Unenforceable Overdrafts - CCA Information

[benadabec]

Re: Overdrafts - CCA Information

[QUOTE=SaltnVinegar;262060]Have you got married/changed your name since the alleged agreement may have been signed (or not as the case may be)[/QUOTE]

No, nothing has changed in the 20 odd years since opening the account, apart from changing numerous addresses.



[QUOTE=cymruambyth;262063]In this situation I tend to do a totally wrong signature![/QUOTE]

I thought that, but I'm sure they'd reply with the 'your signature doesn't match our records' bull!

[cymruambyth]

Re: Overdrafts - CCA Information

In this situation I tend to do a totally wrong signature!

[SaltnVinegar]

Re: Overdrafts - CCA Information

[QUOTE=benadabec;262053]Moorcroft keep coming back saying that Barclays require all credit agreement requests to be hand signed and nothing will be processed without it.

I'm sending them the Signature Request - Formal Response letter now. I can see them just replying with the same response as above and after that they'll go back to the threatening letters. This is getting pretty frustrating now, they're hanging on to this like a dog with a bone and we keep going round in circles :nohair[/QUOTE]

Have you got married/changed your name since the alleged agreement may have been signed (or not as the case may be)

[benadabec]

Re: Overdrafts - CCA Information

Moorcroft keep coming back saying that Barclays require all credit agreement requests to be hand signed and nothing will be processed without it.

I'm sending them the Signature Request - Formal Response letter now. I can see them just replying with the same response as above and after that they'll go back to the threatening letters. This is getting pretty frustrating now, they're hanging on to this like a dog with a bone and we keep going round in circles :nohair

[benadabec]

Re: Overdrafts - CCA Information

[QUOTE=benadabec;219431]Just received a response from Moorcroft regarding the overdraft credit agreement request. Barclays have stated that "in order to ensure that your data remains protected, all credit agreement requests must be hand-signed".

So Moorcroft have asked that I resend the signed request letter as soon as possible so they can action the request.

I know there's a regular CCA signature request letter but is there one for O/D's?[/QUOTE]


Following up from Moorcroft's letter of a few months back, I sent back the Signature by Creditor letter. Moorcroft replied saying they were passing this on to their client. After a prolonged silence, Moorcroft wrote a couple of days ago, repeating that Barclays requires a signature to complete any requests. Days later, Moorcroft have written again with a Possible Further Action letter which goes on to say unless full payment is received by 24th November, they will recommend further debt recovery is taken.

At this point I guess I should send the response part, pointing out the part they seem to have forgotten - that the info I requested still hasn't been sent or received?

[gravytrain]

Re: Overdrafts - CCA Information

Feb 2011, for the main (pre arranged overdraft)requirements, although the requirements for information on a defauled overdraft under section 74b would apply to existing agreements i think

[Riz]

Re: Overdrafts - CCA Information

Is section 1.2 of this any help? Pre-dates the EU CCD.

I would note that the OFT have withdrawn that document from their website now, as it's out of date etc. So anyone looking please do consider it an any way current.

[springonion]

Re: Overdrafts - CCA Information

The Eu directive doesn't apply to overdrafts opened before Feb? 2010 though does it?

[gravytrain]

Re: Overdrafts - CCA Information

I have a couple of observations regarding the template letter, i hope I am not being out of line.

The way I understand it an authorized overdraft must comply with the signing of agreements in 61(1)under the EU directive, in other words contain the same terms as an ordinary running credit agreement.

“Duty to supply copy of overdraft agreement
61B.—(1) Where an authorised business overdraft agreement or an authorised nonbusiness overdraft agreement has been made, a document containing the terms of theagreement must be given to the debtor.
(2) The creditor must provide the document referred to in [B][U]subsection (1)[/U][/B] to the debtor before or at the time the agreement is made unless—

Section 74A etc contain the terms that must be given on a account overdraft(one that is not specifically agreed(tacit agreement)).

Also section 40 of the administration of justice act was supplanted by Section 13 of CPUTR

Administration of Justice Act 1970

13. In section 40 of the Administration of Justice Act 1970(1) (punishment for unlawful harassment of debtors), after subsection (3) insert—
“(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.”.

None of this means that the creditor should not comply with a request for a copy IMO it is just detail, and I could of course be wrong

[Undercover Elsa]

Re: Overdrafts - CCA Information

Had a "supposed" Letter before action on my Halifax OD, thread updated and moved to legal section [URL="http://forums.all-about-debt.co.uk/showthread.php?p=257431#post257431"][B][COLOR="Black"]here[/COLOR][/B][/URL]

For those not able to access it I've amalgamated Niddy's [B][COLOR="Black"][URL="http://forums.all-about-debt.co.uk/showpost.php?p=159430&postcount=64"]special response[/URL][/COLOR][/B] with Paul's [COLOR="Black"][B][URL="http://forums.all-about-debt.co.uk/showpost.php?p=252306&postcount=289"]response to a lame letter of claim[/URL][/B][/COLOR], plus details of the dispute.

Elsa x

[ken100464]

Re: Overdrafts - CCA Information

Magic

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=oldyboy;256385]I can only suppose it's their attempt at upping the so-called importance of their correspondence, by post-dating letters and sending it second class, making it look as if it's come first class.[/QUOTE]

I know they're not a million miles away from me but I still don't see how it could have got here on the day it was (supposedly) written.

[oldyboy]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;256360]
I was just thinking that this has probably crossed in the post with the "Account sold in dispute" letter I sent them but when I checked the date on the letter from Robinson Way it's today's date. Royal Mail have excelled themselves there! :lol[/QUOTE]


I can only suppose it's their attempt at upping the so-called importance of their correspondence, by post-dating letters and sending it second class, making it look as if it's come first class.

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;253100]Letter from Robbers way this morning (sent in an envelope with the same Salford return address as the LTSB one yesterday...supposedly from Scotland :lol)

Just the usual threats: pay in full, if you can't call us immediately to arrange a payment plan or we may advise their client to start court action etc (insert yawning smiley).

Bless them, they're concerned that the account may continue to be a worry for me...:hmm think again! :lol[/QUOTE]

Letter from Robinson Way offering me a payment plan...far more than the monthly payment I was making before.

It ends with "If an affordable payment plan is not agreed with you, I will have no alternative but to pass your account for further action. Once your account leaves my hands there will be little more I can do to help you."

Is this their "sympathetic" alternative to threatening letters in big red capitals?

I was just thinking that this has probably crossed in the post with the "Account sold in dispute" letter I sent them but when I checked the date on the letter from Robinson Way it's today's date. Royal Mail have excelled themselves there! :lol

[springonion]

Re: Overdrafts - CCA Information

Can anyone advise on the following re overdrafts.

My od which I'm being sued for, was opened in 2003 - my understanding is that The Consumer Credit (EU Directive) 2010 doesn't apply to my case.

Accordingly the DCA have stated there is no agreement and that overdrafts were exempt from Part V and also the regulations regarding defaults.

However, having re read the act I noticed the following clause under
74) Exclusion of certain agreements from Part V

(4)If any term of an agreement falling within subsection (1)(b) or (c) or (2) is expressed in writing, regulations under section 60(1) shall apply to that term (subject to section 60(3)) as if the agreement were a regulated agreement not falling within subsection (1)(b) or (c) or (2.

Now, I have the original opening letter from the original lender which states some terms and conditions. My question is does the opening letter fall under clause 4 above and thus make the terms included within regulated?

Hope that makes sense.