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  • #46
    Thank you both - really appreciate your help!

    Comment


    • #47
      PRA have told me that with regards to my Natwest Overdraft - they are "unable to fulfil my request for a copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974."

      As mentioned in post #11 by Di - an overdraft is covered in s78. Any ideas what my next step is?

      Debt No 2

      Even though this was an overdraft you can still send the s 77-79 CCA Request since a recent county court judgment ruled that overdrafts are covered by s 78 Consumer Credit Act.

      Read this post by Joanna Connolly >

      Thanks!

      Comment


      • #48
        Originally posted by MrsH View Post
        PRA have told me that with regards to my Natwest Overdraft - they are "unable to fulfil my request for a copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974."

        As mentioned in post #11 by Di - an overdraft is covered in s78. Any ideas what my next step is?

        Your next step is to do nothing if this is the debt in post # 4.

        (It helps the forum if you re-quote or Cut & Paste the history of each account when you have new information to add and update.)

        Di
        Legal Disclaimer

        I am a Litigation Executive at
        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #49
          Hi Di - apologies, hope I've done it correctly this time...

          It is regarding the debt below.

          Many thanks, MrsH


          Overdraft (Natwest)
          Unsure of date - Had an overdraft since before 2005
          386
          August 2010
          Arrangement
          In arrears (My reduced monthly payments are up to date)
          PRA Group

          10/07/19 - CCA request sent.

          15/07/19 - Letter received from PRA "We are unable to fulfil your request for a copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974." Then they go on to say "Our fully trained agents will discuss your account further with you and help you come to a mutually acceptable agreement in order to settle your outstanding balance."


          Comment


          • #50
            Originally posted by MrsH View Post
            Hi Di - apologies, hope I've done it correctly this time...

            It is regarding the debt below.

            Many thanks, MrsH


            Overdraft (Natwest)
            Unsure of date - Had an overdraft since before 2005
            386
            August 2010
            Arrangement
            In arrears (My reduced monthly payments are up to date)
            PRA Group

            10/07/19 - CCA request sent.

            15/07/19 - Letter received from PRA "We are unable to fulfil your request for a copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974." Then they go on to say "Our fully trained agents will discuss your account further with you and help you come to a mutually acceptable agreement in order to settle your outstanding balance."


            No need to apologise, this isn't school

            Can you clarify whether this was an arranged overdraft and what happened in August 2010?

            When did NatWest assign the account to PRA?

            Are you still making payments?

            Di
            Legal Disclaimer

            I am a Litigation Executive at
            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #51

              Can you clarify whether this was an arranged overdraft and what happened in August 2010?

              When did NatWest assign the account to PRA?

              Are you still making payments?

              I'm not too sure if it is agreed or not - I did have an agreed overdraft on the account, but I can't remember whether this is just the overdraft or if I went overdrawn from charges to the account when I started making token payments in Aug/Sept 2010.

              It was assigned to PRA in January 2019.

              Yes I'm still making token payments to it.

              Thanks

              Comment

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