request for DPA Account now to be closed

[moonie]

thanks for the good advice sportbeth, it's much appreciated

[rogerebaker]

Same happened to me. C

 

code 13 ss 6 of the banking code states they cannot pass an account in dispute to a collections agency.

 

Once I informed them of that they took a few large backward steps

[moonie]

thanks rogerebaker, it looks like my next step is to send another letter to them, and go ahead with the court action.

[moonie]

Received an offer today of about 1/5th of our total claim.

[dinghy]

[GSMGuy]

Same happened to me. C

 

code 13 ss 6 of the banking code states they cannot pass an account in dispute to a collections agency.

 

Once I informed them of that they took a few large backward steps

 

Well worth remembering that bit of code...

 

Mike

[moonie]

I've tucked that little piece of info in with all the wealth of information i've gleaned from this site over the past couple of months

[moonie]

I filed my moneyclaim online today ... it's been a long time coming due to work/home/life/money commitments.

[moonie]

Barclays have acknowledged and Keith Jeremiah intends to defend.

[moonie]

ok help/advice needed.

 

The woolwich passed my dept onto a dca and even though I've written to both the Woolwich and the DCA and told them it's in dispute etc, the DCA have now passed this matter onto their solicitor who has written to me threatening to take me to court.

 

My court action against the Woolwich has been filed and they've acknowledged it (Keith Jeremiah defending in full).

 

What should I write back to the solicitor, any ideas anyone?

[Bookworm]

Yes.

 

Write back to him saying that as you have already filed against bank, they can not ignore sum is in dispute, and you advise him to ctc KJ direct to confirm if he doesn't believe you. State that any action they undertake will be vigorously defended by yourself, since it seems a clear case of intimidation and harassment, as they can not pretend they do not know of your impending court action. Remind the solicitor of the clear breach of the banking code as per above. Basically, push back harder. Keep us posted.

[moonie]

Thanks Bookworm .. ... much appreciated.

[moonie]

Quick update......I wrote to the DCA and informed them again, that this matter was in dispute, I included references to;

 

Code 13 ss 6 of the Banking Code, amounts cannot be claimed whilst in dispute.

and

Equally, may I refer you to the OFT’s Debt Collection Guidance,

Physical/psychological Harassment

Section 2.6 - Examples of unfair practices are as follows:

Ss h - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

Deceptive or Unfair Methods,

Section 2.8 Examples of unfair practices are as follows;

Ss i - failing to investigate and/or provide details as appropriate, when debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

Ss K - not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

In view of the above, and that you have already breached these guidelines please note that any further correspondence regarding this matter, other than confirming you have ceased in pursuing this matter whilst a dispute is in place, will result in a complaint to the appropriate regulating body.

Equally, any court action taken regarding this amount, or the filing of a default on my credit rating will be vigorously contested, with evidence to show that this matter is currently in dispute and that this has been communicated to you on 2 separate occasions.

Please pass this letter to your solicitor/legal department.

 

 

IT WORKED !

 

They wrote back confirming they will holdfire until they have more information.

 

If anyone else is in this same situation, Bookworm is right, push harder and you will get the results.

[moonie]

I've now received my defence from Barclays, could someone have a look through and tell me if i have anything to worry about?

 

 

 

1. It is admitted that the claimant has an account, number xxxxx, sort code xxxxx. To the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for retgurned cheques, paid referral fees, or any other such fees), it is admitted that such charges were debited from the Claimants account, however, the defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was opened, including (inparticular but without limitation) the following terms and conditions (which are summarised):

 

Wooolwich accounts

 

a. The defendant's right to charge administrative costs if any cheque, standing order or direct debit cannot be paid because of lack of cleared funds in the account - £30 per item (previously £27.50)

 

b. The defendant's right to charge administrative costs if the Defendant was compelled to pay any items which caused the account to be overdrawn - £30 per item (previously £27.50)

 

c. The defendants right to charge unauthorised overdraft fees - £3 per day

 

d. The defendant's entitlement to refuse any debit transaction or debit card transaction where there were insufficient cleared funds in the account and to debit from the claimants account any charges, interest or other money which became payable by the claimant to the defendant in relation to the account.

 

e. The defendants entitlement, if the claimant went overdrawn without an overdraft limit or exceeded his overdraft limit, to charge interest at the unatuthorised borrowing rate on the excess balance.

 

f. The defendants entitlement, if a cheque or other item paid to the account was returned unpaid, to debit the account with the amount of that item together with any interest paid by the defendant on it.

 

3. The Defendant's standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit).

 

4. If and to the extent it is the Claimants case that the failure to make necessary payments and/or failure to arrange an authorised overdraft consitituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account consitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his account and were consideration for the defendant advancing credit to the claimant, which the defnedant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.

