Chris_w Vs First National

[Chris_w]

Can anyone help

 

I recieved a letter from First Naional saying i was £8.40 in arrears and to make payment. so i phoned the number and explained I wished to make arrears payment to bring account upto date. I was then informed that the credit agreement finished in Jan this year and the outstanding ballance of £410.00 was due now. I questioned this and asked if the credit agreement finished in Jan how can there be £410 owing on the account. i was then informed that this amount was due to charges applied to the account. I said I am unable to pay. they said if I want to arrange payments then i will be contacted by there debt recovery dept. i recieved letter asking for all my income and outgoing's details. I dispute the outstanding balance due to it being made up completely of charges but, how do I reclaim somthing that I hav'nt paid

[Chris_w]

Can anyone help

 

I've just posted a cca request to buy some time.

[Chris_w]

Will someone please give me some advice

[elliejay39]

Hi Chris,

 

I'm no expert but would also do a SAR and then go through the claiming procedure to write off the overdue balance (you may also get some interest if some of the charges are old and you have to go to court!) I would also send a letter of dispute (I think theres a template on here somewhere but if not let me know and I'll PM you one I used recently) Watch out for a default as they may ignore the dispute letter and do it anyway and then you will need to add the paragraph to your prelim, LBA, court claim etc. If they pass to DCA (which again they shouldn't as you are disputing the debt) a telephone call + follow up letter to the DCA should help.

HTH and good luck.

 

Ellie

[sanddancer]

Contact the recovery Dept. Point out that you acknowledge the £8.40 but the remainder is unlawful penalty charges which you will dispute in a court of law. Also send a SAR...

[Chris_w]

Thank you for your reply you've given me some good advice. I was able to pay the £8.40 so the only outstanding debt is all made up of charges. I have looked in all the templates and related posts and I can't find a letter of dipute anywhere could you please pm me yours. i will then write to them as you suggested. once again thank's.

[Chris_w]

Thanks Ellie for this template. I hope you dont mind me posting it, as I think it may be usefull to others who may be following this thread.

Name & address of bank

 

 

date

 

Dear Sir or Madam,

 

ACCOUNT NUMBER: *********

 

I am writing with regards to the outstanding debt I have with (your bank)

After new information has come to light regarding bank charges, the debt is now in dispute as it is my opinion that this outstanding debt is made up of unlawful charges. These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

 

Currently the debt stands at approximately £**** and upon resolution of the issue concerning charges the refunded sum will be paid direct to this account in an attempt to clear the amount due. If, upon resolution, there is still an outstanding balance I shall then enter into an agreement to repay the debt.

 

(your bank) will be receiving a letter requesting a full refund for all charges incurred. Should you not honour this request within the allotted timescale the dispute will be taken to court.

 

I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes:

 

• Ignoring disputes about whether money is owed
  
• Refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours faithfully