Announcement

**Roger** · 2 November 2020, 10:44

Type: Overdraft
Date Commenced: 2008
Default: 2016
Balance: £1010
Last Paid: Feb 2019
Status: ??
Owner: Sold to PRA (old Natwest)

S.78 applies to overdrafts! See here. So you should send a S.78 to PRA
https://all-about-debt.co.uk/forum/d...ot#post1526254

**adam92** · 2 November 2020, 18:33

Is that correct? (I don't mean to be rude).
Just I've been reading through it but it's going over my head, I thought requests sent to them for OD's would be redundant... In my natwest SAR there's a form for the account, no details on the apr for overdraft just says "i've been given a copy of personal banking charges and fees" and a tick/signature.

Also they've not contacted me for a year or so, is it worth poking the beast? Just don't want to get into more trouble

**Joanna Connolly Solicitors** · 2 November 2020, 21:34

Hello adam92

I’ll take a peek at your thread tomorrow and then make my suggestions.

Di

**adam92** · 3 November 2020, 17:22

Thanks Di

**Joanna Connolly Solicitors** · 3 November 2020, 17:52

Originally posted by adam92 View Post

I thought requests sent to them for OD's would be redundant...

Also they've not contacted me for a year or so, is it worth poking the beast?

It seems all of your debts are currently unenforceable because they have not complied with your s77-79 CCA Requests. There is nothing more you need to do except post an update on your thread whenever you hear anything from anyone.

Overdrafts are regulated by the CCA, but it's possible that debt purchasers either don't know that, or pretend that they're not, hoping you won't know any better.

If you've heard nothing for a year from PRA about the old NatWest overdraft then you can wait until they start to make a noise - which they will do eventually!

Jo explains the overdraft legal situation here >

Originally posted by Joanna Connolly View Post

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.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not apppove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

The appeal court also found that MFS Portfolio Ltd had not proved the Assignment to it from the original creditor.

We were not successful on the MFS Portfolio Ltd’s lack of FCA Authorisation point. For obvious reasons, having won the actual appeal for our Clients, this won’t be appealed further by our Clients - however this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. On this same point, we are currently waiting for reserved judgment, in a different appeal case at Chester County Court, to be handed down.

I look forward to helping you.

Di

**adam92** · 7 November 2020, 20:16

Thanks Di I’ll await till the next letter

**adam92** · 13 November 2020, 20:17

I've updated my Barclays section in the opening post in regards to the CCA request from the beginning of November I had forgotten about that happening.

I appear to have various different settled dates on some accounts with the original creditor and debt purchasers - which would make some fall of my file earlier if corrected. I'm not sure which is correct and which isn't, is it possible I can attach some images for somebody to aid me work out if it's worth looking into? I'd appreciate it.

**adam92** · 15 November 2020, 17:47

**Warwick65** · 15 November 2020, 18:14

Simple answer is I think

when an account is sold, the entry from the old creditor shows as settled and then entered by the new owner. The important figure is the defaulted date. I can’t see the defaulted date on the above entries. I seem to recall not all of the free credit files show the default date. Luckily all mine are long gone

**adam92** · 16 November 2020, 21:53

Originally posted by Warwick65 View Post

Simple answer is I think

when an account is sold, the entry from the old creditor shows as settled and then entered by the new owner. The important figure is the defaulted date. I can’t see the defaulted date on the above entries. I seem to recall not all of the free credit files show the default date. Luckily all mine are long gone

Thanks for that.

So I've looked at my proper Experian File via the trial.

The defaulted dates are there and as above they are different. They are also different for the PayDay loans too against new owner and old owner - some seem to be well over 6 months since last payment as well.

Am I right in thinking I should contact the original creditors to change these?

**Joanna Connolly Solicitors** · 10 December 2020, 22:13

Originally posted by adam92 View Post

Hello,

I hope to be doing this correct, I have a lot of debts, most of my report now but still eating away I think this is everything you require. I think I'm doing the right things so far..

Type: Overdraft
Date Commenced: 2008
Default: 2016
Balance: £1010
Last Paid: Feb 2019
Status: ??
Owner: Sold to PRA (old Natwest)

Type: CC
Date Commenced: 2008
Default: 2012
Balance: £1458
Last Paid: Feb 2019
Status: Awaiting CCA
Owner: Sold to Intrum (old Aqua)

June 2020 - CCA Request Sent
July 2020 - Confirmation of request sent to me

Type: CC
Date Commenced: 2014
Default: Never & since sold on.
Balance: £1300
Last Paid: July 20
Status: Awaiting CCA
Owner: Sold to Arrow/NCO (Vanquis)

July 2020 - CCA Request Sent
Aug 2020 - Confirmation of request sent to me

Type: CC
Date Commenced: 2009
Default: Unsure
Balance: £400
Last Paid: 2019
Status: Awaiting CCA
Owner: Sold to Lowell

July 2020 - CCA Request Sent
July/Aug - Soft Searches Made on Credit File

Type: CDL Loan
Date Commenced: 2012
Default: 2013?
Balance: 8000
Last Paid: May 2020
Status: Awaiting CCA
Owner: Barclays (original)

Aug - Request Sent
Oct - Letter Received Stating They Didn't Recognise My Details (despite me adding former addresses and new address onto the letter, and having also received a SAR for the account in August) Asked me to go to a branch
Nov - I sent a reply letter stating they'd already sent my SAR and have my new address..

Type: PDL
Date Commenced: Aug-Dec 2015
Default: March 2016
Balance: 967 (multiple together)
Last Paid: 2015..
Status: Sent CCA for one. Unenforceable.
Owner: Sold to MMF (lending stream)

April 2019 - Lantern chase 1 debt for £60
Oct 2019 - CCA Sent
Oct 2019 - Received a general terms/conditions agreement - no personal details or anything to state it was mine.
Oct 2019 - They then sent a letter taking over 5 other LS loans and merging them into one account for payment

Hello

Do you have any updates on these debts?

I can see that you sent some but not all of them s77-79 CCA Requests in July (i.e. five months ago) and others a little later.

If they’ve not complied with your CCA Requests then those debts will be unenforceable until or unless they do comply.

Di

**adam92** · 15 December 2020, 21:25

Originally posted by Diana Mayhew View Post

Hello

Do you have any updates on these debts?

I can see that you sent some but not all of them s77-79 CCA Requests in July (i.e. five months ago) and others a little later.

If they’ve not complied with your CCA Requests then those debts will be unenforceable until or unless they do comply.

Di

Hi Di,

With PRA/NatWest I haven’t anything. The account hasn’t been update on my report for 2 years I’ve not sent anything to it.

No CCA’s have come. Arrows keep sending me a monthly statement.

However..

The PDL’s some got removed off my credit file last month & have been suddenly put back on today.. not sure what that was about.

The Barclays CDL Loan - I finally spoke to them on the phone. It appears that the bank has my correct address so no idea why my CCA was rejected due to an Incorrect address.

I did resend an request a month ago but no response (I didn’t include the £1 though as they returned that previously stating they couldn’t oblige as my address was wrong & id have to go into branch).. no reply.

do I need to do this again?

**Joanna Connolly Solicitors** · 16 December 2020, 12:00

Originally posted by adam92 View Post

Hi Di,

The Barclays CDL Loan - I finally spoke to them on the phone. It appears that the bank has my correct address so no idea why my CCA was rejected due to an Incorrect address.

I did resend an request a month ago but no response (I didn’t include the £1 though as they returned that previously stating they couldn’t oblige as my address was wrong & id have to go into branch).. no reply.

do I need to do this again?

From what you say you sent a perfectly valid s77-79 CCA Request to Barclays together with the £1 statutory fee. They returned the fee which is tacit acknowledgment that they received it in the first place otherwise how could they return it

This means your Barclays CDL is currently unenforceable until or unless they do comply with your CCA Request.

No need to send another CCA Request and definitely stay off the phone - you need a paper trail.

(Good news about the others too).

Di

**adam92** · 16 December 2020, 20:32

Originally posted by Diana Mayhew View Post

From what you say you sent a perfectly valid s77-79 CCA Request to Barclays together with the £1 statutory fee. They returned the fee which is tacit acknowledgment that they received it in the first place otherwise how could they return it

This means your Barclays CDL is currently unenforceable until or unless they do comply with your CCA Request.

No need to send another CCA Request and definitely stay off the phone - you need a paper trail.

(Good news about the others too).

Di

Thanks Di, can I just clarify with Barclays.

As you say they returned my fee and request back - they said my address details were incorrect and I'd need to go into branch..

As I've spoken directly with Barclays (I wouldn't normally on the phone to begin with but it seemed the only way) and they've stated my address is correct,

It's fine to just leave it? I'm cautious if they tried any legal action the department would send it to an old address

Announcement

Debt Diary 2020

Debt Diary 2020

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment