Still being pursued by debt collector despite claim for refund of unfair bank charges

[Handsomeboy]

Some months ago I made a claim against Lloyds TSB for unfair overdraft charges applied to my (now closed) account. I received the usual letter telling me that the matter was subject to legal action and was awaiting a decision in the High Court. The letter also aknowledged that I 'may be in financial hardship' and said their collections deartment would look at the matter. However, since then I have hard nothing about this but have received a number of rather intimidating letters from Robinson Way Debt Collectors threatening legal action to recover the disputed amount. Would someone suggest a course of action. Naturally I am quite anxious about the prospect of court proceedings.

[yourbank]

Photocopy the letter from Lloyds and send it to Robinson Way and tell them that the debt is in dispute and acknowledged by Lloyds as being so.

[Handsomeboy]

Thanks. Is there a template I can use or is it just simply saying 'account in dispute'?

[emmaf01]

Adapt this letter to say account in dispute awaiting high court decision, or such like.

 

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 other than it does seem that DCA's like yourselves engage in some form of 'pass the parcel' when it comes to collecting debts particularly where that debt is in dispute as this one has been since 2008!

 

Let me respectively remind you that 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

 

However to reiterate so there can be no doubt 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.

 

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

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

**Edit to suit**

[Handsomeboy]

Thank you. That's very helpful.

[Handsomeboy]

Well, I sent this letter with my complaint reference but am still being pursued vigorously by RW who say that my former bank state that they should still deal with their claim even though it is on hold because of the FSA waiver. RW are asking me to provide detailed information why the account is in dispute. I've recently read a solicitors' site saying that banks are now commonly using DCAs to pursue repayment even in cases which are on hold. I've again sent RW details of my overdraft charges complaint reference and referred them back to the bank. Can anyone advise me what my position is and suggest a form of wording which will finally get them off my back. Thanks