Unenforceable Overdrafts - CCA Information

[Pixie]

Re: Overdrafts - CCA Information

Seems like I confused RobWay/Horwich Farrelly enough that they've given up the ghost :lol

I've received a letter which purports to come from LTSB (but I know it's actually from the dca) saying that the bank account has been passed to Mackenzie Hall for collection.

I'll send SH's overdraft version of SWID [url="http://forums.all-about-debt.co.uk/showpost.php?p=283174&postcount=852"]allaboutFORUMS - View Single Post - spent2much UE diary[/url]

[cymruambyth]

Re: Overdrafts - CCA Information

Yes I battled them pre AAD and they seemed to tail off after I defeated them in small claims for a case against my OH.

[Pixie]

Re: Overdrafts - CCA Information

Nice to know Cym :)

They've been quite persistent blighters though...

[cymruambyth]

Re: Overdrafts - CCA Information

HFCS are easily confused over LTSB overdrafts :)

[Pixie]

Re: Overdrafts - CCA Information

I think I'm just confusing them :lol

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Nice one :)

[Pixie]

Re: Overdrafts - CCA Information

I resent the second OD letter to Horwich Farrelly and they've replied saying that they've asked for a copy of the agreement or document to verify that I'm liable to pay the amount due so the account is on temporary hold.

[Pixie]

Re: Overdrafts - CCA Information

I've had another letter from Horwich Farrelly solicitors re my LTSB OD. I hadn't heard from them/RobbersWay for a good few weeks so I was hoping they'd given up.

They say they may take court action unless I take steps to resolve the matter quickly. I've already got one CCJ (paying £1 per month) and not too bothered about getting another.

I'm working at the moment but that comes to an end in a few weeks and I'm not sure what the situation will be after that. As I work in schools there is no work (and so no pay) during school holidays so I can't really offer them anything in payment...and I'm sure their idea of "an affordable repayment" will be totally different to mine!

I'm not sure how to respond to them. Any ideas? (they've had sold in dispute and the OD letters)

[DoubtingThomas]

Re: Overdrafts - CCA Information

Hello all
I have to start a thread at some point soon, but in the meantime, I thought you may be interested to see NW's response to Nid's letter regarding a CCA on an overdraft.


".....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 and does not need to be provided ... under the terms of Section 78. Additionally, all borrowing facilities are agreed in accordance with the terms and conditions of the account and overdraft facilities are finalised by way of a confirmation letter.
In your letter you make reference to the Consumer Credit Act(1974) Section 74. This section was updated when the consumer Credit(EU DIRECTIVE) Regulations came into force on 1-2-2011. Therefore at the time your overdraft was agreed this was not the law and as I mentioned above the Bank does not require our customers to sign an agreement for an overdraft to be added to their account,therefore we are not required to provide an agreement.
The .......sent us also makes reference to an annual statement. This again, did not come into force until 1-2-2011 and the annual(at a minimum) statement is to confirm interest and charges applied to the account.

When an account enters recoveries it is made exempt from interest and charges in line with the policy for Department.As no interest or charges are being applied to the account the Bank is not required to issue an annual statement."

DT
The letter on post 89

[cymruambyth]

Re: Overdrafts - CCA Information

They have always complied with my requests when the wrong signature has been supplied!

[DoTheyMeanMe]

Re: Overdrafts - CCA Information

Originally Posted by [B]cymruambyth[/B] [URL="http://forums.all-about-debt.co.uk/showthread.php?p=262063#post262063"][IMG]http://forums.all-about-debt.co.uk/orange/buttons/viewpost.gif[/IMG][/URL]
[I]In this situation I tend to do a totally wrong signature![/I]

[COLOR=Blue]I thought that, but I'm sure they'd reply with the 'your signature doesn't match our records' bull! [/COLOR]

In this situation, what I do is send it with an 'amended' signature. One that looks like my normal one but is sufficiently different that I would spot if it has been 'lifted' for use elsewhere.

Of course this is assuming you want a reply rather than just using stalling tactics in which case I would maintain the 'signature not required' stance

[Pixie]

Re: Overdrafts - CCA Information

I sent that letter before Christmas and at the beginning received a letter threatening a doorstep visit. I sent the doorstep visit template and this week I have received a very terse letter saying they have noted my comments with regards to a home visit and they want me to send my payment proposal within 14 days.

They seem to have completely overlooked my letter from before Christmas so I'll send a one-liner referring them to that.

[Pixie]

Re: Overdrafts - CCA Information

Received a letter back from Robbers Way in response to my "account sold whilst in dispute" letter.

I'll send the response letter in post 1.

[DoubtingThomas]

Re: Overdrafts - CCA Information

I would also be interested in the point at which you would consider it is not "taking the fight to them", but standing up to them, Niddy. For example,might it be when they say "we will refer this to our legal department", or when they actually do, in which case you may well receive a lba. It would be helpful to know in my own case.
Thanks DT

[DoubtingThomas]

Re: Overdrafts - CCA Information

Hello, a very useful and helpful thead, thank you. Do the letters at the beginning of this thread (NID's) still apply as I would like to use them?