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  • Re: DNW's UE Diary

    Originally posted by CleverClogs View Post
    Hence, the bank might be able to argue that the law applicable at the time did largely exempt overdraft agreements from the Act.
    Originally posted by Never-In-Doubt View Post
    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
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • Re: DNW's UE Diary

      I do hope you're all following this
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • Re: DNW's UE Diary

        Originally posted by Never-In-Doubt View Post
        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 ?

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        • Re: DNW's UE Diary

          Nope......
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • Re: DNW's UE Diary

            Originally posted by PlanB View Post
            By 9 am tomorrow morning ?
            In ten minutes

            New thread here: ---> Overdrafts - allaboutFORUMS
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • Re: DNW's UE Diary

              Originally posted by Never-In-Doubt View Post
              I do hope you're all following this
              I'm following!

              Should I stop the token payments that I restarted (without consulting the experts here first last month on the OD (they didn't default til Dec anyway, so if I stop again now I've only 'lost' a month or 2 in the grander scheme of things

              Comment


              • Re: DNW's UE Diary

                Originally posted by Drowning Not Waving View Post
                I'm following!

                Should I stop the token payments that I restarted
                Yea just stop payments, won't make any difference will it
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • Re: DNW's UE Diary

                  Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?

                  Comment


                  • Re: DNW's UE Diary

                    I will do a new CCA Request type template and plop it in post 1 on the new thread and if they get arsey then send it off

                    Does no harm really.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • Re: DNW's UE Diary





                      ^^^^^^^ Take your pick


                      Originally posted by samsmum View Post
                      Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • Re: DNW's UE Diary

                        I think this one might have been made specially for me!

                        Comment


                        • Re: DNW's UE Diary

                          Originally posted by Never-In-Doubt View Post
                          I will do a new CCA Request type template and plop it in post 1 on the new thread and if they get arsey then send it off

                          Does no harm really.
                          Here ---> allaboutFORUMS - View Single Post - Overdrafts - CCA Information
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • Re: DNW's UE Diary

                            Originally posted by Drowning Not Waving View Post
                            I think this one might have been made specially for me!
                            Niddy's right. I could pick any one of them. They all apply to me

                            Comment


                            • Re: DNW's UE Diary

                              Originally posted by PlanB View Post
                              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
                              I would certainly hope the alleged debt would become statute barred if neither the creditor nor any assignees are so remiss that they cannot lawfully enforce the alleged debt within five or six years. The legal requirements are hardly onerous; one could train a chimpanzee or even a delinquent Essex school-leaver to comply with the law.

                              However, by asking for the appropriate documents to be sent to you, a judge might subsequently find that you had tacitly acknowledged the alleged debt and/or that it had been incurred by you. This could depend on what your letter stated; if it declared that you did not acknowledge the debt and challenged the creditor or DCA to prove their assertions by sending the appropriate documents, that might be OK.

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                              • Re: DNW's UE Diary

                                Originally posted by samsmum View Post
                                Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?

                                Comment

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