Roxburghe

[rory32]

Have I?

Well I assume you sent them the letter in this post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180869-roxburghe.html#post1950543

 

The banks decision on you not being in sufficient financial hardship is not the final decision. The FOS or a court can overrule them. As the bank have actually given you a response though you can go straight to the Financial Services Authority who will look at your claim.

 

If they agree you have hardship status they will make a recomendation to the bank on whether they should refund the charges.

 

The hardship criteria the Financial Ombudsman Service would use is the Financial Services Authority waiver guidance. These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

 

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

 

2. In making an assessment of financial difficulty the firm will take into account:

 

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

 

b. evidence of the following events:

 

i. items repeatedly being returned unpaid due to lack of available funds;

 

ii. failing to make loan repayments or other commitments;

 

iii. discontinuation of regular credits;

 

iv. notification of some form of insolvency or court proceedings;

 

v. regular requests for increased borrowing or repeated rescheduling of debts;

 

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

 

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

 

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

 

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

 

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

 

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

 

You have nothing to lose by doing this, as the FSA Waiver states :-

 

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:

 

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

 

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

 

© the firm must explain the implications of its approach and commitment;

 

 

ALSO

 

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

 

 

 

Here is the contact details for the FSA How to contact us

[deathbycrayons]

Fantastic, thank you.

[deathbycrayons]

Is there a letter I can send to Nationwide re-iterating that there is still a claim for charges to refunded and that they shouldn't have referred us to a DCA? As all the claims were logged over the phone with Nationwide.

[deathbycrayons]

Anyone?

[deathbycrayons]

Bump

[emmaf01]

If you adapt the bemused letter-

 

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.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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

 

Please also note that, I have received several 'silent' telephone calls from your organisation, I understand that a debt collection agency was fined £36,000 by Ofcom for committing silent calls and subsequent abuse of automatic diallers, I have duly logged the times and dates of your calls, and due to a medical condition sleep throughout the day, I am ONLY prepared to correspond in writing. Any further communication via telephone will be regarded as harassment and treated as such.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[deathbycrayons]

Thank you.

[deathbycrayons]

This morning we had a bit of good news - Roxburghe wrote to us to say that they've put the debt on hold!! So it's been passed back to Nationwide. So our letters worked!! It also said that they would not contact us by telephone again!! I want to attatch the letter to this thread but don't know how..