Unenforceable Overdrafts - CCA Information

[Flossy]

Re: Flossy UE Diary & YB Hassle

They deserved that letter and to be honest I am glad I sent it... Id be very interested in what they come back with! You are right though, they said that the O/D was not covered by CCA.... So, they got the none insulting (just very very strong worded) letter instead :lol

As soon as I get a letter back you will be the first to know what they say!:rotf

[mgfboy]

Re: Annual Statements of Account?

Interesting thread, so do they still need to provide annual statements even once they have defaulted an account, if it be OD, loan etc?????

Also once HSBC caused the OD to go over the limit the account became regulated????

[CleverClogs (RIP)]

Re: Pookies UE Diary

[QUOTE=pooksthebear;154808][B]Mackenzie hall - working on behalf of Capquest(disputed mobile phone debt[/B]. They set Meritforce on me and I sent them doorstep threat letter. Now its passed to Connect on behalf of Capquest. Have ignored letter demanding payment. Still no agreement.[/QUOTE]
As it was not a regulated consumer credit agreement, they do not need to send such an agreement as that agreement does not exist. However, the creditor does need to prove that the money is owed and that, if the alleged debt has been assigned to them, that the alleged debt is owed to them.

[QUOTE][B]Cabot - (bank overdraft[/B]). Still don't know if they have authority to collect the debt but they told me they don't have to produce agreement and they are right.[/QUOTE]
No, they're not.

The law has been changed ([URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"][B]link[/B][/URL] and overdrafts are no longer excluded. They now have to comply with section 61A ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61A"][B]link[/B][/URL] - duty to supply copy of executed consumer credit agreement) and/or section 61B ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61B"][B]link[/B][/URL] - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt.

[QUOTE]Currently they are ringing me a dozen times a day (from various different numbers) on my house phone and mobile but I am just rejecting all the calls. Getting me down a bit though now cos they ring at all hours of every day.[/QUOTE]
It's about time that was stopped.

Send the jerks a copy of the telephone harassment letter - [URL="http://www.all-about-debt.co.uk/templates/harassment/t2.php"][B]link[/B][/URL].

[pooksthebear]

Re: Pookies UE Diary

[QUOTE=CleverClogs;154862]



[I]The law has been changed ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"][B][I]link[/I][/B][/URL][I] and overdrafts are no longer excluded. They now have to comply with section 61A ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61A"][B][I]link[/I][/B][/URL][I] - duty to supply copy of executed consumer credit agreement) and/or section 61B ([/I][URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61B"][B][I]link[/I][/B][/URL][I] - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt[/I].


[I]Send the jerks a copy of the telephone harassment letter - [/I][URL="http://www.all-about-debt.co.uk/templates/harassment/t2.php"][B][I]link[/I][/B][/URL].[/QUOTE]

Oh I didnt know that, has it recently been changed then? Is there a template letter I could send them as they refused to comply with the first request saying it was not covered by the consumer credit act and therefore they did not need to send it.


Thank you, will send them the telephone harrassment letter and a new letter asking for the CCA ;)

[Pixie]

Re: Pookies UE Diary

[QUOTE=pooksthebear;155549]I have had no demands for payment from anyone (except capquest/mackenzie hall/meritforce/connect). I (alledgedly) owe them £51. Havnt paid anything on this since 2009 and I actually thought I had paid it off. I havnt paid anything to anyone else since October. They all defaulted me years ago,[/QUOTE]

I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work :grinning

[QUOTE=pooksthebear;155549]RBS sent my CCA but deemed unenforceable, CL finance sent my CCA but we think that is enforceable, CABOT refused to send as its an overdraft and they said they didnt have to. Soooo... could these 3 just start court action without me knowing until court papers arrive?[/QUOTE]

It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

I have a couple of enforceable debts which I haven't heard much about for quite some time.

[QUOTE=pooksthebear;155549]Capquest, Debt Managers and Arrow Global have not responded to my CCA request. Can these also start court action without me knowing until court papers arrive?[/QUOTE]

They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.

[QUOTE=pooksthebear;155549]Im worried now... Two defaults are over 6 years old and should be off my credit file (but are still showing), another one due off in March. Dont fancy having ccjs replacing them.[/QUOTE]

Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

Please stop worrying over things that 'might' happen.

