Unenforceable Overdrafts - CCA Information

[Bricktop]

Re: Unenforceable Overdrafts - CCA Information

Neither, this has been on-going well before 2012 - I was paying £1 per month to a load of the vultures, then after finding this site I simply stopped the payments and started hitting them with S78 requests (but not the O/D, just stopped the quid payment).

However they didn't notice that I wasn't paying into the O/D for quite a while, once they realised I just asked them for a copy of a signed agreement as I do not remember signing one and after some too'ing and fro'ing over the past year we are now at this point.


The letter has very similar wording to DT's letter on page 9 as pointed out by Debtguy.

[I]'It is important to point out that the bank does not require customers to sign an agreement under the Consumer Credit Act in order for an overdraft facility to be applied to their account, therefore a copy of the signed agreement is not available'
'Under Section 77 of the CCA requires us to supply a copy of the original or a true copy of their CCA regulated loan (77) agreement'
'As you do not have a loan you would need to send your request for a section 78'[/I]

I think I will reply asking them why I need to make a S78 request at their suggestion for an agreement that they have admitted in the same letter does not exist.

The £64K question is what is my liability given that...

1. There is no agreement
2. They say they don't need one for overdrafts

(if they say that it is built in to my bank account I would wager they do not have a signed agreement or true copy for that as I had the account for over 20 years)


[QUOTE=debtguy;558852]In fact I have just decided you owe me £10K - I haven't got any evidence of the debt, but I have a distinct memory of it... :D:D:D[/QUOTE]

do you happen to work for Nat West ? :p

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=cymruambyth;558854]Which letter did you post? Have you read the updated information in post 1 of this thread?[/QUOTE]

Interesting - Niddy's post on page 1 refers to S74, not S78 - wonder which Bricktop used in his letter to them...

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

Just realised that this is the same reply that Doubting Thomas received from them on 3rd February 2013 - see page 9 of this thread

[cymruambyth]

Re: Unenforceable Overdrafts - CCA Information

Which letter did you post? Have you read the updated information in post 1 of this thread?

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

I might be naïve, but surely this is a result?? They are saying they haven't got anything and claiming they don't need anything, but surely they wouldn't get very far trying to enforce a debt by going to court and saying 'this bloke owes us £X000, m'lud - he really really does. We haven't got anything on paper to prove it, but we distinctly remember it'.

In fact I have just decided you owe me £10K - I haven't got any evidence of the debt, but I have a distinct memory of it... :D:D:D

[nanna58]

Re: Unenforceable Overdrafts - CCA Information

Makes sense to keep the letter very safe , as they say they haven't got it xx

[Bricktop]

Re: Unenforceable Overdrafts - CCA Information

Nat West finally back in touch, brief parts of letter...


Bank does not require customers to sign an agreement under the CCA in order for an overdraft facility to be applied to the account, therefore a signed agreement is not available and is not required to be provided under the terms of S78

Under S77 of the CCA they are required to supply copy or true copy of CCA regulated loan agreement, copies of docs mentioned in the agreement, statement of account.

As I do not have a loan a request would have to be made under S78

Please clarify the info I am requesting,

([B]they have now closed the account[/B], but I still owe them for the overdraft. Although I have had nothing to do with the account since June 2012)



So I guess it reads that I can request under S78 for an agreement but as there isn't one they won't be able to supply.

Not sure my next plan of action tbh, time to make a settlement offer or keep battling ?

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

This post explains Statute of Limitation regards Overdrafts --> [url]http://forums.all-about-debt.co.uk/showthread.php?12634-URGENT-Keynes-issue-LBA-for-old-HSBC-overdraft-account-HELP!!&p=550740&viewfull=1#post550740[/url]

[debtguy]

Re: Overdrafts - CCA Information

[QUOTE=Bricktop;445516]Nat West have been back in touch, apparently they were adding lots of charges on a daily basis and wanted me to pay.
I asked for a copy of the agreement and a breakdown of how the charges on the alleged agreement were calculated.
They have written back and wiped out all the additional charges that they were adding over the past couple of years bar £150's worth of some random charge but would still like paying.
So I have again asked for a copy of the agreement and a breakdown of how the charges on the alleged agreement were calculated.
Lets see what happens.....[/QUOTE]

Any update on this? It was a while ago and it doesn't look as if they've got back to you? I ask because I have a large (£12K) NatWest overdraft that I have had for around 20 years non-stop, and I have just worked out how much I've paid them (roughly £150 a month in interest and charges, plus £200 a year account fee, for 20 years is around £40000).

It's not so much that I resent the amount (although I do!) as that I really cannot imagine how a bank could have been less understanding, less helpful, less responsive and more obstructive. I would so love to tell them to shove their overdraft where the monkey put the nuts and walk away, and as I am abroad it is tempting. But I know that their DCAs tends to be some of the nastier ones, so I am hesitating.

So, as I said, any info would be much appreciated...

[Bricktop]

Re: Overdrafts - CCA Information

Nat West have been back in touch, apparently they were adding lots of charges on a daily basis and wanted me to pay.

I asked for a copy of the agreement and a breakdown of how the charges on the alleged agreement were calculated.

They have written back and wiped out all the additional charges that they were adding over the past couple of years bar £150's worth of some random charge but would still like paying.

So I have again asked for a copy of the agreement and a breakdown of how the charges on the alleged agreement were calculated.

Lets see what happens.....

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=benadabec;391090]Similar to Pixie on 9th Feb, I've had a letter back from Barclays regarding the Statute Barred letter I had sent to them. They apologised for the inconvenience and while they disagree that the account is statute barred, they have sent a cheque for £50 as a result of the complaint the SB letter raised.

Do I bank the cheque? Would I open myself up to any acknowledgement of the account/debt by accepting it?[/QUOTE]

I'm assuming it would be safe to bank it as Niddy advised me. If the account's SB I wouldn't think that acknowledgement would be an issue.

[benadabec]

Re: Overdrafts - CCA Information

Similar to Pixie on 9th Feb, I've had a letter back from Barclays regarding the Statute Barred letter I had sent to them. They apologised for the inconvenience and while they disagree that the account is statute barred, they have sent a cheque for £50 as a result of the complaint the SB letter raised.

Do I bank the cheque? Would I open myself up to any acknowledgement of the account/debt by accepting it?

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Agreed. Send SB letter. They'll soon get the gist ;)

[benadabec]

Re: Overdrafts - CCA Information

That makes sense. Thanks Pixie

[Pixie]

Re: Overdrafts - CCA Information

They can't take action as far as going to court but the y can still chase you.

If it gets passed to a dca I would send the SB letter.