Unenforceable Overdrafts - CCA Information

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

[QUOTE=Flossy;146890]Can an O/D be UE? Is a CCA used for overdrafts? Maybe settling a low figure is best if I stand no chance of getting anywhere with it?

If I settled on that would Cabot then think I would cave on paying the CC debt? Or is it likely they dont have the CCA info and they would have to drop the case?

Just a few thoughts....

Have posted Creation story without the help of a link :dance ..[/QUOTE] Yes an OD can be UE, however right now I'm wondering if it'd be easier settling - maybe speak to Gwyn and discuss settlement of the OD debt.

Regards the CC with Cabot, stop stressing will you - they have not done anything yet and if they do, this time round you'll be better prepared and we will try and get you the best possible help in order to submit a defence - ergo STOP WORRYING will you? It is pointless worrying 'what if' all the time - right now worry about the most important thing which is stopping them from obtaining judgment which will then allow them access to apply for a CO and try and go for your house - THAT is all we are worried about right now and THAT is number one priority right now.

Yes continue to pay both cabot debts - I have stated this no less that 7 times already! :headbash:headbash:headbash

[Flossy]

Re: Flossy UE Diary & YB Hassle

FP, Glad your OK and thank you for your help.

Niddy, I do understand . I was trying to do the disability with debt before when you said I shouldn't have been. Maybe that was due to you wanting to get the other things out of the way first.

The O/D Cabot defence was done by the 'bad advice man' (in writing over email, etc...)and therefore not exactly the right advice as Paul has already told me. There are so many points not raised in the defence due to G wanting to 'test' his new theory or whatever he is doing. Paul was trying to see if we could add or put in a new defence but that didn't amount to anything.

Defence was at the court 3rd January. It was due in on the 4th January. Its now 28 days after Cabot receiving a copy of my defence. After that time has elapsed, the claim will be stayed.

I am unsure of what happens if it is stayed?

Paul is away from the office for a while but I have emailed him. He has had all the info of the defence and paperwork from YB and Cabot. He is now busy so I guess I have to go back to Gwyn who I first spoke with at the start of all this. Either way the defence doesn't look good but Paul did say that he has never seen a case won with whats on my defence apart from something back in 1940 something! Maybe that was why I was used as a guinea pig?????

Can an O/D be UE? Is a CCA used for overdrafts? Maybe settling a low figure is best if I stand no chance of getting anywhere with it?

If I settled on that would Cabot then think I would cave on paying the CC debt? Or is it likely they dont have the CCA info and they would have to drop the case?

Just a few thoughts....

Have posted Creation story without the help of a link :dance ..

[mk_chatham]

Re: Annual Statements of Account?

Hi

I am now helping a family friend with multiple debts which he has been paying £1 per month to for a couple of years.

He has never received any type of statement from any of the DCAs. Most appear to be acting as agents, a couple of the debts have now been assigned to new owners.

I was thinking of writing the letter below to all of the DCAs and to obtain copies of his credit report from the CRAs to get an accurate total of his debt. Not sure if any are old enough to consider UE.

He has been paying these debts so it does not matter that he is acknowledging them. To be sent signed for

[COLOR="Navy"]Dear Sir

I have been making token payments of £1.00 per month since XX/XX/XXXX to you for the above mentioned account. I have never received a statement from you showing that these payments have been credited to my account.

As you are no doubt aware you have an obligation under the Consumer Credit Act to send me a statement of account at least once a year; you do not appear to have done so.

I would be grateful for a statement showing all payments received since XX/XX/XXXX and the balance outstanding on this account.

Yours faithfully

Signed Digitally.[/COLOR]

Is there anything you think I should add to this, or anything important that I have missed out.

Thanks

MK

[Never-In-Doubt]

Re: Annual Statements of Account?

[QUOTE=PlanB;138226]In the very least writing to a DCA to ask for the original documents could work as a delaying tactic. And since most DCAs have zippo knowledge of consumer law they may well take fright and send back it back to the lender :grin That'll be another two months peace and quiet![/QUOTE] Well actually you'd have no provision to request documents other than part of SAR.

You cannot demand they comply with s.74(a) or s.74(b) - if they do not then you complain to the regulator. Does it sound like I am pro-bank or does it sound like the system sucks? :callme

:beer

[PlanB]

Re: Annual Statements of Account?

[QUOTE=Never-In-Doubt;138220]To enforce in court they'd still have to provide the standard documents as per agreement i.e. prove that you agreed to the terms and conditions therein.

If they cannot, ie no paperwork, then you'd have a fighting chance BUT bear in mind you have [B]no [/B]CCA protection like s.127 etc etc.....[/QUOTE]

In the very least writing to a DCA to ask for the original documents could work as a delaying tactic. And since most DCAs have zippo knowledge of consumer law they may well take fright and send back it back to the lender :grin That'll be another two months peace and quiet!

[PlanB]

Re: Annual Statements of Account?

[QUOTE=Never-In-Doubt;138219]It would not affect anything enforceability wise, it is a minor breach, kind of like the lender not sending an annual statement in line with current legislation.

You could complain to the Ombudsman - that's about your lot. :cool[/QUOTE]


Something tells me that the FOS aren't minded to uphold complaints about HSBC these days ;W ;W ;W

[garlok]

Re: Annual Statements of Account?

Whilst we can have the discussion here, I suppose we will have to wait and see if any case law gets established on the specifics of the OD regulations. As it stands I can't find any which could give a clear indication.

regards
Garlok

[Never-In-Doubt]

Re: Annual Statements of Account?

