Can They Do This ?

[santos ehelper]

Hi all,

 

Sent a CCA to my bank with regards to a credit card and not agreeing to ppi etc after falling 3 months behind with payments due to difficult change in circumstances etc.

 

After going over the 12 + 2 and entering into default they then stole £120 straight from my current account as a payment and so left me short to pay standing order etc which was to them anyway for an insurance premiun.

 

I know all about the rights of appropriation etc but does this still allow them to act unlawfully when the c/c account is in dispute or are they just taking the p#ss and hoping I wont question it.

 

Any advice would be welcome,

 

Regards

 

Santos

[sequenci]

It is not very nice when this happens. The fact they took the money after the 12+2 days certainly raises my eyebrow. I think it is important to consider opening a new "safe" bank account to stop things like this happening again.

 

Have you spoken to them about this?

[santos ehelper]

Hi Seqenci

 

I haven't spoken to them yet, I thought it better to get a few opinions from the wise folk on here before I contact them, just so that when I go in all guns blazing at least I know there will be some bullets in the guns

 

Regards

 

Santos

[sequenci]

That is very wise. Well here are my 2 cents….

They should have not taken the money as there is a default in place due to them not furnishing you with your requested info ; This means that they are not supposed to continue with trying to chase for payment until they can supply the info and have indeed supplied it to you. This action has also breached s2.8k of the OFT’s guidance on Debt Collection which states something along the lines of “ It is an unfair practice for a creditor to continue chasing a debt whilst there is a reasonable dispute in place “. This action would certainly be a reasonable ground for you to consider a complaint to the OFT, you could question their fitness to hold a consumer credit licence. You could also raise this with the folks at the FOS. I would also imagine it could be argued that this action contravenes the fact that they should act in a reasonable and fair manner as they subscribe to the banking code (I think it is section 14 which deals with those in financial difficulties etc). I strongly suggest that you consider moving to a safe account, that way no one can take your money without your say so.

[rory32]

Just some more info. The Consumer Credit Act states:

 

Section 78(6)

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement

 

Section 78(1) is obviously the supplying of the agreement.

[santos ehelper]

Thanks for that Sequenci,

 

I have just applied over the phone for a basic bank account with an "ethical bank" which I hope will be accepted, then I can "take control of my finances" ( just read the excellent advice offered by bookworm) and soon I will be in control not them.

 

Thanks for the legal sounding stuff. It always sounds better when you start telling people about rights you have so as to let them know that you have been informed of your rights etc.

 

Regards

 

Santos

[santos ehelper]

Cheers Rory,

 

I will add that to my ammunition box as well.

 

Regards

 

Santos