Unenforceable Overdrafts - CCA Information

[debtguy]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;560376]Joanna Connolly Solicitors. -> [URL]http://joannaconnollysolicitors.co.uk[/URL]
[/QUOTE]

Thanks - great!

[QUOTE=Never-In-Doubt;560376]
I thought it was a good film, weird how only one guy had a conscience and knew it was wrong what they were doing..... ;)[/QUOTE]

Yes, I thought that too - bloody financiers!

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

[QUOTE=scottygees;560478]I am sure we requested adding my wife to the account but I am also sure that we didn't have to sign anything.So should I still send the CCA request for this account?

[QUOTE=Never-In-Doubt;560454]It's UE if they've not issued annual statements so keep that under your hat.

Regards your mrs being added. That's pretty naughty - they can't convert sole -> joint without you requesting it.[/QUOTE][/QUOTE]no. I'd leave it well alone ;)

[scottygees]

Re: Unenforceable Overdrafts - CCA Information

Now that little wink has confused me! [QUOTE=Never-In-Doubt;560504]no. I'd leave it well alone ;)[/QUOTE]

[Roger]

Re: Unenforceable Overdrafts - CCA Information

A nod is a good as a wink!
Say no more!

[scottygees]

Re: Unenforceable Overdrafts - CCA Information

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=Roger;560570]A nod is a good as a wink!
Say no more![/QUOTE]

[Roger]

Re: Unenforceable Overdrafts - CCA Information

Re: Unenforceable Overdrafts - CCA Information[INDENT]
[IMG]http://forums.all-about-debt.co.uk/images/metro/orange/misc/quote_icon.png[/IMG] Originally Posted by [B]scottygees[/B] [URL="http://forums.all-about-debt.co.uk/showthread.php?p=560478#post560478"][IMG]http://forums.all-about-debt.co.uk/images/metro/orange/buttons/viewpost-right.png[/IMG][/URL]
I am sure we requested adding my wife to the account but I am also sure that we didn't have to sign anything.So should I still send the CCA request for this account?


[IMG]http://forums.all-about-debt.co.uk/images/metro/orange/misc/quote_icon.png[/IMG] Originally Posted by [B]Never-In-Doubt[/B] [URL="http://forums.all-about-debt.co.uk/showthread.php?p=560454#post560454"][IMG]http://forums.all-about-debt.co.uk/images/metro/orange/buttons/viewpost-right.png[/IMG][/URL]
It's UE if they've not issued annual statements so keep that under your hat.

Regards your mrs being added. That's pretty naughty - they can't convert sole -> joint without you requesting it.



Niddy
6th April 2016, 23:46 [URL="http://forums.all-about-debt.co.uk/showthread.php?4904-Unenforceable-Overdrafts-CCA-Information&p=560504&viewfull=1#post560504"]#257[/URL]



no. I'd leave it well alone [IMG]http://forums.all-about-debt.co.uk/images/smilies/Standard%20Smileys/wink.png[/IMG]
[/INDENT]

[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 :)

[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]

[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...

[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

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

[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

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...

[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

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