Unenforceable Overdrafts - CCA Information

[Pixie]

Re: Overdrafts - CCA Information

I don't know but I don't see why it shouldn't apply to overdrafts. I would send it.

[benadabec]

Re: Overdrafts - CCA Information

That was my thought - if it didn't apply to overdrafts then we'd all have to pay them off eventually. Thanks Pixie

[vint1954]

Re: Overdrafts - CCA Information

I think the only exception is for Mortgages then SB is 12 years

[mike'y]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;356523]Mackenzie Hall obviously couldn't be bothered with me anymore as I've just had a letter purporting to be from LTSB saying they've transferred the account to (yet another) dca - Westcot. I'll wait for Westcot to get in touch direct.[/QUOTE]


Lol, Wescot have just written to me about the matter of my small overdraft with RBS. It says I'm a confirmed resident. I already know that because I live here :)

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Lol wait and see what they say next..... :)

[Pixie]

Re: Overdrafts - CCA Information

:hmm I'm not sure what to do about this...

Synopsis of LTSB overdraft:

I made a few £1 token payments then realised it was pointless so stopped making them in February 2012.

[COLOR=#ff0000]May 2012 Account transferred to Moorcroft[/COLOR]
[COLOR=#0000cd]May 2012 Sent OD cca request to Moorcroft[/COLOR]
Had a few letters from Moorcroft including a "litigation warning" from Midas Credit Services (ie Moorcroft)

[COLOR=#ff0000]November 2012 Account transferred to Robinson Way[/COLOR]
[COLOR=#0000cd]November 2012 sent SWID[/COLOR]
Robinson Way loved writing to me...had loads of letters including reduced payment plan, doorstep visit threat and two letters (one from Robinson Way and the other from their pet solicitors Horwich Farrelly) saying that the account is exempt from part V of Consumer Credit Act so they both got the second overdraft letter. The last contact was from Horwich Farrelly saying they have asked for a copy of the agreement,the account has been placed on temporary delay and that they would contact me in due course which they didn't :lol

[COLOR=#ff0000]May 2013 Account transferred to Mackenzie Hall.[/COLOR]
[COLOR=#0000ff]May 2013 Sent SWID[/COLOR] They cleared off very quickly after I sent them the SWID.
[COLOR=#ff0000]
November 2013 Account transferred to Westcot[/COLOR].
[COLOR=#0000cd]November 2013 Sent SWID[/COLOR].
[COLOR=#ff0000]November 2013 Reminder Notice from Westcot saying I'm still resident.
December 2013 I've raised a request for documentation and they're investigating.[/COLOR]
[COLOR=#ff0000]January 2014[/COLOR] [COLOR=#ff0000]Letter from Westcot saying that current accounts do not have an executed agreement and s77/78 of Consumer Credit Act 1974 does not apply. They believe the dispute has been resolved and the full balance or an agreed monthly instalment is required by return.
[/COLOR][COLOR=#0000ff]January 2014 Sent 2nd overdraft letter.
[/COLOR][COLOR=#ff0000]January 2014 Letter from Westcot. I've raised a dispute and they're investigating.
February 2014 Letter from Westcot. Account still on hold.
February 2014 Letter from LTSB (sorry can't scan)

[/COLOR][QUOTE] Thank you for taking the time to contact us about your complaint. I am concerned to hear about what's happened with your current account. We always welcome customer comments as it helps us to put things right for you. I have tried to call you but was unable to reach you. ([COLOR=#800080]that'll be because I no longer have the landline that they'd have on record)
[/COLOR]My understanding of your complaint is:[LIST][*]we have not responded to your earlier request for information[*]you are requesting documents under the Consumer Credit Act 1974, including credit agreement[/LIST]
Having looked into your concerns, I can confirm the first record us or one of our agents have of receiving your request is xx/07/2012. The only record we have of a response was on xx/12/2013. This is not an acceptable timeframe to respond to customer and would like to offer my apologies for the length of time taken to respond.

The response which was sent on xx/12/2013, explained due to the account being a current account there was no credit agreement signed; therefore we would not be able to provide you a copy. Also overdraft are not included in the Consumer Credit Act (1974) so we feel the account remain payable.

The response did also mention was opened on xx/xx/xxxx and the overdraft limit was set at £2000 and statements were sent on a monthly basis to you up until xx/08/2011, where we moved the account to our Consumer Debt Recovery (CDR) team and is essentially closed. These statements would have shown the overdraft limit and the next renewal date.

This information means we believe the outstanding amount of £xxxx.xx remains payable and you contact Westcot on 0844 824 1154 to discuss repayment of this amount.

I can see that we've let you down with some of the points you've raised. However, I hope I've explained that there are some instances where I believe our actions were necessary.

To put things right I have arranged to pay you £50.00. This is made up of payment for the distress and inconvenience caused in no responding to your request as soon as possible, please find a cheque enclosed for this amount. [COLOR=#800080](no cheque enclosed though they sent the identical letter a couple of days later with the cheque...letter dated same day as this letter, cheque dated a couple of days later)[/COLOR]

I appreciate the trouble you have taken to get in touch with us. I hope I've explained what has happened and been able to resolve your complaint satisfactorily.

I am very keen to make sure I have resolved your complaint fairly. If you feel I've misunderstood your complaint or have any further details you think I should know please do not hesitate to come back to me.

If you remain unhappy, you also have the option to contact the Financial Ombudsman Service, so long as you do this within six months of the date of this letter. etc

If you have any questions about my reply or have any further information to add, I will be very pleased if you call me personally on 0800 xxx xxxx in combination with my identity code xxxxxxx [/QUOTE]

As much as I'd love to call him and tell him that his grammar is atrocious (all the mistakes in the above are as they are in the letter, not my typos), I think I'll resist the temptation.

I'm not sure
a) what to respond with
b) whether I should cash the cheque.

I would think that it was obvious after no payments for 2 years and 4 dcas that I'm not going to pay anything so why send the cheque? Is it some sort of trick or because it's cheaper than if I made a complaint to FOS?

[cymruambyth]

Re: Overdrafts - CCA Information

I would thank him for his reply and money which you are accepting for their incompetence but not are not accepting it as acknowledgement of the debt, then add details of OD letter 2.

[Pixie]

Re: Overdrafts - CCA Information

The letter from LTSB was in response to me sending the 2nd OD letter.

[cymruambyth]

Re: Overdrafts - CCA Information

I would still send it back and point out that their interpretation of the act is incorrect

[vint1954]

Re: Overdrafts - CCA Information

I think the point is that once they let you go over the agreed limit, then they are extending credit to you, so that has to have an agreement.

[Pixie]

Re: Overdrafts - CCA Information

Thank you, both of you.

Do you think I should bank the cheque?

[vint1954]

Re: Overdrafts - CCA Information

Difficult one. I would speak to Niddy first

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Let me catch up.....

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Bank the cheque :clap

Ignore them for now. See what Wetcloths do next eh? :)

[Pixie]

Re: Overdrafts - CCA Information

Thanks Niddy :)