Unenforceable Overdrafts - CCA Information

[cymruambyth]

Re: Unenforceable Overdrafts - CCA Information

You are right, my OD exceeded its limit with charges and has been closed but it is unenforceable and has become SB due the bank's behaviour. A SAR had shown that until their actions it was enforceable - shame :)

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=cymruambyth;559812]You are right, my OD exceeded its limit with charges and has been closed but it is unenforceable and has become SB due the bank's behaviour. A SAR had shown that until their actions it was enforceable - shame :)[/QUOTE]

Thanks - most encouraging! How come it was enforceable before - was it just the addition of the charges sending it over the limit that rendered it unenforceable? Thanks for the encouraging news!

[cymruambyth]

Re: Unenforceable Overdrafts - CCA Information

Hi, we were close to the edge, had loads of charges added and then as we changed accounts so the charges took it over limit. A SAR showed that they could produce annual statements though I can't remember receiving any! Since then, charges taking it over the limit and lack of extra statements meant that it failed to comply with the law. Second account was couple with a loan, I haven't told them that and they seem to have forgotten it :).
The result us that the bank that ignored all financial checks and then dumped us appears to lost, £25,000 loan, £18,000 credit card, £6,000+ OD and £400 OD appears to have nothing from us - we did get a cheque for over £6,000 from then for mis sold PPI :). When they issued a claim it was withdrawn thanks to AAd's previous solicitor.

[scottygees]

Re: Unenforceable Overdrafts - CCA Information

I have been reading this thread with interest tonight. I have to admit I am finding parts of it all very confusing though. I am in the process of sending of CCA requests and am wanting to send something similar in connection with my overdraft.All debts are currently on a DMP. The OD is with Yorkshire Bank but has been passed to a DCA , so who do I send my letter to? Though the OD balance has reduced significantly under the DMP I am pretty sure at some stage that bank charges sent it into an unauthorised OD. Would this render the OD unenforceable? Just want to make sure I am sending the correct correspondence at this moment in time. Apologies if I am getting ahead of myself.

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

If charges were the sole reason you went overdrawn it wouldn't make it UE; no. However you'd have a huge defence to get it sorted via FOS etc long before a claim was issued.

If a claim was issued we'd likely be arguing that the debt arose as a result of the banks actions. Not those of you.

You send the CCA to whoever owns the debt so in your case it has to be the DCA.

You need to bear in mind that if you had an authorised OD and maxed it out then charges put you over its tough luck BUT it'll then be a regulated agreement as such. However if you did not have an agreed OD and charges forced you into an OD position you've got a great chance of success. There's two scenarios and of those one will always apply.

1. You had an authorised OD and charges put you over your limit - (you could argue but likely you'd lose)...
2. You didn't have an authorised OD but charges etc put you into an unauthorised OD - (you can argue and it's likely you'd get a result)...

In both cases, s.74 applies.

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;559814]Thanks - most encouraging! How come it was enforceable before - was it just the addition of the charges sending it over the limit that rendered it unenforceable? Thanks for the encouraging news![/QUOTE]It was always UE as no s.86 notices were ever issued ;)

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;559774][B][U]and Judgment will be granted.[/U][/B].[/QUOTE]Ermmmm - that's not entirely accurate. ;W

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;559810]Funny thing is, apart from their fees the overdraft isn't unarranged - when I stopped paying into the account it was £14995 overdrawn on a £15000 o/d.

But the next day they applied £200 of charges, which put it over the limit. So they way I see it, they have shot themselves in the foot by doing so, because throwing the overdraft into 'unarranged' appears to give me rights that I wouldn't otherwise have had...

Have I understood that correctly? If so, it's a funny old world - innit?[/QUOTE]Yes. That's correct. You now have s.74 protection.

So in essence your OD is regulated and the bank must send annual statements & notices of sums in arrears etc.

Let's assume you tried to defend a claim based on the unlawful / excessive charges alone; you'd likely lose the claim but might get a small reduction to compensate unfair charges - it's up to the judge really (their discretion). If however the bank hasn't complied with regs (s.86 etc) you'd then argue that and [B]could[/B] win and get the whole balance wiped (as UE) and the judge is bound by statute.

In your case, you are £15k OD (in limit). Charges exceeded the limit so it's become regulated and the bank [B]must[/B] now start to send regular statements and sums of arrears notices. If they don't it'll be UE.

;)

[cardiac arrest]

Re: Unenforceable Overdrafts - CCA Information

So if you have an agreed o/d of say £100 and just overspend by £50 (with no fees) is this not good in terms if having a defence ?

Likewise If you do not have an agreed overdraft but just go overdrawn by £150 is this not good either ?

I'm a bit confused...(as usual) .

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;560282]Ermmmm - that's not entirely accurate. ;W[/QUOTE]

I didn't post that bit! Can't find it in the thread either, so not sure what it's about - I think I must have quoted someone else without realising!

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;560296]I didn't post that bit! Can't find it in the thread either, so not sure what it's about - I think I must have quoted someone else without realising![/QUOTE]You did. Quoted from the DCA. It's the DCA I'm saying are at fault. Not you.

-> [url]http://forums.all-about-debt.co.uk/showthread.php?4904-Unenforceable-Overdrafts-CCA-Information&p=559774&viewfull=1#post559774[/url]

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;560284]Yes. That's correct. You now have s.74 protection.
So in essence your OD is regulated and the bank must send annual statements & notices of sums in arrears etc.
Let's assume you tried to defend a claim based on the unlawful / excessive charges alone; you'd likely lose the claim but might get a small reduction to compensate unfair charges - it's up to the judge really (their discretion). If however the bank hasn't complied with regs (s.86 etc) you'd then argue that and [B]could[/B] win and get the whole balance wiped (as UE) and the judge is bound by statute.
In your case, you are £15k OD (in limit). Charges exceeded the limit so it's become regulated and the bank [B]must[/B] now start to send regular statements and sums of arrears notices. If they don't it'll be UE.
;)[/QUOTE]

Doesn't the S74 protection mean that they need to produce the original agreement, or does this not apply with overdrafts?

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=cardiac arrest;560292]So if you have an agreed o/d of say £100 and just overspend by £50 (with no fees) is this not good in terms if having a defence ?

Likewise If you do not have an agreed overdraft but just go overdrawn by £150 is this not good either ?

I'm a bit confused...(as usual) .[/QUOTE]If you didn't have one we'd not be having this discussion :lol

If you have one then it's regulated.

Basically.

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;560300]Doesn't the S74 protection mean that they need to produce the original agreement, or does this not apply with overdrafts?[/QUOTE]its section c39 (VA)

See post 1 & 2 in this thread.

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;560298]You did. Quoted from the DCA. It's the DCA I'm saying are at fault. Not you.

-> [URL]http://forums.all-about-debt.co.uk/showthread.php?4904-Unenforceable-Overdrafts-CCA-Information&p=559774&viewfull=1#post559774[/URL][/QUOTE]

Ah - I see! Excellent - thanks...