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Abbey - Data Request - Wescot


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Hi,

 

I owe Abbey several thousand quid and they have been chasing it for 18 months or so.

 

Earlier in the year I sent a data request to them and they sent back my statements and from this I made a claim against them for a sum equivalent to a little over a third of what I owe them.

 

I have had the standard response from them over the matter and I responded to that by continuing to press for settlement failing which I would escalate the matter to a court claim in order to reduce my debt to Abbey.

 

They have failed to meet my deadline and consequently I am about to complete the necessary claim form N1 but a thought has just crossed my mind and as such I would like some input on the matter before I do proceed with litigation...

 

My worry is: If I make a claim through the CC, am I leaving myself at risk of a 'counterclaim' form Abbey for the amount that I owe them?

 

I am worried about this so much that I am making myself ill over the matter and on top of that I have Wescot pressing me to pay them despite having sent them 'account in dispute' letters etc etc.....

 

Any thoughts on the matter would be a great comfort ...

 

Shadrach

Edited by shadrach.dingle
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Hello David,

 

I sent Abbey a SAR request with £10 and got all my statements together with some 'screen shots' of my account.

 

I then calculated the charges on the account and made a claim for the repayment/credit of about £1200 ...

 

Got the usual 'on hold' letters and I then sent a letter advising them that I was going to persue the matter in court if it wasn't resolved within my time limits ...

 

Again got a standard 'on hold' letter also suggesting that should I proceed in court they would immediately apply for a 'stay/suspension' whilst the OFT case continues.

 

Shadrach

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Hi,

 

I owe Abbey several thousand quid and they have been chasing it for 18 months or so.

 

Earlier in the year I sent a data request to them and they sent back my statements and from this I made a claim against them for a sum equivalent to a little over a third of what I owe them.

 

I have had the standard response from them over the matter and I responded to that by continuing to press for settlement failing which I would escalate the matter to a court claim in order to reduce my debt to Abbey.

 

They have failed to meet my deadline and consequently I am about to complete the necessary claim form N1 but a thought has just crossed my mind and as such I would like some input on the matter before I do proceed with litigation...

 

My worry is: If I make a claim through the CC, am I leaving myself at risk of a 'counterclaim' form Abbey for the amount that I owe them?

 

I am worried about this so much that I am making myself ill over the matter and on top of that I have Wescot pressing me to pay them despite having sent them 'account in dispute' letters etc etc.....

 

Any thoughts on the matter would be a great comfort ...

 

Shadrach

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Best policy is CCA them.

 

In the letter library you will find the appropriate letter, (I think its letter 'N). Send the letter by recorded post along with a postal order for £1 to Westcot. Do not sign the letter.

 

This places the account 'in dispute' and puts Westcot under the obligation of providing you with a copy of the agreement you signed to open this account. While the account is in dispute, OFT guidelines prohibit Westcot from continuing collection activety. They have 12 + 2 working days in which to provide this document after which they are in default of your request. At this point you can legally stop paying them until they do.

 

See what comes back as it is possible the agreement may be unenforceable which makes the issue of charges irrelevant if that is the case.

 

David

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Best policy is CCA them.

 

 

 

David

 

I was lead to believe that it serves no real purpose to CCA a bank account

 

I received copies of my application papers when I got my SAR bundle from the bank.

 

I also understood that the 'account in dispute' kicked-in the moment that I made a claim against them for repayment of charges.

 

This doesn't seem to be putting Wescot off making a real nuisance of themselves chasing the total debt.

 

As I said in my opening post, Abbey have received my letter before action and I'm ready to go to court, however I am worried that I will be opening myself up for a 'counterclaim' as the debt to Abbey will not be cleared by the claim for charges ...

 

 

 

Shadrach

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David,

 

Okay I have read over your thread again (#6) and you may have something here in as much as I may be overlooking the fact the I am in possession of an 'unenforceable' agreement ...

 

What do I need to look for in order to establish if it has been properly executed?

 

Whilst waiting for your response to this point I will go and dig the docs out of the file and study them carefully.

 

Shadrach

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Is this a bank account or Credit Card / Loan?

 

If a bank account then tell westcot that due to their being unlawful charges etc applied to the account and that due to the court case pending with the OFT the account is in dispute and to bog off.

 

If it is a credit card / loan then CCA Westcrap

 

It is a bank account with an overdraft ... now closed by Abbey.

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Okay, I will get yet another, perhaps stronger, letter off to Wescot today.

 

In the meantime would it be possible for some advice on my concerns over escalating the matter to a county court claim .....

 

 

 

They have failed to meet my deadline and consequently I am about to complete the necessary claim form N1 but a thought has just crossed my mind and as such I would like some input on the matter before I do proceed with litigation...

 

My worry is: If I make a claim through the CC, am I leaving myself at risk of a 'counterclaim' form Abbey for the amount that I owe them?

 

 

Shadrach

 

Also, what do I need to look for on an agreement to establish if it is correctly executed and enforceable?

 

:) 'pretty please'

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The overdraft, although covered by the CCA 1974, does not require a signed, executed agreement to be in place for enforcement, like a credit card or loan would.

 

File your N1 to claim back the charges, which, if successful, will reduce your overall debt.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 2 months later...

Okay further developments on this matter today .... I have received a letter from Abbey (in a Robinson.Way & Co envelope) saying that they have sold my account to RW & Co and that any further contact should be made to them.

 

Now since I last posted the situation is as follows;

 

I advised Wescot that I was disputing the account with Abbey and that I intended to file a claim in court - they responded by sending the account back to Abbey.

 

Wescot ... out of the picture:)

 

At the same time I sent Abbey a LBA on advice of 'tiglet' - this was with the view to filing an NI claiming back charges - Abbey responded to that with the usual info on the 'test case' and advised me that if I were to continue, they would apply for a 'stay' in the action pending the outcome of the OFT test case.

 

They also advised me that my claim has been registered with them and would be put on hold and dealt with in due course.

 

I have not got around to actually filing the N1 mainly due to lack of funds.

 

So, I am now expecting a barrage of telephone calls from RW together with the usual threat letters ... Advice is needed on how I should proceed with this matter when I hear from RW.

 

I was under the impression that a creditor could not pass on a debt if it was in dispute:confused:

 

Does my claim against Abbey place my account/debt in dispute?

 

My claim against Abbey will not cover the whole debt if I were to succeed, does this give RW any right to continue to pursue me for the balance whilst the OFT case remains unresolved?

 

I welcome your valued input on this matter in order that I can respond to RW when they make contact ..

 

Shad,

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I went the same way with my old Abbey account, they sold it as well...wrote back to them advising them again that the account is in dispute etc - not heard anything back as yet and that was about 6 months ago now...also had the standard letter from RW (I thnk), told them to refer back to Abbey due to the dispute - seriously file that claim though as soon as you can, if nothing else it gives you more ammo when they try and resell it again...which they may do

 

just my tuppence :)

 

EDIT: Forgot to mention, theres a number of ways of dealing with telephone calls also, most of the templates for which you can find on here ;)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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seriously file that claim though as soon as you can, if nothing else it gives you more ammo when they try and resell it again...which they may do

 

I have just got off the phone to the local county court and they are sending an EX160A for exemption/concession of court fees as it appears that I may be abel to get a full remission on issuing a claim against Abbey.

 

Shad.

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as they say, every little helps :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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have u ftled court papers yet?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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And DON'T phone them...EVER :D

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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