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So ... My Bank is suing *Me* for unjustly levied charges


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This is what has happened so far:

 

I have a CC with *a bank* as well as a current account. The CC has been at the limit for ages and ages (£1k) I set up a Direct Debit to pay the minimum balance and destroyed the card (about 3 years ago) at that point the balance was about £1020.

 

The minimum payment I paid by DD was less than the interest + the default fee by about £8 or so. so each month the balance increased. This ****ed me off and I just kinda ignored it, until after about 3 years the balance hit £1,350. As I have some money now, and I had no idea of my legal rights regarding this, I phoned the bank and offered to settle the account in full for £1k, as I explained to them the amount was reasonable because the £350 was all default charges and if it hadn't been for the initial £20 then the balance would be much lower than the £1k I was offering. I was condescendingly told that that was not acceptable and I 'Should have read the terms and conditions'. This ****ed me off even more.

 

Then I recieved a letter from *A N Other Solicitors* threatening to take me to court if I didn't pay up the £1,350.

 

I thought I was going to have to pay and was moaning about *A N Other Bank* when My friend who has successfully claimed £2.5k from Halifax told me about the law and your site, so I registered to check it out and here I am.

 

I have submitted a Data protection act letter to * A N Other Bank* regarding charges on my current and credit card account and was about to send the solicitors a letter but I was wondering what you would advise I should do?

 

 

 

Thanks for your time

 

PS. If it matters I am more than prepared to take this all the way I can, and I'm perfectly happy to go to court, especially if it can get some press and help other people who are getting screwed by banks like this. I offered them a more than reasonable £1,000 and they declined it, I'd like to make them regret that, not just for the money, but for the principle

 

PPS i've removed the name of my bank in case they are monitoring this site, whats the policy regarding this?

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Where your debt is comprised wholly or substantially of charges, possibly the best thing which could happen would be for them to take you to court.

When they are the claimant they are required to prove their case and this means that if you raised the issue of bank charges as your defence, they would be required to disclose their costings to show that their charges were enforceable. Of course they would not want to do this but by that time they will have walked into a trap of their own making. they would be obliged to withdraw the case and that would be the end of the matter.

 

We have pulled this trick in a few cases but I really don't think that the banks or their solicitors have cottoned on to the danger of suing for a bank debt. They really should be more cautious and investigate how the debt is caclulated. I suppose that they have had it their own way for far too long and they are over-confident.

 

In your position I would be tempted to say nothing to the solicitors. Just bide your time and wait for the information which you have requested. Make sure that your application is correctly submitted, that your cheque has been cashed. Chase up the information at 7 day intervals until you get it. the see how much you have paid out in charges and decide from there.

If you discover that there is some legitimate debt thenyou shold pay it off so that your "liability" is comprised of bank charges - then let them do their worst.

If you fnd that they owe you money then you will have to make a claim.

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