[pooksthebear]

Re: Pookies UE Diary

[QUOTE=Pixie;155560]I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work :grinning



It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

I have a couple of enforceable debts which I haven't heard much about for quite some time.



They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.



Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

Please stop worrying over things that 'might' happen.[/QUOTE]


Thank you Pixie ;)

Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!

[CleverClogs (RIP)]

Re: Pookies UE Diary

[QUOTE=pooksthebear;155851]Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!![/QUOTE]
Which they are, of course.

They're busy bothering other people who don't fight back. :grinning

[DNW]

Re: Pookies UE Diary

[QUOTE=CleverClogs;154862]As it was not a regulated consumer credit agreement, they do not need to send such an agreement as that agreement does not exist. However, the creditor does need to prove that the money is owed and that, if the alleged debt has been assigned to them, that the alleged debt is owed to them.


No, they're not.

The law has been changed ([URL="http://www.legislation.gov.uk/ukpga/1974/39/part/VA"][B]link[/B][/URL] and overdrafts are no longer excluded. They now have to comply with section 61A ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61A"][B]link[/B][/URL] - duty to supply copy of executed consumer credit agreement) and/or section 61B ([URL="http://www.legislation.gov.uk/ukpga/1974/39/section/61B"][B]link[/B][/URL] - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt.


It's about time that was stopped.
[/QUOTE]

[QUOTE=pooksthebear;155545]Oh I didnt know that, has it recently been changed then? Is there a template letter I could send them as they refused to comply with the first request saying it was not covered by the consumer credit act and therefore they did not need to send it.
[/QUOTE]



I'm also very interested to know if there's a template/letter to be sent - our overdraft account has just been passed to DCA a couple of days ago and I've sent nothing in response as yet.

[DNW]

Re: DNW's UE Diary

[QUOTE=Drowning Not Waving;103753][SIZE=6][COLOR=DarkOrchid][COLOR=Magenta]Natwest Overdraft[/COLOR][/COLOR][/SIZE]

[code]
[B][FONT=Courier New]Name[/FONT][/B][FONT=Courier New] - Natwest[/FONT]
[FONT=courier new][B]Type of account[/B] - Overdraft[/FONT]
[FONT=courier new][B]Date commenced[/B] - Oct 2000[/FONT]
[FONT=courier new][B]Approx balance[/B] - £2,181[/FONT]
[FONT=courier new][B]Date last paid[/B] - Mar-11 [/FONT]
[FONT=courier new][B]Arrangement/not paying[/B] - Not paying[/FONT]
[FONT=courier new][B]Status[/B] - In Arrears [/FONT]
[FONT=courier new][B]Account owner[/B] - Lender
[/FONT]
[/code][B]Key:[/B]
[COLOR=Red]Them[/COLOR]
[COLOR=Blue]Me[/COLOR]
[COLOR=Lime]Other[/COLOR]

[B][U]Activity[/U][/B]
[LIST=1][*][COLOR=red]31/05/11 Letter refusing to accept I&E form[/COLOR][*][COLOR=red]04/07/11 Letter reminding over OD limit and chages now £6 per day[/COLOR][*][COLOR=red]12/07/11 Letter asking for contact to discuss[/COLOR][*][COLOR=Blue]12/07/11 Phone call - Natwest won't default until balance reaches -£2250. I&E completed verbally[/COLOR][*][COLOR=red]04/07/11 Overlimit OD - £6 per day charges[/COLOR][*][COLOR=red]02/08/11 Letter asking for I&E[/COLOR][*][COLOR=red]04/08/11 Unarranged OD fee warning[/COLOR][*][COLOR=red]05/08/11 Breakdown of OD fees[/COLOR][*][COLOR=red][COLOR=Blue]30/08/11 Ceased token payment (to hurry along the default)[/COLOR]
[/COLOR][*][COLOR=red]12/09/11 Letter from Natwest - please contact us (ignored)[/COLOR][*][COLOR=red]29/09/11 [/COLOR][COLOR=red]Letter from Natwest - please contact us (ignored)[/COLOR][*][COLOR=red]11/10/11 Letter from Power 2 Contact - please contact us (ignored)[/COLOR][*][COLOR=red]19/10/11 Doorstep visit from Power 2 Contact (answered and contact card left for OH)[/COLOR][*][COLOR=red]19/10/11 [COLOR=Blue]Letter sent to Natwest - No visits and please consider stopping/refunding charges[/COLOR][/COLOR][*][COLOR=red]04/11/11 Letter from Natwest - they're sorry I had to complain, they're looking into it[/COLOR][*][COLOR=red]14/11/11 Letter from Natwest - they're still investigating complaint
[/COLOR][*][COLOR=red]16/12/11 Letter from Natwest - Notice of intention to file a default, and DN received[/COLOR][*][COLOR=red]19/12/11 Letter from Natwest - Notice of default sums[/COLOR] (they charged £30 to issue a DN!)[*][COLOR=red]05/01/12 Letter from Natwest - It's not to late to contact us to sort this out[/COLOR][*][COLOR=red]18/01/12 Letter from Natwest - Terminating overdraft agreement and demand the account is paid in full. However they also offer the option to agree a mutually acceptable repayment plan.[/COLOR][*][COLOR=red][COLOR=Blue]31/01/12 Sent to Natwest - letter requesting refund of charges and resumed token payments[/COLOR]
[/COLOR][/LIST][/QUOTE]


