Annual Statements of Account?

[Never-In-Doubt]

Re: Annual Statements of Account?

Hi Niddy.
Originally thought the ccj contained the O/D with the loan as it was High ie loan andO/D added together since I did a SAR found this not to be the case the ccj is loan only (paying all up to date) I know the ccj will not be SB paying anyway. But the O/D surfaced with the SAR showing interest being added monthly and increasing heading towards what was an agreed O/D. Have not used the acc for 4 years at least when entered dmp what I was asking as I have not made any payments to that ac with O/D have had no contact about the acc will it become SB in 2016 or will the interest they are adding but not informing me about keep the acc live. Hope that makes sense.

Ok as the loan and OD was not added together, never say that again as it confuses everything

Basically your accounts, as per my last post, will be SB 6 years from date YOU last paid or acknowledged the debt. The bank can add £20k to it, but if you didn't spend, pay or acknowledge then tough - so as for the SB date, this will be 6yrs from the date you last paid into the DMP - is that is 2016? You tell me (ie when did you last pay into this account)?

[helmsman]

Re: Annual Statements of Account?

Ok as the loan and OD was not added together, never say that again as it confuses everything

Basically your accounts, as per my last post, will be SB 6 years from date YOU last paid or acknowledged the debt. The bank can add £20k to it, but if you didn't spend, pay or acknowledge then tough - so as for the SB date, this will be 6yrs from the date you last paid into the DMP - is that is 2016? You tell me (ie when did you last pay into this account)?

Hi Niddy,
Thanks for clarifying last paid into dmp aug 2010 have not had any contact with the bank. Stopped using the O/D acc 1n 2007 when started dmp.
Thanks as always (for your patience)
Merry Xmas to everyone.

[PlanB]

Re: Annual Statements of Account?

I'm still curious to know whether failing to send this information annually has any negative impact on the banks' ability to enforce in court. Can they send them retrospectively to remedy that? I've had none since my HSBC account was opened in 1970s with an agreed OD limit which I never exceeded until last year.

[PlanB]

Re: Annual Statements of Account?

Also in order to enforce in court does the Bank have to produce the original OD agreement as proof of breach of any Ts & Cs, or does the OD's existence say it all

[Never-In-Doubt]

Re: Annual Statements of Account?

I'm still curious to know whether failing to send this information annually has any negative impact on the banks' ability to enforce in court. Can they send them retrospectively to remedy that? I've had none since my HSBC account was opened in 1970s with an agreed OD limit which I never exceeded until last year.

It would not affect anything enforceability wise, it is a minor breach, kind of like the lender not sending an annual statement in line with current legislation.

You could complain to the Ombudsman - that's about your lot.

[Never-In-Doubt]

Re: Annual Statements of Account?

Also in order to enforce in court does the Bank have to produce the original OD agreement as proof of breach of any Ts & Cs, or does the OD's existence say it all

To enforce in court they'd still have to provide the standard documents as per agreement i.e. prove that you agreed to the terms and conditions therein.

If they cannot, ie no paperwork, then you'd have a fighting chance BUT bear in mind you have no CCA protection like s.127 etc etc.....

[garlok]

Re: Annual Statements of Account?

Whilst we can have the discussion here, I suppose we will have to wait and see if any case law gets established on the specifics of the OD regulations. As it stands I can't find any which could give a clear indication.

regards
Garlok

[PlanB]

Re: Annual Statements of Account?

It would not affect anything enforceability wise, it is a minor breach, kind of like the lender not sending an annual statement in line with current legislation.

You could complain to the Ombudsman - that's about your lot.

Something tells me that the FOS aren't minded to uphold complaints about HSBC these days

[Never-In-Doubt]

Re: Annual Statements of Account?

Something tells me that the FOS aren't minded to uphold complaints about HSBC these days

Did you like your membership here before your ban?

[PlanB]

Re: Annual Statements of Account?

To enforce in court they'd still have to provide the standard documents as per agreement i.e. prove that you agreed to the terms and conditions therein.

If they cannot, ie no paperwork, then you'd have a fighting chance BUT bear in mind you have no CCA protection like s.127 etc etc.....

In the very least writing to a DCA to ask for the original documents could work as a delaying tactic. And since most DCAs have zippo knowledge of consumer law they may well take fright and send back it back to the lender That'll be another two months peace and quiet!

[garlok]

Re: Annual Statements of Account?

My thoughts really on the subject PlanB.

regards
Garlok

[Never-In-Doubt]

Re: Annual Statements of Account?

In the very least writing to a DCA to ask for the original documents could work as a delaying tactic. And since most DCAs have zippo knowledge of consumer law they may well take fright and send back it back to the lender That'll be another two months peace and quiet!

Well actually you'd have no provision to request documents other than part of SAR.

You cannot demand they comply with s.74(a) or s.74(b) - if they do not then you complain to the regulator. Does it sound like I am pro-bank or does it sound like the system sucks?

[garlok]

Re: Annual Statements of Account?

The system definitely sucks mate, as we have all found out one way or another.

regards
Garlok

[mk_chatham]

Re: Annual Statements of Account?

Hi

I am now helping a family friend with multiple debts which he has been paying £1 per month to for a couple of years.

He has never received any type of statement from any of the DCAs. Most appear to be acting as agents, a couple of the debts have now been assigned to new owners.

I was thinking of writing the letter below to all of the DCAs and to obtain copies of his credit report from the CRAs to get an accurate total of his debt. Not sure if any are old enough to consider UE.

He has been paying these debts so it does not matter that he is acknowledging them. To be sent signed for

Dear Sir

I have been making token payments of £1.00 per month since XX/XX/XXXX to you for the above mentioned account. I have never received a statement from you showing that these payments have been credited to my account.

As you are no doubt aware you have an obligation under the Consumer Credit Act to send me a statement of account at least once a year; you do not appear to have done so.

I would be grateful for a statement showing all payments received since XX/XX/XXXX and the balance outstanding on this account.

Yours faithfully

Signed Digitally.

Is there anything you think I should add to this, or anything important that I have missed out.

Thanks

MK

[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????