Unenforceable Overdrafts - CCA Information

[pooksthebear]

Re: Pookies UE Diary

[QUOTE=Pixie;155560]I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work :grinning



It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

I have a couple of enforceable debts which I haven't heard much about for quite some time.



They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.



Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

Please stop worrying over things that 'might' happen.[/QUOTE]


Thank you Pixie ;)

Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!

[Pixie]

Re: Pookies UE Diary

[QUOTE=pooksthebear;155549]I have had no demands for payment from anyone (except capquest/mackenzie hall/meritforce/connect). I (alledgedly) owe them £51. Havnt paid anything on this since 2009 and I actually thought I had paid it off. I havnt paid anything to anyone else since October. They all defaulted me years ago,[/QUOTE]

I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work :grinning

[QUOTE=pooksthebear;155549]RBS sent my CCA but deemed unenforceable, CL finance sent my CCA but we think that is enforceable, CABOT refused to send as its an overdraft and they said they didnt have to. Soooo... could these 3 just start court action without me knowing until court papers arrive?[/QUOTE]

It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

I have a couple of enforceable debts which I haven't heard much about for quite some time.

[QUOTE=pooksthebear;155549]Capquest, Debt Managers and Arrow Global have not responded to my CCA request. Can these also start court action without me knowing until court papers arrive?[/QUOTE]

They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.

[QUOTE=pooksthebear;155549]Im worried now... Two defaults are over 6 years old and should be off my credit file (but are still showing), another one due off in March. Dont fancy having ccjs replacing them.[/QUOTE]

Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

Please stop worrying over things that 'might' happen.

[pooksthebear]

Re: Pookies UE Diary

[QUOTE=CleverClogs;154862]



[I]The law has been changed ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"][B][I]link[/I][/B][/URL][I] and overdrafts are no longer excluded. They now have to comply with section 61A ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61A"][B][I]link[/I][/B][/URL][I] - duty to supply copy of executed consumer credit agreement) and/or section 61B ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61B"][B][I]link[/I][/B][/URL][I] - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt[/I].


[I]Send the jerks a copy of the telephone harassment letter - [/I][URL="http://www.all-about-debt.co.uk/templates/harassment/t2.php"][B][I]link[/I][/B][/URL].[/QUOTE]

Oh I didnt know that, has it recently been changed then? Is there a template letter I could send them as they refused to comply with the first request saying it was not covered by the consumer credit act and therefore they did not need to send it.


Thank you, will send them the telephone harrassment letter and a new letter asking for the CCA ;)

[CleverClogs (RIP)]

Re: Pookies UE Diary

[QUOTE=pooksthebear;154808][B]Mackenzie hall - working on behalf of Capquest(disputed mobile phone debt[/B]. They set Meritforce on me and I sent them doorstep threat letter. Now its passed to Connect on behalf of Capquest. Have ignored letter demanding payment. Still no agreement.[/QUOTE]
As it was not a regulated consumer credit agreement, they do not need to send such an agreement as that agreement does not exist. However, the creditor does need to prove that the money is owed and that, if the alleged debt has been assigned to them, that the alleged debt is owed to them.

[QUOTE][B]Cabot - (bank overdraft[/B]). Still don't know if they have authority to collect the debt but they told me they don't have to produce agreement and they are right.[/QUOTE]
No, they're not.

The law has been changed ([URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"][B]link[/B][/URL] and overdrafts are no longer excluded. They now have to comply with section 61A ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61A"][B]link[/B][/URL] - duty to supply copy of executed consumer credit agreement) and/or section 61B ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61B"][B]link[/B][/URL] - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt.

[QUOTE]Currently they are ringing me a dozen times a day (from various different numbers) on my house phone and mobile but I am just rejecting all the calls. Getting me down a bit though now cos they ring at all hours of every day.[/QUOTE]
It's about time that was stopped.

Send the jerks a copy of the telephone harassment letter - [URL="http://www.all-about-debt.co.uk/templates/harassment/t2.php"][B]link[/B][/URL].

[mgfboy]

Re: Annual Statements of Account?

Interesting thread, so do they still need to provide annual statements even once they have defaulted an account, if it be OD, loan etc?????

Also once HSBC caused the OD to go over the limit the account became regulated????

[Flossy]

Re: Flossy UE Diary & YB Hassle

They deserved that letter and to be honest I am glad I sent it... Id be very interested in what they come back with! You are right though, they said that the O/D was not covered by CCA.... So, they got the none insulting (just very very strong worded) letter instead :lol

As soon as I get a letter back you will be the first to know what they say!:rotf

[PlanB]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Never-In-Doubt;149318]

It contains a lot of regulation and legislation so lets this will show how good they really are, it'll also give them the incling you aint just a typical consumer - it'll give the impression you're not to be messed about with based on your knowledge of such a complex piece of legislation! :lol

Reply as follows:[INDENT]Dear Sirs,

[B]Ref: XXXXXXXX[/B]

I refer to your letter received on 27 January 2012.

I also acknowledge receipt of your letter which is, in fact total nonsense. Regardless of the provisions of sections 77-79 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I held what can only be regarded as an agreed overdraft, then the lending does indeed become regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies. :blah :blah :blah
[/QUOTE]
[/INDENT]Wow what a letter :wtf I want to send one of those to someone now :dance

Is there any chance a modified version of this could go into the Template Letters section under *Niddy Specials* if you think it would be the right one to send to a creditor or DCA harassing a debtor for an overdraft?

