number if possible.

 

If they ignore, ask to invoke Debt Manager's complaints procedure and also inform the OFT and TS. if they do not provide you with a copy of their complaints procedure or do not give you a satisfactory response, you can then ask the FOS to investigate, who will charge them for the privelege.

[noomill060]

As the alleged debt is in dispute, I would write to the Court and tell them you are still being persued for it and that you are concerned that this may be an attempt to **pervert the course of justice**

 

Enclose copies of all letters sent by Debt Managers Ltd and ask the court (ie: the judge) for their opinion.

[noomill060]

As has been said- do NOT speak to them.

 

Do EVERYTHING in writing.

[slick132]

Hi Cook,

 

Also, take a look at the OFT Debt Collection Guidelines (Link No3 in my signature below).

 

Sections 2.6 and 2.8 include sections which cover your case exactly and the DCA should back off.

[noomill060]

You could also use this oft debt collection complaint form to complain direct to the OFT.