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Now the test case is over and the banks have, according to them, won, they are beginning to lift the hold on peoples accounts where debt was in dispute due to overdraft charge complaints, and recommence chasing you for the money.
If you had a payout, on hardship grounds or as a goodwill gesture, and it was sent directly to you yet you didn't use it (or any other means) to clear your debt/overdraft with the bank, then you do still have that debt with the bank. They are not reclaiming the payment they made to you back they are simply chasing the, now undisputed, debt.
Whilst it was on hold and in dispute by virtue of your complaint about charges they shouldnt really have added further interest and charges to that debt.
If you are continuing in your claim (and you need to do a lot of reading of this forum to decide if you are going to carry on or not) then the account is still considered in dispute and you need to tell the bank that.
If you are cutting your losses and withdrawing your claim/complaint then you need to look at sorting out this debt to the bank.
If you are continuing in your claim you can write to them with something like this.
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
Or if you are not continuing with your claim something like....
enclosing your up to date income and expenditure form
If you had a payout, on hardship grounds or as a goodwill gesture, and it was sent directly to you yet you didn't use it (or any other means) to clear your debt/overdraft with the bank, then you do still have that debt with the bank. They are not reclaiming the payment they made to you back they are simply chasing the, now undisputed, debt.
Whilst it was on hold and in dispute by virtue of your complaint about charges they shouldnt really have added further interest and charges to that debt.
If you are continuing in your claim (and you need to do a lot of reading of this forum to decide if you are going to carry on or not) then the account is still considered in dispute and you need to tell the bank that.
If you are cutting your losses and withdrawing your claim/complaint then you need to look at sorting out this debt to the bank.
If you are continuing in your claim you can write to them with something like this.
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
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 previously considered the debt to be in dispute as the majority/whole of this sum is made up of disputed charges and interest charged thereon. You agreed with this and placed my account on hold during the OFT v Abbey & Ors Test Case.
Following the November judgment handed down in the Supreme Court, I have now withdrawn my complaint/claim against the bank for these charges. However, I do still consider the charges to have been unfair and a large contributory factor to my current financial situation.
In your letter dated xx/xx/xxxx you have informed me the amount outstanding on the account is £xxxx.xx .
I have no intention of reneging on any part of this account which may be legitimately incurred debt. I propose that you accept an interim repayment plan and, in deference to my current financial situation that you continue to place a hold on further charges and interest being added to the account to enable repayment to be made as quickly as is possible.
I propose I make payments to you of £xx per calendar month, the first payment is enclosed, until such time as my circumstances improve and I am able to discuss this further with you or the entire debt is repaid. I am currently only able to afford to pay you this amount and I have enclosed my current income and expenditure statement for your reference.
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 would also like to draw your attention to the Lending Code Section 9 and Section 5.
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
ACCOUNT NUMBER: xxxxxxxxxxx
I am writing with regards to the alleged outstanding debt owing on my account. You will be aware that I previously considered the debt to be in dispute as the majority/whole of this sum is made up of disputed charges and interest charged thereon. You agreed with this and placed my account on hold during the OFT v Abbey & Ors Test Case.
Following the November judgment handed down in the Supreme Court, I have now withdrawn my complaint/claim against the bank for these charges. However, I do still consider the charges to have been unfair and a large contributory factor to my current financial situation.
In your letter dated xx/xx/xxxx you have informed me the amount outstanding on the account is £xxxx.xx .
I have no intention of reneging on any part of this account which may be legitimately incurred debt. I propose that you accept an interim repayment plan and, in deference to my current financial situation that you continue to place a hold on further charges and interest being added to the account to enable repayment to be made as quickly as is possible.
I propose I make payments to you of £xx per calendar month, the first payment is enclosed, until such time as my circumstances improve and I am able to discuss this further with you or the entire debt is repaid. I am currently only able to afford to pay you this amount and I have enclosed my current income and expenditure statement for your reference.
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 would also like to draw your attention to the Lending Code Section 9 and Section 5.
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
