Unenforceable Overdrafts - CCA Information

[gravytrain]

Re: Overdrafts - CCA Information

Feb 2011, for the main (pre arranged overdraft)requirements, although the requirements for information on a defauled overdraft under section 74b would apply to existing agreements i think

[benadabec]

Re: Overdrafts - CCA Information

[QUOTE=benadabec;219431]Just received a response from Moorcroft regarding the overdraft credit agreement request. Barclays have stated that "in order to ensure that your data remains protected, all credit agreement requests must be hand-signed".

So Moorcroft have asked that I resend the signed request letter as soon as possible so they can action the request.

I know there's a regular CCA signature request letter but is there one for O/D's?[/QUOTE]


Following up from Moorcroft's letter of a few months back, I sent back the Signature by Creditor letter. Moorcroft replied saying they were passing this on to their client. After a prolonged silence, Moorcroft wrote a couple of days ago, repeating that Barclays requires a signature to complete any requests. Days later, Moorcroft have written again with a Possible Further Action letter which goes on to say unless full payment is received by 24th November, they will recommend further debt recovery is taken.

At this point I guess I should send the response part, pointing out the part they seem to have forgotten - that the info I requested still hasn't been sent or received?

[benadabec]

Re: Overdrafts - CCA Information

Moorcroft keep coming back saying that Barclays require all credit agreement requests to be hand signed and nothing will be processed without it.

I'm sending them the Signature Request - Formal Response letter now. I can see them just replying with the same response as above and after that they'll go back to the threatening letters. This is getting pretty frustrating now, they're hanging on to this like a dog with a bone and we keep going round in circles :nohair

[SaltnVinegar]

Re: Overdrafts - CCA Information

[QUOTE=benadabec;262053]Moorcroft keep coming back saying that Barclays require all credit agreement requests to be hand signed and nothing will be processed without it.

I'm sending them the Signature Request - Formal Response letter now. I can see them just replying with the same response as above and after that they'll go back to the threatening letters. This is getting pretty frustrating now, they're hanging on to this like a dog with a bone and we keep going round in circles :nohair[/QUOTE]

Have you got married/changed your name since the alleged agreement may have been signed (or not as the case may be)

[cymruambyth]

Re: Overdrafts - CCA Information

In this situation I tend to do a totally wrong signature!

[benadabec]

Re: Overdrafts - CCA Information

[QUOTE=SaltnVinegar;262060]Have you got married/changed your name since the alleged agreement may have been signed (or not as the case may be)[/QUOTE]

No, nothing has changed in the 20 odd years since opening the account, apart from changing numerous addresses.



[QUOTE=cymruambyth;262063]In this situation I tend to do a totally wrong signature![/QUOTE]

I thought that, but I'm sure they'd reply with the 'your signature doesn't match our records' bull!

[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?

[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

[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.

[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.

[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

[cymruambyth]

Re: Overdrafts - CCA Information

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

[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

[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)

[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.