is "having bank charges" a defence - when the sum is made up of charges ?

[scorterooney]

Hi,

 

Title may be a little confusing so ill explain.

 

Lloyds want approx £1200 off me and its gone to apex management DCA - the sum is made up of approx £100 overdraft and the rest is charges.

 

Ive worked out what i have been charged since day one ( 2001) by lloyds and it comes to around 6k

 

Am i in a safe position to write to Apex / lloyds and tell them the a bove and use it as my defence and / or a counter claim ?

 

Hope that makes sense

 

Scort

[yourbank]

Have you received a court claim or just a letter from Apex?

[scorterooney]

Have you received a court claim or just a letter from Apex?

 

 

Just letters

 

also recieved a few from buchanan and the bunch re the same thing.

 

In the past i have phoned apex - explained teh situation and they have then not contacted me for a 6 months but would now like to sort it out once and for all.

[BankFodder]

Yes. Your bank charges clai will block them completely.

 

Have you started your claim? If not, then sdo so now. you will earn 8% on your claim figure which you will not receive if you merely wait for the bank to pay you out.

write to the bank and to the DCA and put them on notice that there is some that they are claiming is comprised entirely of charges and that furthermore they owe you far more charges than the value of the alleged debt.

 

Tell them that they have seven days to pay you or you will begin an action in the County Court. They will ignore you, so begin your action.

 

8% is a phenomenally high rate of interest at the moment and the banks are too stupid to realise that it makes sound economic sense to pay you out now and to avoid this level of interest -- and also avoid the logistics of having to produce a defence in court.

 

Don't threaten legal action if you don't mean it. But if you don't bring legal action then you will find that you will lose quite a lot of money.

[scorterooney]

Cheers bank fodder.

 

I have and havent started my bank claim with lloyds lol.

 

Back at the end of 2006 i sent them the two pre lim letters claiming charges back 6 years but never went any further as the amount wit interest was 5k + and i couldnt afford to start the court proceedings.

 

So in a fashion i have informed them - obviously there are more charges since the last letters went to them.

 

Scort