Radioactive Ja - Time to stop being a pushover!

[SXGuy]

Re: Radioactive Jan - Time to stop being a pushover!

I always print hard copies of all letters and staple them to the received letters they are a reply to, as well as saved on my pc, just incase anything happend, at least i have a copy to photocopy if i have to.

[Radioactive Ja]

Re: Radioactive Jan - HBOS

Type of account credit card

Date commenced 16/01/2007

Approx balance £2700

Date of last full payment 01/03/2009

Are you on arrangement or not paying. DMP

Status shown as satisfactory

Account owner HBOS - think this might have been AA card

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CCA requested and postal order sent recorded delivery 16/02/2013

01/03/2013 CCA received I will scan and email to Niddy next week. Many thanks in advance, I wouldn't have a clue what I am looking at! It says CCA agreement along the top and has my signature, but I will keep my fingers crossed anyway.

[Radioactive Ja]

Re: Radioactive Jan - Nat West

Type of account current account/overdraft

Date commenced 21/09/1989

Approx balance £2300

Date of last full payment 01/03/2009

Are you on arrangement or not paying. DMP

Status shown as default 31/05/2009

Account owner Nat West

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CCA requested and postal order sent recorded delivery 16/02/2013

01/03/2013 received a letter saying that as this was an Overdraft it was not the same as a credit card. Elsa I think you told me this one would be different? They say to let them know if I want a statement of account. Is there a template to use? Or do I just write back and say yes?

[Radioactive Ja]

Re: Radioactive Jan - Tesco

Type of account credit card

Date commenced 20/11/2002

Approx balance £1500

Date of last full payment 01/03/2009

Are you on arrangement or not paying. DMP

Status shown as default 03/04/2009

Account owner Tesco bank

CCA requested and postal order sent recorded delivery 16/02/2013

01/03/2013 letter from Tesco asking for signature. I guess I just send the template that is in the list?

[Undercover Elsa]

Re: Radioactive Jan - Nat West

01/03/2013 received a letter saying that as this was an Overdraft it was not the same as a credit card. Elsa I think you told me this one would be different? They say to let them know if I want a statement of account. Is there a template to use? Or do I just write back and say yes?

Was it the standard CCA request you sent, Jan, or the special overdraft one?

[Undercover Elsa]

Re: Radioactive Jan - Time to stop being a pushover!

Looking back I'm guessing it was the standard CCA, if so then I'd now send the letter below.
Unfortunately with OD's we can usually only blag and pick fault with any and every problem to try and get you through to being Statute Barred, or to tick them off so much they'll either leave you alone or accept a lower F&F or repayment plan.
Is there anything else you can think of with this account, any charges, have they treated you unfairly etc etc? Did they send a default notice and do you have it?

Dear Sirs,

Ref: XXXXXXXX
Thankyou for your letter dated xxxx in which you state that the above referenced overdraft is not covered by the Consumer Credit Act 1974.
However, under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) you have a duty to supply a copy of the original overdraft agreement and relevant paperwork that you should be sending annually, for the above numbered bank account with [enter bank name here].

To clarify, as this refers to what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should therefore be sending an annual reminder regarding the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate.

I trust that I have set out the position clearly and I await your response with the requested information.

Yours faithfully,


Sign Digitally

[Radioactive Ja]

Re: Radioactive Jan - Time to stop being a pushover!

Can't think of anything, I have a letter headed notice of default sums served under the CCA 1974. There were fees and charges. Is it worth sending a SAR?

[Undercover Elsa]

Re: Radioactive Jan - Time to stop being a pushover!

Ahhh not the same as a default notice. In that they give you a time limit (should be 14 days from receipt) to pay any arrears or, with overdrafts, either bring it within an agreed limit or pay the balance, otherwise they'll terminate the account.

Charges and fees with bank accounts can be used in negotiating but actual reclaiming is very hard even if you can prove you're in serious hardship. I wouldn't bother with a SAR as yet, but it's up to you if you want all the info.

Best just to blag for now but be prepared with this one to set up a token repayment plan at some stage if they get stroppy. It's different from cards and loans.
Just keep us informed of their responses and we'll deal with it as it comes

[Radioactive Ja]

Re: Radioactive Jan - HBOS

01/03/2013 CCA received I will scan and email to Niddy next week. Many thanks in advance, I wouldn't have a clue what I am looking at! It says CCA agreement along the top and has my signature, but I will keep my fingers crossed anyway.

Niddy says UE. So I will send appropriate letter off when available from the site. I was amazed its UE , the CCA they sent looked so official I thought it would be all in order and enforceable . Thanks to Niddy I now know better.

[Undercover Elsa]

Re: Radioactive Jan - Time to stop being a pushover!

Nice one
Unless they send genuine legal threats it's always best to wait as long as possible before responding anyway, procrastination is the name of the game with unenforceability.

I'd just wait now till they write again...

[Never-In-Doubt]

Re: Radioactive Jan - Time to stop being a pushover!

Additional info....

Morning

Just re-checking this on a PC (as was on phone last night) - I note that the PT's do show to the left of the signed application however there should be some general terms and conditions as well, as detailed in the signature strip. These are missing, so whilst I am saying it is UE - that is easy to remedy so don't rely on the UE status too much.

If you notice, they say in their own terms (second page - part 1 - Credit Limit) that you must refer to terms 18.2 & 18.3 - however scroll down, there is no 18.3. Similarly, in section 3 they mention 18.4 which is also missing (unless there was another page you never sent?) and also note the terms they sent is +5% higher APR than the originals - hence it is temporarily

[Radioactive Ja]

Re: Radioactive Jan - unknown Barclaycard

Type of account credit card

Date commenced 07/03/2002

Approx balance £3200

Date of last full payment 01/03/2009

Are you on arrangement or not paying. DMP

Status shown as satisfactory

Account owner Barclays Bank - but I know I have never had a Barclaycard?

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CCA request and postal order sent recorded delivery 16/02/2013

Hooray. Letter recieved from Barclaycard in which they say that they can't supply me with a copy of my CCA and the debt is unenforcable . They would like me to continue paying though! I think I know what my approach to that one.

[Undercover Elsa]

Re: Radioactive Jan - Time to stop being a pushover!

Excellent!! Keep that letter very safe Jan..scan it too as backup and ready to print off in future if any chancers try their hand.
Well done!!!

[Deepie]

Re: Radioactive Jan - Time to stop being a pushover!

Nice one.....

[IF]

Re: Radioactive Jan - Time to stop being a pushover!

Brilliant news Jan