Default Query re: Bank Charges

[Buzz]

Hi All,

I have searched the site and even tried googling to get a definitive answer to something that I think is affecting many people at present.
(If it has been answered elsewhere, please be gentle with me cos I'm poorly )
Anyway, to the point ...

I stopped using a nationwide account as I was about to incur fees

Because a direct debit was unsuccessful, they took £30 which then took me into overdraft and then accumulated on a monthly basis to a balance presently about -£300.

The full "debt" is made entirely of fees. The collections dept. were ringing up to 3 times a day until I eventually told them not to call anymore.

I checked my experian report and they have shown a default of [8] which I assume is 8 months arrears.

As the debt is made up entirely of fees, can they still show a default as I have not physically had the money - it is all fees. ?


Cheers,

Buzz

[stevokenevo]

Re: Default Query re: Bank Charges

i can comment on part of your question

[8] is not 8 months in arrears but simply signifies you have defaulted on your agreement

[Mochamoo]

Re: Default Query re: Bank Charges

I have a similar issue with Abbey (They just gave me a 6) I'm not really sure what to do about it right now but to be honest I have defaults left right and centre so a 6 isn't all that bad

Send them this letter (courtesy of CB x) to stop the collection activity for now x

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.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

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 BLAH