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Help & advice needed re: Abbey & DCA


julielouise
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Hi there! Can anyone advise me or point me in the right direction if this has been covered before? I had a current account with Abbey which was referred to a debt collection agency when I was unable to pay the overdraft of £1200 off. (It was in excess of £3k but I managed to get it down to this figure). I began to get into financial difficulties in 1999 due to a change in personal circumstances. This resulted in having bank charges applied to the account on a monthly basis. I remember the days of having to go into branch and ask for a couple of hundred quid from my salary to pay bills etc. each month (humiliation factor 50!!!) Abbey have now sold this onto a DCA who have said they are going to take me to court for the outstanding amount. I have responded by stating that I am in the process of obtaining information i.e., what this amount is made up of, from Abbey regarding this amount outstanding (I would estimate that I was charged in excess of £3k in charges from 1999 until it was sold on), however, they have not taken any notice of my letter and have repeated that they are now taking me to court. I am frantically trying to obtain details of charges from Abbey via a SAR so I can hopefully begin to claim these charges back. Is there anything else I can do to stall the DCA or if they take me to court do I defend their claim by stating that the amount outstanding is made up of unlawful penalty charges? Could I ask the DCA for information they have re: the amount outstanding via a SAR? Another problem is I have a feeling a fair chunk of these charges were applied more than 6 years ago........ All help & advice appreciated.

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In the first place, CCA request the DCA. If nothing else it will buy you a little time and might have the added bonus of them not being able to produce. The CCA request letter can be found here:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Ammend to suit, enclose a PO for £1 and make sure it goes by recorded delivery. From the day after delivery they have 12 working days to produce, then they are in default of the request and can take no action until they produce an acceptable copy of the original agreeement. If they remain in default for 1 calendar month they have committed an offence for which they can be reported and fined upto £2500.00 which gives you quite some bargaining power! If they admit they can't provide then no offence is committed but... they need the original agreement in court to enforce.

 

Also, when was the last payment made on this account...?

I'm thinking the Limitation Act 1980 here...

 

Good luck with it!:)

 

Best regards, Dave.

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Guest Big Lash

Sorry to throw a spanner in the works (and correct me if I'm wrong), but I dont think the CCA route will work with a current account (sections 77-78 are for fixed loans and credit cards).

 

Nothing to stop you sending the request though, as it may buy you some time at least.

 

I would write to the DCA (Moorcroft by any chance?) and tell them that the debt is in dispute, explain what steps you are taking, and suggest that they do not persue you until its resolved. They may/may not take any notice, but its my view that any judge would take a dim view of a DCA for persuing a disputed debt through the courts.

 

As to the six years, it has long been the feeling that 6 years is the maximum you could claim your charges back (thats the time the banks have to keep your records), however, its not strongly believed that this statute no longer applies as they have 'decieved' us into thinking their charges were fair, when in fact their not (by law). I will find a link for you to investigate that further.

 

BL

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Guest Big Lash

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

 

 

just to go back to the dca and court. The respopnsibility would be for you to show the debt is unlawful, (you will have plenty of claims to quote from here), but by the same token the dca would not get a hearing any time soon, so its important you get your claim going ASAP in order to get this issue resolved, inyour favour, before the dca can get their act together

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Thanks BL - It's not Moorcroft but Credit Security Ltd who are based in Aylesbury. I've already written to them to say this amount is in dispute with Abbey - I've told them what I've done i.e. sent SAR to Abbey in order to try to resolve this matter so all I can do is hope that they give me more time. Thought about sending SAR to them - surely they'll have details of how the debt was accumulated?

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