If your bank start chasing you for disputed overdraft following the judgment....

[Amethyst]

Dear Sir or Madam,

ACCOUNT NUMBER: xxxxxxxxxxx

I am writing with regards to the alleged outstanding debt owing on my account. You will be aware that I consider the debt to be in dispute as the majority/whole of this sum is made up of disputed charges and interest charged thereon.

I dispute that these charges are lawful under the Unfair Terms in Consumer Contracts 1999 and I previously notified you of this in my letter dated XX/XX/XXXX.

In your letter dated xx/xx/xxxx you have informed me the amount outstanding on the account is £xxxx.xx . The amount I calculate you have taken in unlawful charges and interest on those charges is £xxxx.xx. In addition I am claiming from you a sum of compensatory interest equal to 8% per annum which brings the total disputed amount to £xxxx.xx .

I have no intention of reneging on any part of this account which may be legitimately incurred debt. As a gesture of goodwill, and without accepting liability for this debt, I propose that you accept an interim repayment plan. and that you place a hold on further charges and interest being added to the account.

I propose I make payments to you of £xx per calendar month, the first payment is enclosed, until such time as the dispute is resolved. Once this dispute has been resolved, if in my favour, you will continue processing my complaint, and if in your favour we will review repayment arrangements for the alleged debt. To be clear I currently dispute whether this sum or any is actually owed to your company and I am simply offering a reasonable solution in the interim whilst the dispute is considered.

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 and 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 Sincerely



Your Name

[catinahat]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Thanks Ame,

this helps a lot. What would you advise where the whole sum that the bank claims is owed, has been passed over to a debt collection agency? xxx
PS I'm thinking the debt collection agency are gonna shrug their shouders and say 'Hey, not our problem... nowt to do with us... you owe us this money now...' ??
Catxxx

[Luminol]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Your in same position as me , I am just waiting to see what the Bank says, if the DCA contacts me before then, I'll say its still in dispute, because it is..

I'll be posting up any letters I get, to get the Beagles opinion, and crossing bridges as I get to them..Hope that helps.

Lumi x

[catinahat]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Hi Luminol,
They actually knocked on my door within 4 hours of the ruling!! I didn't exactly 'deal' with him to be honest... I pretended to be my sister...:-0 in retrospect, possibly not such a bad call as I may have been pressed into doing something that wasn't in my best interests... it was way too soon after the news broke and I was still reeling from that... not sure wot to do if/when he calls again though... CatXXX

[stevokenevo]

Re: If your bank start chasing you for disputed overdraft following the judgment....

I pretended to be my sister...:-0

So despite the fact you are a 6'4, 19 stone, bearded lumberjack, they actually believed you are a women? just goes to show the level of intelligence these clowns have :rofl:

[charitynjw]

Re: If your bank start chasing you for disputed overdraft following the judgment....

That's my GF you're talking about!!

cnjw

[catinahat]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Hahaha, yup, go figure eh...?! Despite the fact I'm 5ft 2 and half, I DID put on my deep voice (er... baritone?) blimey, don't ya think he was fooled then?? ;-) CatX

[Luminol]

Re: If your bank start chasing you for disputed overdraft following the judgment....

You know, no one has a right to visit you at your door Cat without an appointment, there's a letter somewhere stating the law behind this, only the postman can visit without your permission.

You could print off the letter and give it to him next time he comes.

Ill see if I can find the letter, but maybe someone else can get their hands on it quicker

Lumi x

[Sapphire]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Hiya you can send them this (with thanks to Cetelco), just adjust it to suit, its short, sweet and straight to the point.

Dear Sir/Madam

TAKE NOTICE

That any visit to the above property by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to attend or enter these premises will result in the arrest of the agent/person concerned for trespass.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully

[Curlyben]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Or the full on version

Account In Dispute

Dear Sir/Madam


Thank you for your letter of xx/xx/2007, informing me that I have not responded to your previous correspondence.

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some additional demands for payment from **DCA**, whilst in default of this request. Until such times as you are able to comply with my request however, no payments will be forthcoming to anyone.

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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 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 trust this clarifies your position and mine.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

[Luminol]

Re: If your bank start chasing you for disputed overdraft following the judgment....

See, you guys are great, hope that puts your mind to rest a bit Cat

[Curlyben]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Hi Luminol,
They actually knocked on my door within 4 hours of the ruling!! I didn't exactly 'deal' with him to be honest... I pretended to be my sister...:-0 in retrospect, possibly not such a bad call as I may have been pressed into doing something that wasn't in my best interests... it was way too soon after the news broke and I was still reeling from that... not sure wot to do if/when he calls again though... CatXXX

Who exactly came knocking for this ??
Was it the bank or the DCA as this sounds like a Scotcall job to me.

[catinahat]

Re: If your bank start chasing you for disputed overdraft following the judgment....

That's EXTREMELY useful to know, thank you so much! I had no idea at all that this was the case...!! CatXXX
------------------------------- merged -------------------------------
Hi,
it was a company called 'Moorcoft' who the bank referred my 'debt' onto. They are a debt collection agency. XXX
------------------------------- merged -------------------------------
Quote:Luminol's post.. See, you guys are great, hope that puts your mind to rest a bit Cat

Aren't they just!!! The best thing I've had happen in a long time is having the good fortune to spot Ame's post in MSE and find you guys;-)) Catxxx

[Curlyben]

Re: If your bank start chasing you for disputed overdraft following the judgment....

Have you fired off a Prove It to Moorcroft to see if they are actually entitled to collect on this debt ?

[Amethyst]

Re: If your bank start chasing you for disputed overdraft following the judgment....

this one Legal Beagles - View Single Post - ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters