Unenforceable Overdrafts - CCA Information

[Flossy]

Re: Overdrafts - CCA Information

I didnt get a Default notice from the YB and Cabot wouldnt send a CCA despite sending 2 letters off. They refused to communicate any further after the 2nd letter.

As you may have seen on my UE Diary that I settled with Cabot due to a bad defence that was done before I joined this site. I did pay them off and was/am not happy I had to but, I settled for less than a third of the original amount.

As the Boss :niddy says to be careful as most of these companies are very quick to litigate! I had an agreement in writing with the YB and they sold both my O/D and CC A/C's to Cabot in the first few weeks without any warning!

I think mine was slightly different due to the bad defence for the O/D but still fighting the CC with Cabot.

I'd love to hear what replies you all get from your CCA's, etc.. Keep me up dated Kilasuit / Fredbare and of course the Boss (didn't know you where fighting them as well!

[Flossy]

Re: Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;170254]My thread regards this matter can be found here: ---> [url="http://forums.all-about-debt.co.uk/showthread.php?t=5384"]allaboutFORUMS | Niddy vs Marlin/Mortimer Clarke & Yorkshire Bank[/url]

* you need to be invited to this section so please PM a mod for access and if they can vouch for you, then you'll get in. Any problems PM me.

Thanks[/QUOTE]

I cant access this section

[fredbare]

Re: Overdrafts - CCA Information

Hi Kilasuit

Thank you for that quick reply, I assume I keep that information to myself for now.

Thanks again, much appreciated

Fredbare

[kilasuit]

Re: Overdrafts - CCA Information

Again no matter what the overdraft consists of it still needs a default notice and period to remedy the default.

[fredbare]

Re: Overdrafts - CCA Information

Thanks Niddy

Does this apply to overdrafts wholly made up of bank charges as well. The latest letter I have received implies a default has been registered but I have never received a default notice.

Thanks again

Fredbare

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=fredbare;192836]Hi

Can anyone tell me please if a bank has to send a default notice for an overdraft.

Thank you


Fredbare[/QUOTE] Yes - exactly the same as all other accounts. They are bound under s.87 & s.88 of CCA1974 to issue one and give a clear 14 day remedy period prior to enforcement.

:tongue

[fredbare]

Re: Overdrafts - CCA Information

Hi

Can anyone tell me please if a bank has to send a default notice for an overdraft.

Thank you


Fredbare

[still looking]

Re: Overdrafts - CCA Information

had the usual letter back saying not covered by CCA the usual plonk. So I sent the return letter quoting what was advised on here. The problem with my Overdraft was it should never have been. My ex went into YB told them that we were split and they asked me to come in close the old one and set up a new single account every thing would be fine as they would transfer over the DD's etc. This I did. but two months down the line I find they did not and the account was racking up. I went ballistic at them, they just gave me £100 refund and told me to go to FOS.... at the time of just splitting up this was last thing on me mind

It makes me laugh, there is three hundred pound of charges on the account as I SAR YB, funny Marlins keep sending me a discount of £300 so to bring the amount down to £500..

I am not worried about this anyway, I just want to help test the waters here, my house is up for sale, I can't afford the mortgage or the extortionate amount I have to pay First Plus. Have struggled for three years working 7 days a week. I have informed BS that they will get £100 token payment same with FP the rest is for a deposit on a rented house or flat. Then its Bankruptcy for me. At 53, I just don't care anymore. I want to start living my life again. But want to help and give support to you guys in anyway I can. Your all great.

[CleverClogs (RIP)]

Re: Overdrafts - CCA Information

[QUOTE=Flossy;163411]Sorry, it doesn't say that on the credit report... the account is marked as delinquent for both YB/Cabot accounts on my credit file and I noticed that some of the delinquent meaning was described as the closed account under section 99 of the CCA.[/QUOTE]
Then it is plainly rubbish, as section 99 of the Consumer Credit Act 1974 - [URL="http://www.legislation.gov.uk/ukpga/1974/39/section/99"][B]link[/B][/URL] - deals with the right to terminate [B]hire purchase and conditional sale agreements[/B].

[Never-In-Doubt]

Re: Overdrafts - CCA Information

My thread regards this matter can be found here: ---> [url="http://forums.all-about-debt.co.uk/showthread.php?t=5384"]allaboutFORUMS | Niddy vs Marlin/Mortimer Clarke & Yorkshire Bank[/url]

* you need to be invited to this section so please PM a mod for access and if they can vouch for you, then you'll get in. Any problems PM me.

Thanks

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=still looking at the star;168413]Following with interest as I have had a Yorkshire bank over draft sold to some company with Marlins collecting. It has £300 of illegal charges on it but I want to hit these smug sods with something. Niddy, can we send the letter you composed circumventing the request for CCA.... direct to Marlins. ???[/QUOTE] Be very careful - I personally am in a legal battle with Marlin/Mortimer Clarke etc over YB account - they are very quick to litigate and play very dirty.

I lost and they now have (in my opinion) a totally void CO against me but I decided long ago I will sell the house to my daughter for a reduced sum that will just cover the mortgage, so fuck their charge.

However, the point is they served papers at an incorrect address, the DN was bad, they got the amounts wrong - the lot.

But because they sent to the old address we never found out till the damage was done.

I am in the middle of organising an appeal and will let you know how this pans out but right now, due to legal reasons, I am not prepared to say more.

Just be warned.

If they've added loads of charges try and ask for a F&F excluding them or try and formalise a complaint so you can get the FOS involved - but whatever you do, be careful as these scum are the lowest of the low in every form.

I will not lie down and let them beat me, legally they already have (through no fault of my own) however they don't realise the world of pain they've now caused themselves.

I'll start a thread about all this, in due course. :yeababy

[still looking]

Re: Overdrafts - CCA Information

Following with interest as I have had a Yorkshire bank over draft sold to some company with Marlins collecting. It has £300 of illegal charges on it but I want to hit these smug sods with something. Niddy, can we send the letter you composed circumventing the request for CCA.... direct to Marlins. ???

[Flossy]

Re: Overdrafts - CCA Information

Sorry, it doesn't say that on the credit report... the account is marked as delinquent for both YB/Cabot accounts on my credit file and I noticed that some of the delinquent meaning was described as the closed account under section 99 of the CCA.

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Speak to solicitors and make sure you draw it to their attention however due to the amount they may feel settlement is better and cheaper than a court battle.

[Flossy]

Re: Overdrafts - CCA Information

I have looked at my credit report earlier and it brings up Cabot 'Closed account - Section 99 of CCA'