[B]UPDATE[/B]

[COLOR="Red"]10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.[/COLOR]


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again? :confused

[Deepie]

Re: DNW's UE Diary

[QUOTE=Drowning Not Waving;156020][B]UPDATE[/B]

[COLOR=red]10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.[/COLOR]


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again? :confused[/QUOTE]
I Found this ..> [URL]http://forums.all-about-debt.co.uk/showpost.php?p=149318&postcount=44[/URL]


[B]Added by Niddy[/B]
But it is not suitable for you however it does explain overdrafts and what the bank do need to send to you.

[Never-In-Doubt]

Re: DNW's UE Diary

[QUOTE=Drowning Not Waving;156020][B]UPDATE[/B]

[COLOR=Red]10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.[/COLOR]


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again? :confused[/QUOTE] Hiya

Before commencing any payments please speak to myself or I2D as we tend to follow what the right thing to do is - you made an error of judgment and should not have recommenced payments here.

However not a lot we can do, it's done now.

I would either continue repaying small token payments now, the overdraft fight is still quite new and yes, you will notice on this thread I have touched on it a bit - read the first couple of pages leading up to the template here (---> [URL="http://forums.all-about-debt.co.uk/showthread.php?p=149318#post149318"]Flossy UE Diary YB Hassle - Page 3 - allaboutFORUMS[/URL] ) however banks etc still fob us off and [B]may [/B]still take action.

See if you can get a refund of charges etc first - that should bring the balance down a lot.....

[GlobalC]

Re: globalcrossings's UE diary

Thanks I2d, mbna im waiting for them to default me or at least write something meaningful, will update.

Am i right in thinking that overdrafts are always enforceable, and that if i stop payments i would be looking at defaulting and making f&f's?

I always thought the PO card would be enforeceable but i guess there's no harm in trying.

Thanks

[Never-In-Doubt]

Re: globalcrossings's UE diary

Did you see this regards OD's: ---> [B][URL="http://forums.all-about-debt.co.uk/showthread.php?p=149318#post149318"]Flossy UE Diary YB Hassle - Page 3 - allaboutFORUMS[/URL][/B]

Not always enforceable but just cease paying, and they will eventually bugger off :lol

[Deepie]

Re: globalcrossings's UE diary

[QUOTE=globalcrossings;156049]Thanks I2d, mbna im waiting for them to default me or at least write something meaningful, will update.

Am i right in thinking that overdrafts are always enforceable, and that if i stop payments i would be looking at defaulting and making f&f's?

I always thought the PO card would be enforeceable but i guess there's no harm in trying.

Thanks[/QUOTE]
Have a read here about overdrafts >....[URL]http://forums.all-about-debt.co.uk/showpost.php?p=156036&postcount=322[/URL]

[GlobalC]

Re: globalcrossings's UE diary

Thanks once again everyone for your tremendous help, i will now stop paying into this overdraft and will update as and when. I did forget to mention that i actually have 2 Natpest overdrafts and a buisness overdraft to all of which i will not be paying into. Buisness OD i have not payed into for over a year.
Will send off a cca to PO:luck