DCA on my case due to overdrawn a/c

[pacluc27]

Can I start by saying, what a fantastic and informative forum this is. I have read the various draft letters to banks regarding excessive fees with great interest, and can only hope that one of you experienced fellows can point me in the right direction.
My motor dealership ceased trading in July 08. Although I was only a sole trader, the credit crunch saw sales fall away, and after 15 successful years trading, I was forced to close the doors. I have banked with the TSB for over 45 years, with the business account opened in 93. I had an agreed o/d facility of 5k. At the point I ceased trading I think the a/c balance was around
-4k. Try as I might, I did not find work for a whole year, and then only 2 days per week driving a van. In the first 12 months I survived by selling what little remained of the stock, and receiving a small amount of tax credits. My girlfriend has a part time job too. I was told there was no possibilty of any state benefits as I had been s/e. Obviously we have a mortgage, credit cards, a loan, and the usual"stuff" one gathers when the income to support it is available. Sadly there is now no spare money at all, with outgoings probably exceeding incomings. Consequently I have paid very little into the business account since I ceased trading. The bank stole a few hundred a couple of times, without notice, from my personal account, to reduce the business account balance, (which I might add, dropped me right in the poo), but that was some time ago now. The balance now stands at approx -£5.5k, and I have today received a letter from a DCA. In the light of the recent publicity regarding unfair charges, I am thinking...what have I to lose by making a claim, as I guess the charges on the business account could be a substantial chunk of the balance!
Apologies if I have waffled, I do sometimes.....but any sound advice would be so appreciated.

[Curlyben]

Re: DCA on my case due to overdrawn a/c

In short, yes, BUT while the test case is still ongoing claims are on hold.
That doesn't stop you getting the ball rolling and actually requesting statements and working out the overall value of the charges.

As for the DCA's throw this at them if they start getting heavy with you.

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Will keep them off your back.

SAVE it till they threaten court action

[pacluc27]

Re: DCA on my case due to overdrawn a/c

Thankyou Curlyben, most helpful!

regards Pacluc.

[WendyB]

Re: DCA on my case due to overdrawn a/c

As CB says, claims are on hold due to the OFT test case, but I thought that is only in respect of personal accounts, I think business accounts are different?. Will bump this up anyway so that someone can clarify the situation regarding business account claims?(Cos t's late and my brain isn't working properly!)