Unenforceable Overdrafts - CCA Information

[nanna58]

Re: Unenforceable Overdrafts - CCA Information

Sorry Alfie I don't know but didnt want to read and run , I'm sure someone will be along soon .xxxx

[alfie]

Re: Unenforceable Overdrafts - CCA Information

Hi
What would be the situation where there was an existing overdraft prior to the new o/d regulations, but after the new regs a different o/d limit was put in place on the o/d, and then new terms. Would it then be subject to the new regs and therefore require an agreement?

[The Tech Clerk]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=JLC;561222]Yes, they know but they are still threatening a charging order. I read that it's quite hard to put a charging order on a joint property, though.

Plan B is taking a look for me tomorrow, so hopefully I'll know more.[/QUOTE]

They could only get a Restriction on a non joint CCJ/charging order! i/e/ if property is not in Joint Names.

[JLC]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=debtguy;561250]Yes, I've read that it is hard to touch jointly-owned assets too, although I am not clear if this is the case if the debt is also jointly-owned.[/QUOTE]

Debt is just mine. They have been threatening me since October last year. It worries me because of the legal crap they put in their letters, but I guess that is how they get people to pay up. They have given me six months to go to the ombudsman, but I'll wait and see what Plan B has to say tomorrow.

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

Yes, I've read that it is hard to touch jointly-owned assets too, although I am not clear if this is the case if the debt is also jointly-owned.

[JLC]

Re: Unenforceable Overdrafts - CCA Information

Yes, they know but they are still threatening a charging order. I read that it's quite hard to put a charging order on a joint property, though.

Plan B is taking a look for me tomorrow, so hopefully I'll know more.

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

I think that (as with me...) having no money puts you in a pretty strong position. As long as they know...

[JLC]

Re: Unenforceable Overdrafts - CCA Information

Niddy is away at the moment so I'm waiting to hear. I haven't contributed to my mortgage or home for over 10 years, so I don't think they have a chance. They only know about the house because our mortgage is with them. I'll have the money to pay them when my husband retires so I will just have to ride this one out. They have changed my account from the original one I signed up for (which I didn't agree or sign up to), so there is probably a few problems with that as I guess the terms they sent me no longer apply, but I'm not an expert).

I think they are hoping I will just pay up, but they are aware of my financial situation but have refused any payment plan offered. I have no money, so will see what I'm advised and what happens.

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

P.P.S. I have no home in the UK for them to put a charge on.

I do however have a 1992 K reg Nissan Micra, which they are welcome to if they do a vehicle search for assets (do they do that??).

It cost me 70 quid and is currently SORNed at my mate's place...

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

P.S. I haven't had a response to my o/d yet - this was the linked (Private/Black/Advantage/whatever other effing stupid name their image consultants have thought up this month) c card account, which they had been claiming was a charge card and so integral to the current a/c. So this is something of a volte-face from their earlier response on that.

However, I am anticipating a similar response to yours for the o/d, because it looks as if they are playing hardball. But surely this response, about an account that they have already written and told me is effectively a current a/c, rather undermines their stance...?

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

Sounds like you need a SWID but I am no expert. Ask Niddy...

[JLC]

Re: Unenforceable Overdrafts - CCA Information

I got a very long winded response to my overdraft telling me pay up or else they are going to get a charging order on my home. I'm still waiting for some advice☹️

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

'Shorry' if I am a bit 'cheerful' tonight, but I have been 'shelebrating' (as Tony Benn would have said). I am currently beginning the UE process with my NW account, and it was a credit card (which they insist was a charge card but was administered by their c card dept and has a c card prefix) linked to a current account which I have had for 40 years. As Niddy has said above, it is too old to be covered by CCA 1974, and I was expecting a very dusty response from their c card dept saying 'piss off and get in touch with our current a/c dept because this counts as a current a/c' - which is what they said before.

However, I have just had a letter which has been the cause of me glugging half a bottle of red wine - first of all, they apologise for not having responded to two of my letters to which they have actually already responded by telling me to piss off (yes really!!), but best of all is the following paragraph, which I quote in full because I can hardly believe my eyes:

"I acknowledge your request for a copy of the credit agreement relating to this account, but I regret that we are not able to comply with your request in this regard. After a thorough search of our systems, it appears that this has been misfiled. I am very sorry. [[I]Bet you bloody are - Ed[/I]] While this does mean that we are unable to comply with Section 78 of the CCA, and cannot pursue the outstanding debt through the courts, I must confirm that this does not mean that the outstanding debt is invalid'
[[I]After that it goes on yada yada yada please pay us, etc.[/I]]

I can really hardly believe my eyes. And Niddy is a STAR. I really am beginning to understand that all these banks are a bunch of Ponzi schemes run by incompetent nincompoops. I owe Niddy a large bottle of this red stuff I am drinking, and I might celebrate by getting myself a new keyboard, because on mine the o and the i are worn out, and I keep typing 'Noddy' for 'Niddy'...

Ya know what? think I'm going to kill the rest of this bottle...

[scottygees]

Re: Unenforceable Overdrafts - CCA Information

Thanks. Got there in the end.

On on another note then, if I wasn't receiving annual statements from other creditors on my DMP would that also make them UE?

[QUOTE=Never-In-Doubt;560622]Why? As it stands it's UE without a CCA. They're in bother already as you've not been getting notices each year (for the 4th time) - so why alert them to that by requesting documents that they'll then realise; shit - we'd best remedy this ASAP.

I would keep shtum. That's me though. You do whatever you feel best doing :)[/QUOTE]

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=scottygees;560608]Right guys.it doesn't take a lot these days to confuse me so the Monty Python quotes are really clouding the water. Do I request this CCA or not? If not can someone explain to me the reason why I shouldn't.

Many Thanks[/QUOTE]Why? As it stands it's UE without a CCA. They're in bother already as you've not been getting notices each year (for the 4th time) - so why alert them to that by requesting documents that they'll then realise; shit - we'd best remedy this ASAP.

I would keep shtum. That's me though. You do whatever you feel best doing :)