Wescott

[GLoyal]

Well after going to the FOS and appealing through hardship, I am back to square one.

 

I have two claims lodged with HBOS for over £7500 in unfair charges.

I have two overdrafts with them totalling £2500 which I have refused to pay and moved banks.

 

HBOS were passing the overdrafts to various debt collection agencies which I called and informed them that the amount was being debated and this debt should not have been passed on by the bank. This usually resulted in the bank passing the debt to another agency and the cycle repeating itself.

 

Well after the FOS got involved they agreed that the bank would put debt collection on hold untill the Supreme court case was over. This has now happened but rather than hearing anything from the bank, the first letter I recieved yesterday was from Wescott DCA demanding £1600 for one of my overdrafts.

 

Where do I stand on this?

What will be their procedure?

Should the bank have passed the debt on without informing me first?

Should I resubmit a request for the unfair charges and inform the DCA that it is under dispute?

 

Thanks

Edited December 4, 2009 by GLoyal

[GLoyal]

Is this in the wrong section?

[maroondevo52]

Thread moved.

[GLoyal]

Thanks

[vjohn82]

Resubmit the unfair charges on the overdraft account dispute. We suspected they might do this... you need to either look at redrafting based on clause 5, as per the sticky, or wait until this hotshot QC gets his fingers on it.

[GLoyal]

This was my initial letter. Should I contact Wecott and let them know it's under dispute and I will be reclaiming my unfair charges?

Thanks

 

I wrote to you on 25th of June, 2007, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response. I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

I refer to default charges applied to my account amounting to £****** , which I have requested you pay back.

The charges total £******,plus as I believe I have been unlawfully deprived of the money I have calculated £******* interest at the statutory rate.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs,

I have attached a full schedule of the charges and interest with this document.

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money. I will be pursuing this as a hardship case and hope this will be treated with the utmost urgency

Yours faithfully,

[maroondevo52]

Hi,

 

You could edit this to suit..............

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Regards.

 

Scott.

[GLoyal]

Thanks.

I've edited it. How does this read?

This should go to the DCA, Is that correct?

Should I wait for the new templates to reclaim from the bank?

 

Thank you for your letter of the contents of which are noted.

 

 

I am disputing the total value of these debts with the Bank of Scotland due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the recent Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

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

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Regards.

[maroondevo52]

Hi,

 

Looks ok, yes, send that to the DCA.

We should have the new Templates shortly.

[GLoyal]

I'll send that one off then.

Thanks

[PGH7447]

so the banks are moving pretty quick now they think they have won then, pity we cant get the FSA to put a waiver in for the consumer

[GLoyal]

***Update***

 

Sent the previous letter off to Wescot, recorded delivery.

 

Recieved this yesterday from the Bank. Made me laugh.......nearly.

 

Should I contact the bank and offer to pay £5 a month on each overdraft to keep the debt with them?

Or would it be best to hold off till the new templates for reclaiming are available?

 

Thanks

[UnmoderatetheNet]

so the banks are moving pretty quick now they think they have won then, pity we cant get the FSA to put a waiver in for the consumer

 

Yeh westcrap have been given the baton for a lot of HBOS debts,they seem to have done a blanket mailing.

 

The above advice about dispute is excellent stuff and should slow them down as will letters to the OC and OFT.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/226753-complaint-about-halifax-new.html

 

Problem is this kind of pond life is going to start down the court route and we need a better ammunition for these reptiles chasing unfair charges.

[GLoyal]

I don't want to give them a single penny.

But if paying a nominal sum to each account would stop the debt being sold on till we know where we stand on bank charges I would do that.

I have over 7k in charges on my old accounts. I'd hate those (w)bankers to get away with that AND my taxes.

 

I've moved to the Nationwide and now do not have an overdraft, cheque book or switch card. It is mildly inconvenient to start with having to work with cash all the time, but no longer do I get tricked into charges.

 

I would advise anyone to get rid of switch/visa/cheques as once you bite the bullet it becomes second nature (again) to only spend what you have in your wallet.

[GLoyal]

Any news on the new templates for Bank Charges?

 

[UnmoderatetheNet]

Not that I'm aware but if you head over to the bank charges forum there is an interesting idea that interest on bank charges can still be claimed back, regardeless of court case.

 

Should make the bankers choke on there xmas bonus when those letters start hitting the PO Boxes

[GLoyal]

Cheers.

[GLoyal]

Not that I'm aware but if you head over to the bank charges forum there is an interesting idea that interest on bank charges can still be claimed back, regardeless of court case.

 

Should make the bankers choke on there xmas bonus when those letters start hitting the PO Boxes

 

 

Have you got a link to that?

I'm getting nervous that the '40% discount letter' from the Bank is a sneaky way of giving me notice to contact them before the 15th of December.

 

I want to send a letter to the bank explaining that I still believe the charges to be unfair and unjust and intend to pursue these fees through the court.

 

Just not sure how to word it.

 

Help!!!

Edited December 10, 2009 by GLoyal

[Bigdebtor]

GL

 

If it was me I would not fall for their ploy. Paying 40% is still much more than you need to pay if you were to get your charges and interest back. Hang on in there - and refuse to go through security with any DCA that rings - just quote the "harassment" letter at them. Don't hang up - let them pay for as long a call as they want to hang on for.

 

I think we will win out on the hint given by the supreme court.