Abbey business claim.Should i continue.

[Tawnyowl]

Have been offline for a while and still catching up with latest news but i am just asking for some advice.Please excuse if this has been asked many times before.

1-I asked Abbey business for a refund of charges of approx 900 pound .

2-They wrote back very quickly refusing this and saying rather threatengly that if they feel their relationship has broken down with their customer they would close the account.

3-I then read on here somewhere to suspend all business claims due i think to someone losing their claim against Abbey.

4-My account is now less than a hundred pounds in the red due mostly to bank charges.

5-This has now been handed to a DCA who is chasing me for this amount.

6-Due to leaving things as they were would i have to start a new claim against Abbey due to the time since the original claim about 6 months.

7-If i start again should i send the DCA a letter telling them the account is in dispute.

8-What does anyone think-all advice appreciated.

[photoman]

Have been offline for a while and still catching up with latest news but i am just asking for some advice.Please excuse if this has been asked many times before.

1-I asked Abbey business for a refund of charges of approx 900 pound .

2-They wrote back very quickly refusing this and saying rather threatengly that if they feel their relationship has broken down with their customer they would close the account.

Let them close the account. You can then cite this in your court case as being a retaliatory act, which will not look good for them. Have you opened an account elsewhere? Do you really want to continue doing business with someone that has treated you this way in the first place anyway?

3-I then read on here somewhere to suspend all business claims due i think to someone losing their claim against Abbey.Current advice on CAG is to hold fire on business claims. This is not to do with anyone losing, it is because we are all yet to determine the best way to proceed with business claims. As business claims have never been covered by and so can't be claimed under UTCCR99, then they need to be brought under the argument of being penalties at common law. The judge ruled in the last stage of the case that the banks current T&C's do not make the charges penalties at common law. Although focused upon personal accounts, it could be translated over to business accounts also, and so leaves business claims brought under common law (so far as current T&C's are concerned anyway) potentially without a cause of action. The judge is due to rule around the 7th or 8th upon whether previous T&C's for personal accounts could make the charges penalties under common law. Although this once again is focused upon personal accounts, it could be inferred from this that the same may apply (whichever way it goes) to business accounts also. CAG are suggesting that business claimants hold back on progressing business claims at the moment, firstly to see what the outcome is of the next round, and secondly to consider other approaches. If you have a claim in progress and at the court stage, then depending on the outcome it may be necessary to file an amendment after the next round.

4-My account is now less than a hundred pounds in the red due mostly to bank charges.As this sum is less than the amount you are claiming, then it consists solely of disputed sums, so send them a letter, and inform them to only correspond in writing and to refrain from harassing you, otherwise you will consider taking further actions of your own.

5-This has now been handed to a DCA who is chasing me for this amount.

6-Due to leaving things as they were would i have to start a new claim against Abbey due to the time since the original claim about 6 months.Unless you have withdrawn the claim or a judgement has been made then the case still stands. It may however be necessary to file an amendment to your POC.

7-If i start again should i send the DCA a letter telling them the account is in dispute.You should send the DCA a letter now, informing them the that the account is in dispute, and to refrain from any further action, or harassment. Otherwise you will take actions of your own. See the link I have posted below

8-What does anyone think-all advice appreciated.

 

You can see a similar scenario regards the bank (or DCA) harassing you for sums that you claim are in dispute here.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40840-mooshy-lloydstsb-3.html

 

Look at post number 50, on page 3 for a sample template letter to send.