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Re: New and confused
I would try sending this to Arc and see what that does - attach a copy of the original OD CCA Request you sent on 20 May 2013. Lets see what that does, they may say f*ck you and issue a claim but at worst you admit it and agree to a repayment. Lets try, no harm in sending this as a gentle reminder of their error....
(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).
I formally requested a copy of the required documents that should have been sent to me annually by Nationwide Building Society and am to date still awaiting such documents. None of the above information has ever been sent to me.
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
I look forward to your response within the next 28 days with the requested information. Finally, please note that if you decide to ignore my dispute and attempt enforcement, I will defend any legal action and file reports with the appropriate authorities including, but not limited to, the Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and of course, consider possible court action.
Yours faithfully,
Sign Digitally
Originally posted by samsmum
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Dear Sirs,
Ref: XXXXXXXX
I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974). In particular, s.74A(2) states that the current account agreement must include the following information at the time it is made:
Ref: XXXXXXXX
I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974). In particular, s.74A(2) states that 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).
I formally requested a copy of the required documents that should have been sent to me annually by Nationwide Building Society and am to date still awaiting such documents. None of the above information has ever been sent to me.
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
I look forward to your response within the next 28 days with the requested information. Finally, please note that if you decide to ignore my dispute and attempt enforcement, I will defend any legal action and file reports with the appropriate authorities including, but not limited to, the Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and of course, consider possible court action.
Yours faithfully,
Sign Digitally
Received a letter from Co op today giving notice of assignment to Lowells. This was originally a debt for £900 in 2003 when we went on a dmp ne 2011with CCCS,as it was then, until 2011. I've not got all the statememnts but the account went to Frederickson's in 2009 along with 2 other small accounts. According to my dmp staments all accounts had a zero balance when we stopped paying it. The accompanying letter from Lowells today states that before selling the account,Co op have checked their records and there is no reson the account should remain unpaid.Can you advise me please?
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