[QUOTE=PlanB;138217]Also in order to enforce in court does the Bank have to produce the original OD agreement as proof of breach of any Ts & Cs, or does the OD's existence say it all :confused[/QUOTE] To enforce in court they'd still have to provide the standard documents as per agreement i.e. prove that you agreed to the terms and conditions therein.

If they cannot, ie no paperwork, then you'd have a fighting chance BUT bear in mind you have [B]no [/B]CCA protection like s.127 etc etc.....

[Never-In-Doubt]

Re: Annual Statements of Account?

[QUOTE=PlanB;138215]I'm still curious to know whether failing to send this information annually has any negative impact on the banks' ability to enforce in court. Can they send them retrospectively to remedy that? I've had none since my HSBC account was opened in 1970s with an agreed OD limit which I never exceeded until last year.[/QUOTE] It would not affect anything enforceability wise, it is a minor breach, kind of like the lender not sending an annual statement in line with current legislation.

You could complain to the Ombudsman - that's about your lot. :cool

[PlanB]

Re: Annual Statements of Account?

Also in order to enforce in court does the Bank have to produce the original OD agreement as proof of breach of any Ts & Cs, or does the OD's existence say it all :confused

[PlanB]

Re: Annual Statements of Account?

I'm still curious to know whether failing to send this information annually has any negative impact on the banks' ability to enforce in court. Can they send them retrospectively to remedy that? I've had none since my HSBC account was opened in 1970s with an agreed OD limit which I never exceeded until last year.

[helmsman]

Re: Annual Statements of Account?

[QUOTE=Never-In-Doubt;138211]Ok as the loan and OD was not added together, never say that again as it confuses everything :lol :lol

Basically your accounts, as per my last post, will be SB 6 years from date YOU last paid or acknowledged the debt. The bank can add £20k to it, but if you didn't spend, pay or acknowledge then tough - so as for the SB date, this will be 6yrs from the date you last paid into the DMP - is that is 2016? You tell me (ie when did you last pay into this account)?[/QUOTE]
Hi Niddy,
Thanks for clarifying last paid into dmp aug 2010 have not had any contact with the bank. Stopped using the O/D acc 1n 2007 when started dmp.
Thanks as always (for your patience)
Merry Xmas to everyone.

[Never-In-Doubt]

Re: Annual Statements of Account?

[QUOTE=helmsman;138209]Hi Niddy.
Originally thought the ccj contained the O/D with the loan as it was High ie loan andO/D added together since I did a SAR found this not to be the case the ccj is loan only (paying all up to date) I know the ccj will not be SB paying anyway. But the O/D surfaced with the SAR showing interest being added monthly and increasing heading towards what was an agreed O/D. Have not used the acc for 4 years at least when entered dmp what I was asking as I have not made any payments to that ac with O/D have had no contact about the acc will it become SB in 2016 or will the interest they are adding but not informing me about keep the acc live. Hope that makes sense.[/QUOTE] Ok as the loan and OD was not added together, never say that again as it confuses everything :lol :lol

Basically your accounts, as per my last post, will be SB 6 years from date YOU last paid or acknowledged the debt. The bank can add £20k to it, but if you didn't spend, pay or acknowledge then tough - so as for the SB date, this will be 6yrs from the date you last paid into the DMP - is that is 2016? You tell me (ie when did you last pay into this account)?

[helmsman]

Re: Annual Statements of Account?

[QUOTE=Never-In-Doubt;138199]Hiya

Sorry, lets start at the beginning - you cannot add two debts into one so if they got a CCJ by adding a regulated and non regulated (in that sense) product together then I would be arguing for set-aside of the whole CCJ.

Thats an entirely different issue. Also if you have a CCJ it'll never become SB in the traditional sense.....

Can you try and reword the question giving more detail cos right now it makes no sense......

However interest being added does not affect the SB date, no. [B]ONLY[/B] you paying into it or acknowledging it does.[/QUOTE]
Hi Niddy.
Originally thought the ccj contained the O/D with the loan as it was High ie loan andO/D added together since I did a SAR found this not to be the case the ccj is loan only (paying all up to date) I know the ccj will not be SB paying anyway. But the O/D surfaced with the SAR showing interest being added monthly and increasing heading towards what was an agreed O/D. Have not used the acc for 4 years at least when entered dmp what I was asking as I have not made any payments to that ac with O/D have had no contact about the acc will it become SB in 2016 or will the interest they are adding but not informing me about keep the acc live. Hope that makes sense.

[Never-In-Doubt]

Re: Annual Statements of Account?

[QUOTE=helmsman;138198]Hi Niddy,
As you are aware I am probably the thckest person on here so my dumb ? is had an O/D thought the acc closed and O/D added to loan ccj, got a SAR and O/D showing as onging ie interest adding every month it is rising very high £3000 + but have had no contact since Aug 2010 when stopped the DMP the amount is still below agreed O/D limit but again absolutely no contact from bank just noticed when SAR received. So as long as they dont contact me or I pay anything will it be SB in 2016 or does the interest added monthly keep this live.
Thanks as always.[/QUOTE] Hiya

Sorry, lets start at the beginning - you cannot add two debts into one so if they got a CCJ by adding a regulated and non regulated (in that sense) product together then I would be arguing for set-aside of the whole CCJ.

Thats an entirely different issue. Also if you have a CCJ it'll never become SB in the traditional sense.....

Can you try and reword the question giving more detail cos right now it makes no sense......

However interest being added does not affect the SB date, no. [B]ONLY[/B] you paying into it or acknowledging it does.