Stop Payments or offer Full and Final Payments

[Katsikaki]

Thanks nightwatch

[nightwatch]

Hi, I am unable to link you to the template for some reason, but if you are a member of AAD+ (fee paid) there is a template in the starting out section for bank accounts, or check the template button at the top of the page

NW

[Katsikaki]

nightwatch

The one on the attached pic?

Thanks

[nightwatch]

Yes I think that is the one.

NW

[Katsikaki]

A quick update from Lowell for debts in posts #10 and #11.

I received a letter today stating, 'We recently responded to your request for information. It is now important that you get in touch to agree how you'll repay your outstanding accounts.'

I have literally received a 'Your account remains on hold while we await the requested information from Aqua' letter for the debt in post #10 on 20th June and a 'You have requested documentation for your former Shop Direct account' way back on 21st May for post #11.

I have heard nothing since my initial CCA requests for these accounts. Do I simply ignore or respond telling them they have yet to fulfil my request?

Thanks

[Warwick65]

File and ignore . Do not at this stage prompt them about what they haven’t done

[nightwatch]

as Warwick says, just ignore, see what they send next,

[Katsikaki]

Thank you nightwatch, Warwick65

Just a quick thought, nightwatch, does that template you referenced earlier still apply even if the debt has been sold to a 3rd party? I'm unsure if it has or if it has merely been assigned to Wescot by Halifax.

[Warwick65]

Using that template is in my opinion fine. It will confuse the poor dears

[Joanna Connolly Solicitors]

I am unsure as to whether to CCA request my Halifax arranged overdraft, as previously these were never covered by the CCA rules. Has this position changed?

Yes it has changed

Well in fact it has always been the case (overdrafts covered by s78 CCA) but now there is a court ruling in support.

Jo explains it here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

My suggestion is to send the free AAD s77-79 CCA Request template which you'll find here in post #4 https://all-about-debt.co.uk/forum/d...mplate-letters

You need to include a £1 postal order for the statutory fee and send it Royal Mail Recorded/Signed for Delivery so you can Track & Trace it on their website.

Di

[Katsikaki]

Not according to Wescot. Is this a standard fob off letter? They have returned the letter I sent on 25th July that was recommended by nightwatch, along with the postal order and this covering letter.

Any advice on how to proceed?

Thanks

[Warwick65]

It looks very much like a standard fob off letter but they have changed tack since my day and are using different excuses. Bottom line is, they should comply and they haven’t .

[Joanna Connolly Solicitors]

Is this a standard fob off letter? They have returned the letter I sent on 25th July that was recommended by nightwatch, along with the postal order and this covering letter.

You need to remove that letter from your post as the Westcot reference identifies you.

Di

[Katsikaki]

Thanks Diana Mayhew, stupidly missed that. Modified.

[Joanna Connolly Solicitors]

They have returned the letter I sent on 25th July . . . . along with the postal order and this covering letter.

So they have acknowledged receipt of your s77/78 CCA Request. Keep that letter safe.

They may have returned your postal order, but that doesn't alter the fact that you sent it to them in the first place

However it appears you sent your CCA Request to Wescot (a debt collection agency) and not the debt owner which is Halifax.

Di