[mauijim]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Never-In-Doubt;149318]Hiya - Ok well lets have some fun here, try sending this latest Niddy Special - see what they think to this ;W ;W

It contains a lot of regulation and legislation so lets this will show how good they really are, it'll also give them the incling you aint just a typical consumer - it'll give the impression you're not to be messed about with based on your knowledge of such a complex piece of legislation! :lol

Reply as follows:[INDENT]Dear Sirs,

[B]Ref: XXXXXXXX[/B]

I refer to your letter received on 27 January 2012.

I also acknowledge receipt of your letter which is, in fact total nonsense. Regardless of the provisions of sections 77-79 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I held what can only be regarded as an agreed overdraft, then the lending does indeed become regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies.

The lender also needs to send 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). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

You go on to mention that "The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b)" yet here I am reading it and wondering what makes you exempt? As I say, before quoting me legislation at least try and understand the principle behind it first. Your claim regards s.74(1)(b) is not in context based on the fact the provision within s.74(A)(2) has failed; 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]I trust that I have set out my position clearly? I await your response with the requested information, as per my original letter (assuming you have the information, of course).

Yours faithfully,


[SIZE=5][B][COLOR=DarkOrange]Sign Digitally[/COLOR][/B][/SIZE]
[/INDENT][/QUOTE]

Oh Man, I wish I had this letter when my OD went South!:boohoo Ho Hum, I should've joined earlier!

TBH I think I will have another battle soon with a different OD so perhaps I can get a Niddy Special?? :luck

MJ :beer

[Flossy]

Re: Flossy UE Diary & YB Hassle

Wow! Nice letter. Im sure we can have some fun with this. I cant wait for a reply :winks

Thanks Niddy your a star!

I am wondering what will happen with this one as this is the one they are taking to court!

Sending off A.S.A.P 1st class recorded.

[Susie]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Never-In-Doubt;149318]Hiya - Ok well lets have some fun here, try sending this latest Niddy Special - see what they think to this ;W ;W

It contains a lot of regulation and legislation so lets this will show how good they really are, it'll also give them the incling you aint just a typical consumer - it'll give the impression you're not to be messed about with based on your knowledge of such a complex piece of legislation! :lol
[/QUOTE]
:eek :ohno :applause

Where is the "holy shit" smiley!! Thats one hell of a letter :rotf

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

This thread is interesting and deals with the overdraft issues, it is also where I based the above template from: ---> [B][URL="http://forums.all-about-debt.co.uk/showthread.php?t=2813"]Annual Statements of Account? - allaboutFORUMS[/URL][/B]

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Flossy;149253]Hi,

Today I have received a letter from Cabot re: my O/D with YB. This is what it says:

I refer to your letter received on 23 January 2012.

We acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 ("CCA").

Please be advised that there is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b).

I trust we have set out our position clearly.

If you have any further queries in relation to the above account, please do not hesitate to contact me on *******. The Customer Assurance Department is open from 9am to 5pm Monday to Friday.

Yours sincerely,


Customer Assurance Adviser.

Any advice Niddy?

I also have received another letter back from Wescot re: Halifax which I will post up shortly.[/QUOTE] Hiya - Ok well lets have some fun here, try sending this latest Niddy Special - see what they think to this ;W ;W

It contains a lot of regulation and legislation so lets this will show how good they really are, it'll also give them the incling you aint just a typical consumer - it'll give the impression you're not to be messed about with based on your knowledge of such a complex piece of legislation! :lol

Reply as follows:[INDENT]Dear Sirs,

[B]Ref: XXXXXXXX[/B]

I refer to your letter received on 27 January 2012.

I also acknowledge receipt of your letter which is, in fact total nonsense. Regardless of the provisions of sections 77-79 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I held what can only be regarded as an agreed overdraft, then the lending does indeed become regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies.

The lender also needs to send 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). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

You go on to mention that "The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b)" yet here I am reading it and wondering what makes you exempt? As I say, before quoting me legislation at least try and understand the principle behind it first. Your claim regards s.74(1)(b) is not in context based on the fact the provision within s.74(A)(2) has failed; 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]I trust that I have set out my position clearly? I await your response with the requested information, as per my original letter (assuming you have the information, of course).

Yours faithfully,


[SIZE=5][B][COLOR=DarkOrange]Sign Digitally[/COLOR][/B][/SIZE]
[/INDENT]

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Flossy;149253]Hi,

Today I have received a letter from Cabot re: my O/D with YB. This is what it says:[/QUOTE] I'll come back to this - just bear with us...

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi,

Today I have received a letter from Cabot re: my O/D with YB. This is what it says:

I refer to your letter received on 23 January 2012.

We acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 ("CCA").

Please be advised that there is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b).

I trust we have set out our position clearly.

If you have any further queries in relation to the above account, please do not hesitate to contact me on *******. The Customer Assurance Department is open from 9am to 5pm Monday to Friday.

Yours sincerely,

Alex Smith
Customer Assurance Adviser.

Any advice Niddy?

I also have received another letter back from Wescot re: Halifax which I will post up shortly.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Thank you for that Niddy.. Its actually only twice you have said it.... :tongue2

I cant help wondering about things. I was just asking questions for a better understanding. I am new to all this and have never had any debts before. While it is stressful its is also raising questions. Dont forget I was getting help before and ended up in a mess with extremely bad advice. I just want to be prepared and understand why I am doing these things. Sorry if I am making you bang your head against a wall.. It wont do your head much good!:tongue2

I will shut up now. Go and take a break and have a hour of no stress.

I have put my creation post up. If you'd of lived closer you could have taken the sofa back for me!