Crafty Yorkshire Bank?

[millmerman]

Wife has just rang me to tell me I have a Yorkshire Bank statement at home showing I have been paying £50 a month off my overdraft - and have not been missing these payments.

 

I also have a letter from an agency saying they have bought the debt off Yorkshire Bank (I closed my account after a dispute over bank charges - which has never been taken any further by me), saying that I should not contact the Yorkshire Bank, and that I need to phone them and arrange a 'payment plan' with them - the amount they want in total off me is £100 more than the current balance I owe the Yorkshire Bank.....this all happened a month AFTER the bank and I agreed to extend the £50 a month payment until August this year!!!!!!

 

I will scan the letter and the statement tomorrow when i have them on me - but has anyone any experiance of this happining before? Can they actually sell my debt without 1 letter of warning, and at more than I actually owe?

 

Many thanks in advance for any feedback.

[42man]

If you haven't made any sort of dispute with the bank directly then they will pass it to a debt collection agency......you MUST start the charge reclaim process.... there is a possible letter here that you could edit... - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/580-letter-when-bankdca-attempt-to-collect-on-penalty-charge-situation.html

[millmerman]

I never put the dispute in writing as such - i just paid and got my bank statements but never actucaly did anything with them.

 

Since then i have been paying off my overdraft after agreeing to close my account....what I am saying is I am in line with my payment plan of £50 a month, which was also agreed and extended to Aug this year just a few weeks ago (month i would suggest).

 

They have since this arrangement, and after taking monthly payments sold my debt without telling me???

 

I have looked at that letter - but am unsure what i can put in regards the dates of dispute as it was a verbal disbute with them.

 

Like I said, I will post the 2 letters tomorrow and see what you think then.

 

Thanks for getting back to me so quick 42man.

 

I thought calling people up and setting up payment plans were the right things to do - obviously the Yorkshire Bank have on this occassion have decided to 'sell' my debt!!!!!

 

Is there any type of letter I can send to the debt company that have 'bought' the debt, and then another letter to send to Yorkshire Bank advising it is now up to them to sort out - Yorkshire for selling, and the debt company for buying - without actually discussing and warning me that this would happen?

[42man]

How about editing this one....

 

Passing debt whilst in dispute

Dear Sir/Madam,

Thank you for the above referenced letter,although I am totally bemused as to why I have received it.

 

The author of the letter seems to have taken no notice of the present state of the account as it stands,for the following reasons :-

 

1) In 2007, in the High Court banks applied for and were granted, ‘stays’, to claims for ‘penalty charges ‘ Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted, and no doubt ,judgement would be awarded in my favour..

 

2) I am sure that (name of bank) conform to The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute.

 

3) I am also sure that (bankname/DCA name) are fully au fait with the, Office of Fair Tradings code for Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);-

 

The following are deemed to be at the very least UNFAIR practices.

 

a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge.

HOW you could miss the ‘stays’on accounts is beyond me.

 

b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm.

c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment.

 

d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so.

 

e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

 

I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS.

 

Your letter has obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out from my employment,as well as postage costs,to reply to your letter.As you represent a financial institution, who regularly make charges to customers,I have taken the liberty of charging (bankname) the sum of £35,which I will add to my costs against them.

 

I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen,pending the outcome of the OFT Test Case.

 

I would also point out that I intend to maintain my legal rights,and if necassary, 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.including the High Court.

 

I trust you will give this due diligence,and look forward to your reply within the next 14 days.

 

Yours faithfully