Unenforceable Overdrafts - CCA Information

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=fredbare;192836]Hi

Can anyone tell me please if a bank has to send a default notice for an overdraft.

Thank you


Fredbare[/QUOTE] Yes - exactly the same as all other accounts. They are bound under s.87 & s.88 of CCA1974 to issue one and give a clear 14 day remedy period prior to enforcement.

:tongue

[fredbare]

Re: Overdrafts - CCA Information

Thanks Niddy

Does this apply to overdrafts wholly made up of bank charges as well. The latest letter I have received implies a default has been registered but I have never received a default notice.

Thanks again

Fredbare

[kilasuit]

Re: Overdrafts - CCA Information

Again no matter what the overdraft consists of it still needs a default notice and period to remedy the default.

[fredbare]

Re: Overdrafts - CCA Information

Hi Kilasuit

Thank you for that quick reply, I assume I keep that information to myself for now.

Thanks again, much appreciated

Fredbare

[Flossy]

Re: Overdrafts - CCA Information

[QUOTE=Never-In-Doubt;170254]My thread regards this matter can be found here: ---> [url="http://forums.all-about-debt.co.uk/showthread.php?t=5384"]allaboutFORUMS | Niddy vs Marlin/Mortimer Clarke & Yorkshire Bank[/url]

* you need to be invited to this section so please PM a mod for access and if they can vouch for you, then you'll get in. Any problems PM me.

Thanks[/QUOTE]

I cant access this section

[Flossy]

Re: Overdrafts - CCA Information

I didnt get a Default notice from the YB and Cabot wouldnt send a CCA despite sending 2 letters off. They refused to communicate any further after the 2nd letter.

As you may have seen on my UE Diary that I settled with Cabot due to a bad defence that was done before I joined this site. I did pay them off and was/am not happy I had to but, I settled for less than a third of the original amount.

As the Boss :niddy says to be careful as most of these companies are very quick to litigate! I had an agreement in writing with the YB and they sold both my O/D and CC A/C's to Cabot in the first few weeks without any warning!

I think mine was slightly different due to the bad defence for the O/D but still fighting the CC with Cabot.

I'd love to hear what replies you all get from your CCA's, etc.. Keep me up dated Kilasuit / Fredbare and of course the Boss (didn't know you where fighting them as well!

[Pixie]

Re: Overdrafts - CCA Information

I sent the template letter to Moorcroft for my LTSB OD. I didn't get a 'go away' letter back but a letter saying that I must provide the £1 fee for the request to be actioned.

Not sure if I should send £1 PO or not?

[Never-In-Doubt]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;196001]I sent the template letter to Moorcroft for my LTSB OD. I didn't get a 'go away' letter back but a letter saying that I must provide the £1 fee for the request to be actioned.

Not sure if I should send £1 PO or not?[/QUOTE] You're not requesting info under CCA s.78 are you so no, no £1 is required. However I'd be tempted to send it and see what they say/do.... if you can afford a spare couple of quid of course :pale

[Pixie]

Re: Overdrafts - CCA Information

A spare couple of quid is harder to get hold of than you think!

I'll copper up and send a PO. Let's see what I get back :lol

[Bricktop]

Re: Overdrafts - CCA Information

I have an OD with the Nat West, brief background in post #19 in my diary thread [URL="http://forums.all-about-debt.co.uk/showthread.php?t=6327"][B]Here[/B][/URL]

Can anyone offer any advice as to my options, what I should do/send to start getting this sorted out ?

Many thanks for any advice given.

[Never-In-Doubt]

Re: Overdrafts - CCA Information

Natwest OD - why are u paying £1 per month?

I'd stop and try and get it SB. If they get heavy then try utilising the OD template but if you're paying you need to reclaim charges so it may be best stopping all payments for now. Save the £1's and if they get too heavy then consider an offer. OD's are exempt from traditional s.78 fights.

The above is what I'd do anyway :beer

[Bricktop]

Re: Overdrafts - CCA Information

Cheers Niddy,

I will take your advice, quietly remove my standing order and see if they notice :wink

Top man, top forum

:champ

[PlanB]

Re: Overdrafts - CCA Information

[QUOTE=Bricktop;198545]I have an OD with the Nat West, brief background in post #19 in my diary thread [URL="http://forums.all-about-debt.co.uk/showthread.php?t=6327"][B]Here[/B][/URL]

Can anyone offer any advice as to my options, what I should do/send to start getting this sorted out ?

Many thanks for any advice given.[/QUOTE]

In your diary you say that you have a mortgage on your home, a credit card account (£7k), and a secured loan all with NatWest but I can't see the details of that loan on your thread :confuse2

[Bricktop]

Re: Overdrafts - CCA Information

Well spotted !

As the loan is secured and runs out in 2-3 years I didn't think it wise to mess around with it, I classed that one as a priority debt, and as such am paying it 100% each month.

[Pixie]

Re: Overdrafts - CCA Information

[QUOTE=Pixie;196011]A spare couple of quid is harder to get hold of than you think!

I'll copper up and send a PO. Let's see what I get back :lol[/QUOTE]

I didn't manage to copper up the couple of quid to send a PO :frown

I've now received a litigation warning letter from Midas Credit Services (obviously still part of Moorcroft) It says that as I've failed to reach a repayment agreement they are reviewing the account prior to the possible recommending of legal action by external solicitors acting on behalf of their clients.

Any suggestions as to what I should send back (if anything)?