Adding Interest On A Disputed Account

[storm]

Nat West made a claim against me about 2 years ago which dragged on for about 18 months

 

Eventually they discontinued it so therefore I won

 

I wrote to them requesting that the balance be wiped clean and any defaults removed, and received a reply saying they would not do this

 

This reply did not particularly surprise me, but to my horror they have added about 4k on the amount since the court case and laughably say 'they have no record of me disputing the account'

 

I cannot believe they are allowed to do this, any suggestions on what to to?

[pt2537]

right, what was the claim for? was it a loan, credit card ?

 

it would be helpfull to know, also how did you put the account in to dispute? was it via a cca request.

 

it would be helpfull to have a little more info

 

Regards

paul

[storm]

They made a claim via the county court under the guise 'various monies owed', and I put it in dispute via a cca

 

Really that is about the size of it as they never produced any documents. It managed to drag on for the best part of a year with them coming up with various excuses for not producing it and constantly asking for stays.

 

Eventually I managed to get a hearing, and 24 hours before the hearing they discontinued the claim.

 

I themn wrote to them requesting that any outstanding balances they seemed to think I owed be removed and any default notices also removed.

 

They sent be about 2 or 3 letters saying they were looking into it and then after about 6 months gave me an answer.

 

Not only were they not going to remove any balances, they are continuing to add interest on the original amount , and as I said laughably claiming I have never disputed the amount

 

Can't imagine a court will let them claim again, so can't think what their game is, and more to the point should they be doing it?(adding interest still)

[pt2537]

ok, so was it a loan you had or a credit card

 

if it was either, failure to comply with a cca request would mean they are not able to add charges while in default of your cca request

 

i would suggest a call to your local trading standards they would be interested i would think

 

Regards

paul

[tomterm8]

if it was either, failure to comply with a cca request would mean they are not able to add charges while in default of your cca request

 

Paul,I know people do say that a lot on the site, but I have never been clear as to the legal basis of such a statement.

[pt2537]

Hi tom

 

my understanding of the CCA 1974 is that when the debt becomes unenforcable by the lenders failure under 77/78 they cannot take any enforcement action, now i have been advised by my tutor that this not only covers Court action but however adding charges.

 

my tutors reasoning was that the right to add charges and interest would come from the provisions of the contract ie the regulated agreement. in the abscence of the regulated agreement what basis would a lender have to administer charges

 

Also, the oft consider it unfair to add charges to an account in dispute.

 

thats my reasoning behind the statement

 

Oh hows the reading going

 

regards

paul

[sequenci]

I was alwasy under the belief if that there is no proveable contractual provision to add the charges and interest then they cannot be added. Where statutory interest comes in to play is another story.

[storm]

Thanks for the replies

 

At most I feel it is unethical to keep adding charges, particularly as they have already tried and failed to enforce it via the court route

 

After all what is to stop a lender dragging out finding an agreement for ages, in order to be able to keep adding interest/charges before any hearing