Unenforceable Overdrafts - CCA Information

[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

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

[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.

[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.

[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?

[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

Thanks nanna58.
I am thinking it would, though would be grateful for any opinions either way.

[Never-In-Doubt]

Re: Unenforceable Overdrafts - CCA Information

I've replied to your message :)

[DoubtingThomas]

Hello All
A question relating to overdrafts possibly being unenforceable:-
If, after a claim for interest charges to be refunded in relation to an overdraft and FOS decide the bank was right to charge interest when the overdraft went belly-up and led to a default etc, does this decision by them invalidate any claim that the overdraft is unenforceable as the interest charges applied by the bank took it over the agreed limit and the account may therefore become regulated and subject to a CCA - as outlined in the first letter in this thread of NID's...OR...is it a separate issue entirely?
DT

[Never-In-Doubt]

Yes, send a CCA request for the overdraft.

They’ll write back saying it’s not relevant. Fine. It’s UE when they do that as they’re in default. There should be annual statements etc - the lot.

[DoubtingThomas]

Thanks NID. I will start a thread in private area as still under scrutiny and needs privacy
DT

[DoubtingThomas]

Before I do that, was it more or less decided that the changes in the rules applied retrospectively re existing overdrafts? I appreciate every case is different, but I don't want to waste anyone's time.
I have been battling the bank concerned for about 5 years now over this. I don't want to waste anyone's time
Thanks
DT

[Never-In-Doubt]

No rules have changed recently affecting this. Send an overdraft cca :)

[DNW]

Do overdrafts become statute-barred in the same way that other debts do?

We've got an OD which was last paid 6 years ago and the only correspondence sent has been appropriate AAD templates, to which we've heard nothing back for 5 years so I was just wondering if I can mark this one in my file as SB now?

[cymruambyth]

I think they do. I believe mortgages are 12 years but all the rest are 6