bank trying to take me to court

[whiteshoes]

Hi all, I like many others have been waiting patiently for Lloyds TSB to stop squirmming and pay us back the bank charges that they owe us... but they are now trying through a debt recovery company(credit security limited) to take me to county court. when i was working (self employed) and the contract i was on finished i didnt cancel some d/d's that I had and ended up having charges on top of charges totaling £439. I was assured if I paid £5 off this ( about 18 month ago) that because bank charges were going through court to see if they were unfair or not then any further action would be put on hold. Now I have had a phone call off this debt recovery agency, so I told them to go back to the bank as this £434 was bank charges and so deemed by the high court to be unlawful. I have now recieved a letter threatening me with county court action unless i pay up. I find this totally confusing as Lloyds owe me approx £1800,but im not allowed to take them to court. Is this a good thing as if they take me to court i will then be able to turn this around and claim my bank charges back as it is the bank who have taken me to court over bank charges.....!!! tia john

[Curlyben]

Don't worry about Credit Security, these are simply threats with out any substance.
I bet it was Aylesbury county court as well
Even if they do file against you have a perfect counter claim for charges anyway..

As and when they call again simply tell them that you require everything in writing for the avoidance of doubt and that you are recording the call. Now they wont like this much but you are within your rights to say this. If you want you can always ask them to take you to court as it will save you some time and effort with your own reclaim and that you will include damages for harassment with reference to Furguson V British Gas..

[Glenn UK]

Re: bank trying to take me to court

You also need to act in good faith so when/if they do actually try to sue them you can show that you have been reasobale which will support your counter claim.

You should imho write back to them telling them that th debt is in dispute and for them to resort to the lender.

Doesnt have to be wordy, just a one liner, if you have any reference regarindg reclaiming the outstanding amount that would help.

incidentally you have informed the bank of your intent to reclaim the charges i take it? If you havent then you shold write to them formally disputing their claim adn informing them of your intents. if it is not formally dispuited then they will chase you and may try to sue you.

As much as you can make a counter claim, its work and hassle you could probalby do without.

JMHO

Glenn