Unenforceable Overdrafts - CCA Information

[Pixie]

Re: Overdrafts - CCA Information

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

[cymruambyth]

Re: Overdrafts - CCA Information

I sent the sold in dispute to a few DCAs before it bounced back to ltsb

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Just let us know when the dca responds ;W

[kilasuit]

Re: Overdrafts - CCA Information

sounds like best option there pixie

[Pixie]

Re: Overdrafts - CCA Information

I've had a letter back from LTSB saying that, as we haven't agreed a suitable repayment plan, they've transferred the account to a dca...and they want me to contact them asap to arrange to pay back the outstanding balance.

Obviously, I'm not going to contact them but I'm not sure what to send when I hear from the dca. Do I just blag it and send "account sold in dispute"? I've never had the expected reply shown on page 1 of this thread.

[Pixie]

Re: Overdrafts - CCA Information

Just received a statement form LTSB showing the token payments I made and the closing balance.

I suppose I just wait and see what arrives next...only taken 3 months since I sent the cca request...

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;219664]As I didn't get any suggestions of how to proceed (even though I PMd Niddy...no reply :frown) I cobbled something together as I didn't want to just ignore it.

Let's see what Moorcroft/LloydsTSB send next...[/QUOTE] :confuse2 :confuse2

Sorry, you could have told me again or mentioned it in mod section! Good luck :luck

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=GANGSHIELD;219702]Is this letter still alright to use [/QUOTE] yep :beer

[The Tech Clerk]

Re: Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;159405]This new thread is a compilation of posts from around the forum recently that involves our continued discussions regards to overdrafts and their legality within the provision of the Consumer Credit Act.

This holding post (1) will eventually contain links and information regards the basic provisions and will also contain a CCA Request styled template and a couple of response letters that will need to be sent when the bank try and welch on their duties to respond as appropriate.

[B]Part 1 - The CCA Request[/B]

Ok, so the main thing - a type of CCA Request is necessary in order to get things going yet because this does not conform with usual s.77, s.78 & s.79 requests we [COLOR=Red]do not need to send the £1 payment[/COLOR] as we're kinda playing dumb at this point (as far as getting the original request over); the actual CCA Request for the Overdraft reads something like this:[INDENT] Dear Sirs,

[B]Ref: XXXXXXXX[/B]

Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with [[B][COLOR=DarkOrange]enter bank name here[/COLOR][/B]].

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;[INDENT][B]s.74A(2)[/B] The current account agreement must include the following information at the time it is made:[INDENT][B](a)[/B]the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
[B](b)[/B]any conditions applicable to that rate,
[B](c)[/B]any reference rate on which that rate is based,
[B](d)[/B]information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
[B](e)[/B]any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).[/INDENT][/INDENT]You should also be paying attention to s.74(B)(2) which reads, I quote;[INDENT][B]s.74B(2)[/B] The matters referred to in subsection (1) are:[INDENT][B](a)[/B]the fact that the current account is overdrawn or the overdraft limit has been exceeded,
[B](b)[/B]the amount of that overdraft or excess,
[B](c)[/B]the rate of interest charged on it, and
[B](d)[/B]any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).
[/INDENT][/INDENT]Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate.

I trust that I have set out the position clearly and I await your response with the requested information.

Yours faithfully,


[SIZE=5][B][COLOR=DarkOrange]Sign Digitally
[/COLOR][/B][/SIZE][/INDENT][B]
Part 2 - The Response[/B]

You will get a reply usually saying 'Go Away - The exclusion of Current Accounts fall within Part V of the CCA and is set out in section 74(1)(b)' but that actually proves our point and as you have seen with the CCA Request, we rely on that to demand the documents referred herein.

So, in response to such a denial we would respond as follows with the CCA Request Follow Up which reads something like this;[INDENT]Dear Sirs,

[B]Ref: XXXXXXXX[/B]

I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).

I formally requested a copy of the required documents that should have been sent to me annually by [[B][COLOR=DarkOrange]enter bank name here[/COLOR][/B]] and am to date still awaiting such documents.

Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).

I look forward to your response within the next 28 days with the requested information.

Yours faithfully,


[SIZE=5][B][COLOR=DarkOrange]Sign Digitally[/COLOR][/B][/SIZE]
[/INDENT][B]
Note 1 - Additional Points of Reference[/B]

We are relying on specific guidelines here and this is untested and we cannot guarantee any level of success (or failure) by taking the above CCA Request approach and therefore you should consider this attack as a last line of defence - remember never take the fight to a lender, always defend their attack with legislative re-buffs such as the overdraft CCA Request.

The specific guidelines used are as follows:

c.39 (s.74) CCA 1974 (as amended) Part VA ---> [B][URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"]Part VA - Consumer Credit Act 1974[/URL][/B]
We then rely on The Consumer Credit (Amendment) Regulations 2010 which is what the above replaced, in particular s.9:[INDENT]---> [B][URL="http://www.legislation.gov.uk/uksi/2010/1969/regulation/9/made"]s.9 - The Consumer Credit (Amendment) Regulations 2010[/URL][/B]
[/INDENT]Make sense? If not post a reply and we'll try and help. Best of luck.

Niddy :niddy[/QUOTE]

Is this letter still alright to use as I may send theis to Staurt Gulliver soon if necessary??:?

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;212462]Sent cca request (with PO) for overdraft and the numpties (sorry Numpty :kiss) at LTSB have sent the "agreement" for my credit card!! It wasn't compliant back in 2010 so it isn't going to be now? I sent the cca request to Moorcroft quoting the reference number on the letter about the OD. Moorcroft were dealing with my LTSB credit card but not for a year, it's been to Robinson Way and Fairfax solicitors since then.

Any idea how to proceed regarding my overdraft? Do I write to Moorcroft/LTSB and point out their mistake or wait to see what they send next?[/QUOTE]

As I didn't get any suggestions of how to proceed (even though I PMd Niddy...no reply :frown) I cobbled something together as I didn't want to just ignore it.

Let's see what Moorcroft/LloydsTSB send next...

[kilasuit]

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]
Simple fact that if to keep the data protected they would never send anything to your home address as it may not be you.

Just re-iterate to them that they have satisfied DPA by sending statements and such to your address in the past. If they were satisfied they wouldn't send you statements under DPA stipulations

[benadabec]

Re: Overdrafts - CCA Information

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?

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;206626]I sent the cca request without the PO but they said I needed to send PO.

I didn't have the couple of pounds spare...bloody DWP, kids having accidents and having birthdays.

I'll borrow the money and send cca request off today.

EDIT: sent 5th July[/QUOTE]

Sent cca request (with PO) for overdraft and the numpties (sorry Numpty :kiss) at LTSB have sent the "agreement" for my credit card!! It wasn't compliant back in 2010 so it isn't going to be now? I sent the cca request to Moorcroft quoting the reference number on the letter about the OD. Moorcroft were dealing with my LTSB credit card but not for a year, it's been to Robinson Way and Fairfax solicitors since then.

Any idea how to proceed regarding my overdraft? Do I write to Moorcroft/LTSB and point out their mistake or wait to see what they send next?

[benadabec]

Re: Overdrafts - CCA Information

OK thanks. Postal order it is then!

[benadabec]

Re: Overdrafts - CCA Information

I've just sent the O/D CCA to Moorcroft and like Pixie, I've had a response from them that I need to provide a £1 fee for them to proceed with the request.

Should I ignore, respond saying the fee isn't applicable or pay the fee?