1245pebbles UE Diary

[1245pebbles]

Re: 1245pebbles UE Diary

Hiya, I just popped in to make sure you didn't think I was a deserter and I guess let others know that life goes on when you're following the unenforceable route!

I got a letter from Westcot who have taken over my HBOS disputed debt, so sent them the Accounts sold while in dispute letter.

I stopped paying Barclays and Bcard too and will CCA them shortly (when they settle on a DCA they can't seem to make their minds up at the moment).

Oddly I feel much more in control now than I ever did, thanks to Niddy and everyone else here - thank you!

p

[Deepie]

Re: 1245pebbles UE Diary

How's it going here ?

[1245pebbles]

Re: 1245pebbles UE Diary

Hi Deepie,

I’m pretty much in “ignore everyone” mode. Haven’t had any non-standard letters that required a response for ages. And anyone I’ve CCA’d keeps passing it around after I’ve said unenforceable if none materialised, so yes - ignoring them all!

Going well in my book! Thanks to all the help here J

P
x

[1245pebbles]

Re: 1245pebbles UE Diary

Been a while I know but still occasionally lurking and sending off template letters when needed.

CCA'd Nationwide (MKDP LLP is the DCA) and got a one page copy of agreement but not sure if is enforceable or not. Emailed the agreement to you Niddy for advice!

Thanks, as always.

[SaltnVinegar]

Re: 1245pebbles UE Diary

Been a while I know but still occasionally lurking and sending off template letters when needed.

CCA'd Nationwide (MKDP LLP is the DCA) and got a one page copy of agreement but not sure if is enforceable or not. Emailed the agreement to you Niddy for advice!

Thanks, as always.

Fingers crossed for you but I would suggest that if all you got was one page then there is a chance its going to be

[1245pebbles]

Re: 1245pebbles UE Diary

Thanks SaltnVinegar, I hope so! It does seem to have most of everything on it but I'm guessing missing prescribed terms or something - fingers crossed as this one's a whopper debt

[1245pebbles]

Re: 1245pebbles UE Diary

Hi Niddy, everything going OK, ticking along with UE.

Just wanted to ask if I can CCA a bank account where I had no authorised OD to start with, and then ended up considerably overdrawn (unauthorised) - I don't want to amend the CCA for bank accounts template on my own in case I leave it not making any sense haha!

Many thanks,
p

[SaltnVinegar]

Re: 1245pebbles UE Diary

Hi Niddy, everything going OK, ticking along with UE.

Just wanted to ask if I can CCA a bank account where I had no authorised OD to start with, and then ended up considerably overdrawn (unauthorised) - I don't want to amend the CCA for bank accounts template on my own in case I leave it not making any sense haha!

Many thanks,
p

You can but its a different set of rules than s77-79 of the CCA1974. See here for the first template:

http://www.all-about-debt.co.uk/old/...request-part-1

Also have a read through the thread here:

http://forums.all-about-debt.co.uk/s...CA-Information

I have followed this for 2 O/D accounts I have (one with Lloyds TSB and the other with Santander) and my experience is that it completely flummoxes them when they get this request. Initially they think you are making a request under s77-s79 but then I pointed out their error in assumption and they have now been pretty quiet for 18 months. I suspect that its gone to some legal advisor and its a potential can of worms for them so its easier (and potentially cheaper!) to let things slide (but of course I'm only 30% of the way to being SB so a lot of things can change before then).

Good luck!

SnV

[1245pebbles]

Re: 1245pebbles UE Diary

Thanks SnV - I've seen that template but as I never had an authorised overdraft, I wasn't sure how to best re-word it to apply to my situation.

Good luck with your journey too btw

p

[SaltnVinegar]

Re: 1245pebbles UE Diary

Thanks SnV - I've seen that template but as I never had an authorised overdraft, I wasn't sure how to best re-word it to apply to my situation.

Good luck with your journey too btw

p

So you never had an overdraft facility at all with your bank account? How did they let you get further o/d if that were the case?

[Never-In-Doubt]

Re: 1245pebbles UE Diary

If you never had any overdraft then s.74 was meant for you so deformed send that template and just edit to suit, if anything let me see it prior to posting and I'll tidy it up for you......

good luck

[1245pebbles]

Re: 1245pebbles UE Diary

SnV, I can't remember the circumstances tbh.

Niddy, not sure what you mean, is this anywhere near right? Thanks!

>>>>
Dear Sirs,
Ref: XXXXXXXX
Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with [enter bank name here].
As the account 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 be sending an annual reminder to me regards 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;

[Never-In-Doubt]

Re: 1245pebbles UE Diary

No, you go here --> http://forums.all-about-debt.co.uk/s...CA-Information

Part 1 - The CCA Request - copy that, it's fine for what you want after editing this paragraph

From

As I held 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.

To

As I held what can only be regarded as 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.

[SaltnVinegar]

Re: 1245pebbles UE Diary

SnV, I can't remember the circumstances tbh.

It may be worth going back through old statements etc and see how you got there as you may have recourse to challenge any charges etc that were applied, especially if you can demonstrate that as a result of the banks actions you were put into financial hardship....

[1245pebbles]

Re: 1245pebbles UE Diary

Thank you! Oh Niddy, I'm pretty sure it was all me at fault, I think I spent the amount I had in credit twice in 24 hours or something like that. Sounds like me!


Letter off now, thanks again