 

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges consitute unlawful penalty charges or are in breach of the Unfair Terms in consumer Contracts Regulations 1999 (particularly but without limitation to, paragragh 1(e) of Schedule 2, or are in breach of s.4 of the Unfair (contracts) terms act 1977, or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

 

6. Therefore, it is denied that the charges were unlawfully debited from the account.

 

7. If and to the extent the claimant incurred charges on his account, this was caused by the claimant have gone into overdraft without having agreed with the defendant an authorised overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

 

8. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

 

9. The defendant denies that it is liable to the cliamant for the sums claimed and interest as pleaded by the claimant or at all.

 

 

It all looks pretty long winded, but standard to me .... but I might be missing something important.

 

Thanks guys

[moonie]

So, is it ok, anyone know? Does anyone care? Am I alone? Where is everybody? Where am I ? Who are you?

 

ANYONE ?!?!? SOMEONE ?!?!

[essjaysea]

I cant see anything in their defence that is much different from all the others I have read, so I shouldn't worry.

 

I received their defence yesterday (see SJC v Woolwich). Believe me, they are just going through the motions - they have no intention of defending the case in Court, but they have to look as if they are treating the matter seriously, otherwise the Courts would, in all probability, just throw the cases out and enter judgment for the Claimants. They are simply playing a waiting game in the hope that we will all settle for less; lets face it, by the very nature of the claims we are all making, most of us could do with the money!! They realise this, and by spinning things out as long as possible, they calculate that we will settle for less, just to get the matter resolved.

 

If they thought that their defence was solid, there is no way on earth that they would have made the 50% (or less) offers in their first reponses to the preliminary letters we sent.

 

If you can afford to hang on, my advice would be to settle for no less than 100%, including interest and costs. I have no doubt that they will concede eventually.

 

Good luck!!!

[morgan054]

Hi Moonie, Relax, Deep breath, looks like the standard defence as I've read previously on someone elses thread, i'm sure some one of more experience will reply in due course, spend some quality time reading related posts and you will find references to people in the same situ as you and discover similar defence letters. Hope this helps you

[moonie]

Thanks for taking the time to look and respond. Sometimes it's just nice to get someone else's opinion, just in case I've overlooked something. A fresh pair of eyes is always welcomed.

 

I shall now fill out my AQ.

[Bookworm]

Yep, exact copy of mine. Except mine finished 1/2 way through a sentence, lol.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/5035-bookworm-barclays-2.html

 

"strict proof of charges". If you haven't yet, make sure you send a schedule of charges to the bank, include a copy in your AQ.

 

Section G of your AQ: "I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

 

Send a photocopy of your completed AQ to KJ at the same time as the schedule of charges, so he knows you are asking for disclosure.

 

Then, sit back and wait for a court date.

[moonie]

OK following Bookworms advice .. AQ returned to court with Section G filled in and a copy of my charges on 17/8/06

 

Copy of AQ sent to Barclays with attached list of charges 18/8/06.

 

I'm now going to put together the documents for court so everything is prepared and ready to send in good time.

[darth_peanut]

ok if i need to send a dpa letter, whats the address i send it to please guys???

[moonie]

I've received an order from the Judge asking why he should issue disclosure in this case and what documents or class of documents do I wish to see. Once he gets these he'll consider whether to allow it.

 

I REALLY want him to do it .. so I need someone's help.

 

If anyone has any idea how I respond to this request I'd be grateful. I've had a look through loads of threads, but as the forum is growing it's becoming increasingly hard to put my finger on the relevant information.

 

Response needed by 12th September.

[essjaysea]

My suggestion would be to ask the Judge to order the defendants to provide a detailed schedule of costs that they have incurred as a result of your breach of the terms and conditions of the account, so that the Court can assess whether or not the penalty charges are lawful.

[moonie]

Thanks essjaysea I appreciate your advice.

 

It seems that as this forum grows bigger the help and advice is being spread ever thinner and finding information relevant to what you need is like looking for a needle in a haystack.

 

It's beginning to seem that the further I go with my claim, the more alone I feel.

[austenpowers]

Moonie, I'm afraid I can't offer you any advice as you are a few weeks ahead of me, but I want you to know that I am here supporting you and hoping you get a speedy settlement. I know exactly what you are saying about the forum as I have asked a couple of questions lately and they have gone unanswered, but it doesn't mean you are alone. There are plenty of us out here rooting for you.

 

Have you replied to the Judge's Order, or are you still needing help? I was going to suggest maybe send a PM to Bookworm as they seem to be extremely knowledgeable when it comes to the legalities?