DNW's UE Diary

[Deepie]

Re: DNW's UE Diary

Nope......

[PlanB]

Re: DNW's UE Diary

i'll do a new template etc for the request of information in line with c.39 (s.74) etc thus allowing us at least the right templates and wording to be given a fighting chance

By 9 am tomorrow morning ?

[Never-In-Doubt]

Re: DNW's UE Diary

I do hope you're all following this

[Never-In-Doubt]

Re: DNW's UE Diary

Hence, the bank might be able to argue that the law applicable at the time did largely exempt overdraft agreements from the Act.

No quite, but it's better than sending the wrong info off as we either ignore or use s.77/s.78 templates so I am thinking it may be best to have a simple overdraft CCA section - i'll do a new template etc for the request of information in line with c.39 (s.74) etc thus allowing us at least the right templates and wording to be given a fighting chance

Actually it would apply retrospectively wouldn't it as changes in legislation warrant this so although we couldn't utilise errors retrospectively, we can argue that they comply using current legislation which regards c.39 (s.74) is, lets not forget, a substitute for the The Consumer Credit (Amendment) Regulations 2010 (1969)(Reg.9) as per ---> The Consumer Credit (Amendment) Regulations 2010

[CleverClogs (RIP)]

Re: DNW's UE Diary

UPDATE

27/01/12 Letter received - Marbles - WEF 1st March, your Marbles credit card agreement will be between you and Progressive Credit Limited. You did not need to take any action as a result of this.

I'm not sure if this means that all Marbles accounts have been transferred to Progressive or whether this is a Notice of Assignment?

From the FAQ on their website - link - it would seem that HBOS has lost its Marbles.

[PlanB]

Re: DNW's UE Diary

Also, as you know, the wording of the changes is rather weak and failure by the creditor to comply with their obligations does not necessarily render a debt unenforceable.

Agreed. But do the thick DCAs know that? I've had a HSBC overdraft in orbit for two years now by requesting documents. It gets sent straight back to the bank each time. Give it 3.5 more years and I don't care what the CCA obliges the bank to do or not because it should be SB by then

[Never-In-Doubt]

Re: DNW's UE Diary

Also, as you know, the wording of the changes is rather weak and failure by the creditor to comply with their obligations does not necessarily render a debt unenforceable.

No quite, but it's better than sending the wrong info off as we either ignore or use s.77/s.78 templates so I am thinking it may be best to have a simple overdraft CCA section - i'll do a new template etc for the request of information in line with c.39 (s.74) etc thus allowing us at least the right templates and wording to be given a fighting chance

[CleverClogs (RIP)]

Re: DNW's UE Diary

Ok, we have established this mate

Maybe a new thread would be the best thing, see if you're bored later fancy gathering the links and PMing me them and I will start a whole thread on it, or I will do it later when I finish site updates

I'm not sure how the changes to the Consumer Credit Act 1974 would apply retrospectively - that is, whether they would apply to existing overdraft agreements as well as new agreements, or if they would apply to overdraft agreements that have already been terminated.

Hence, the bank might be able to argue that the law applicable at the time did largely exempt overdraft agreements from the Act.

Also, as you know, the wording of the changes is rather weak and failure by the creditor to comply with their obligations does not necessarily render a debt unenforceable.

[CleverClogs (RIP)]

Re: DNW's UE Diary

Spoken like an expert

I just omitted the expletives.

[CleverClogs (RIP)]

Re: DNW's UE Diary

No point in sending a CCA request and waiting for them to tell you it doesn't apply. You could just send the letter you quoted without the first para referring to a response you haven't had from them, the rest is the info they are supposed to provide even though there is no CCA as such.

Whilst there would be no Consumer Credit Agreement in the way that there would be with a credit token account or a fixed sum loan, overdrafts are now not exempt from the Consumer Credit Act 1974 (as amended).

The creditor does have to provide certain documents, depending upon the type of overdraft and how much notice is required for repayment.

Consumer Credit Act 1974

[Never-In-Doubt]

Re: DNW's UE Diary

Wrong.

Ok, we have established this mate

Maybe a new thread would be the best thing, see if you're bored later fancy gathering the links and PMing me them and I will start a whole thread on it, or I will do it later when I finish site updates

Thanks CC

[PlanB]

Re: DNW's UE Diary

Wrong.

Spoken like an expert

[CleverClogs (RIP)]

Re: DNW's UE Diary

A couple more questions before I respond to Natwest - should I send a CCA request and when they tell me to go away and not be so silly there is no such thing as a CCA for an OD,

As overdrafts are CCA exempt, they would actually be correct.

Wrong.

[Never-In-Doubt]

Re: DNW's UE Diary

Yep good idea - keep us updated

[DNW]

Re: DNW's UE Diary

Yes I have posted about this previously - hang on I'll get the links to the post!

---> allaboutFORUMS - View Single Post - mehim's UE Diary

Ah cool, at least I know who owns it - I'm just wary as even though it's UE, I'm very mistrusting about some tosser off-setting against our co-op account.

No do not send that, you are taking the fight to them by doing so - just sit tight and await action from them.

Thanks, that was kind of what I thought after I'd read it back through.

They can just have the SAR tomorrow so I can see what's what with their charges... and I'll save the above for later