Fredbares UE Diary

[Enforcer]

Re: Fredbares UE Diary

Unenforceable until you get a reply.
Send letter creditor refusing to accept UE.

[ScabHunter]

Re: Fredbares UE Diary

The difficulty here is that this is a bank overdraft, and therefore a CCA request quoting s. 78 (credit cards) is entirely invalid. That is also the difficulty with Mrs. D's suggestion of sending the A/C Sold Whilst in Dispute letter, as it constantly refers to ss. 77-79, none of which relate to overdrafts.

It may be a better idea to start afresh with a request aimed specifically at the new legislation for overdrafts. It also sounds as though this alleged debt is made up largely of unfair charges, which would invalidate the default and most of the alleged debt itself.

For now, I would start by sending this -

Bank Accounts - CCA Request (Part 1) - allaboutDEBT UK

SH

[fredbare]

Re: Fredbares UE Diary

Thank you all

Do i send the cca request to hsbc or mkdp please, yes the alleged debt is all bank charges and as i have never received a default notice can the new owner register defaults as they are now the data controller.

Thank you
Fredbare

[Pixie]

Re: Fredbares UE Diary

Send it to whoever's chasing you for the debt.

As far as I know, if there's no default registered on your credit file the new owners can register one.

[fredbare]

Re: Fredbares UE Diary

Hi pixie

I havent checked my credit file so dont know if hsbc registered a default, also hsbc havent sent me a default notice. Does this mean mkdp can now send me a default notice and then register it with the cra.

I will send the cca letter to mkdp.

Thanks
Fredbare

[Pixie]

Re: Fredbares UE Diary

I would worry about that only if you receive one.

[fredbare]

Re: Fredbares UE Diary

Understood

Thank you pixie

Will keep thread updated

Thanks everyone

Fredbare

[fredbare]

Re: Fredbares UE Diary

[QUOTE=ScabHunter;304749]The difficulty here is that this is a bank overdraft, and therefore a CCA request quoting s. 78 (credit cards) is entirely invalid. That is also the difficulty with Mrs. D's suggestion of sending the A/C Sold Whilst in Dispute letter, as it constantly refers to ss. 77-79, none of which relate to overdrafts.

It may be a better idea to start afresh with a request aimed specifically at the new legislation for overdrafts. It also sounds as though this alleged debt is made up largely of unfair charges, which would invalidate the default and most of the alleged debt itself.

For now, I would start by sending this -

Bank Accounts - CCA Request (Part 1) - allaboutDEBT UK

CCA template sent yesterday, received by mk rapid recoveries today.

I sent the template unedited but thinking about it now the letter is worded as though the alleged debt is still with the original creditor. As the account has been sold did I do right to send it unedited as the dca was not responsible for the account before then.

Many thanks

Fredbare

[Pixie]

Re: Fredbares UE Diary

I don't think it will matter...and do you think the dca will know any different?

[fredbare]

Re: Fredbares UE Diary

lol errrm so maybe not. You'l be the first to know if they do.

Thanks pixie will update when I hear back from them.

Fredbare

[Pixie]

Re: Fredbares UE Diary

Well it's too late now to worry anyway. Just wait and see what they come back with.

[fredbare]

Re: Fredbares UE Diary

[QUOTE=fredbare;305874]

The difficulty here is that this is a bank overdraft, and therefore a CCA request quoting s. 78 (credit cards) is entirely invalid. That is also the difficulty with Mrs. D's suggestion of sending the A/C Sold Whilst in Dispute letter, as it constantly refers to ss. 77-79, none of which relate to overdrafts.

It may be a better idea to start afresh with a request aimed specifically at the new legislation for overdrafts. It also sounds as though this alleged debt is made up largely of unfair charges, which would invalidate the default and most of the alleged debt itself.

For now, I would start by sending this -

Bank Accounts - CCA Request (Part 1) - allaboutDEBT UK

CCA template sent yesterday, received by mk rapid recoveries today.

I sent the template unedited but thinking about it now the letter is worded as though the alleged debt is still with the original creditor. As the account has been sold did I do right to send it unedited as the dca was not responsible for the account before then.

Many thanks

Fredbare

Hi an update

Seems rapid recoveries have ignored my cca request, received letter from them stating:

Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment. We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance but we can only do this after speaking to you. Please call us to discuss ways we can help. Alternatively you can make your payment at any post office or paypoint using the barcode below. Until we reach an agreement to clear this balance we will continue to contact you by telephone or letter so we would advise you to contact us to resolve this matter.
Signed MK Rapid Recoveries, no name

They are also telephoning me, I have not answered, even if I wanted to they dont let it ring for more than a few seconds so not enough time to get to the phone.

Thanks fredbare

[MrsD]

Re: Fredbares UE Diary

i would do a one liner referring them to your SiD

[ScabHunter]

Re: Fredbares UE Diary

There is a follow-up letter to the overdraft CCA request, which can be found here -

Bank Accounts - CCA Reply (Part 2) - allaboutDEBT UK

I would also send them this -

Harassment by Telephone - allaboutDEBT UK

SH

[fredbare]

Re: Fredbares UE Diary

Thank you both

Hi pixie, im sorry but what does SiD mean, i assume its to do with the letter i sent.

Hi SH
I have not requested them to stop phoning me yet so could i add a sentence to the cca 2 insisting they stop, then if they dont then send the telephone harrassment letter.

Thank you again for replying, your advice is very much appreciated

Fredbare