Abbey Bank Account - Please help

[Red Brown]

Approximately 5 to 6 years ago I had an Abbey National Bank Account. I cannot remember the exact details but, I think that I went overdrawn and they suspended it. My ex-wife and I continued to use a joint Abbey account up until we split up in October 04 and we even got our Mortgage through the Abbey without anyone mentioning the old account.

When my wife and I split I agreed to sign over the house if she agreed to take on and settle any loans/debts. To be honest I haven't even thought about the Abbey until today when I received a letter from Lowells Portfolio, stating that they had bought my account from the Abbey and they wanted it settling. The amount they are asking for is £3740 and to be honest I am in shock as I don't know how they could have arrived at this figure. How can I find out what this sum is made up of?

[Red Brown]

Just an update, I think I can remember a bit more about this now but, it could be rubbish. I think I had a £1000 overdraft that for reasons of unemployment I couldn't pay back. Could it really have grown to £3740 by now?

[Oh Boy!]

Hmmmm i think something is mis-understood.

You can only claim back your charges if :-

You where charged the fee's

AND

You paid them.....

WELL

Did you pay them then?

[tiglet]

Actually, that's not true - you can reclaim the fees in order to reduce the debt.

[oneofakind]

...and the interest on the charges!

[Red Brown]

So, am I to understand that I am still liable for the overdraught but, not the charges? How do I find out how Lowells have come up with a figure of £3740 and how much is debt and how much is charges?

[spamheed]

It would be useful to know whether it's 5 or 6 years as it would be statute barred at 6 years.

Has there been aby communication re this account since that time?

[NailPost]

Write to Lowells and tell them to prove the debt is theirs to collect. Send them the CCA letter you will find in the stickys along with a £1 postal order. Send it recorded delivery - you don't want it joining the inland revenue's cds at the bottom of a skip somewhere. You also want someone to sign for it at Lowells.

This will put the matter in dispute until Lowells come up with a signed, true copy of an executed agreement, a statement of account explaining how they came up with the figure and a document which proves their right to collect.

It would do no harm to write to the Shabbey either and demand an explanation as to why they've palmed it off to Lowells after all this time. Did theynot find the money was due earlier?

[tiglet]

As it's an overdraft, it won't be covered by the CCA 1974, I'm afraid.

[setmefree]

Mmm this is interesting,Bryan Carter and Co had a ccj on me regarding an overdraft some of it charges,does this mean that if the charges are found unfair Mr Carter has to pay me back my money.

[NailPost]

Maybe so but there is still a need to make Lowells prove the debt is theirs. A SARN might be the way forward.

And Shabbey should certainly be asked to explain their actions.

[Red Brown]

Originally Posted by NailPost

Maybe so but there is still a need to make Lowells prove the debt is theirs. A SARN might be the way forward.

And Shabbey should certainly be asked to explain their actions.

Apologies but, what's a SARN and where can I get one? and shall I still send a CCA in any event to buy some time?

[tiglet]

SARN is otehrwise known as a deed of assignment.

No point sending CCA - overdrafts not covered by this act.

Very quick post as need to rush off and pick up little one from nursery.

[Red Brown]

Thanks Tiglet

[andyorch]

"tiglet SARN is otehrwise known as a deed of assignment.

No point sending CCA - overdrafts not covered by this act."


Hi Red

S.A.R is a Subject Access Request via The Data Protection Act (Data Protection Act) costs £10.00 and is requested from the original provder of credit (see template library) and dont use your usual Sig

Tiglet A Deed of Assignment is a Legal document detailing sale of a debt from the original provider to a DCA debt collector

Overdrafts are covered by the CCA to a certain degree and can be used to clarify details interest rates O/D limit etc.


Regards

[tiglet]

Sorry, read "Sarn" wrong in my effort to type quickly - you are absolutely correct.

I thought that as overdrafts were not a rolling agreement, such as loans and credit cards, no CCA would be signed?

Could you please clarify as i'm genuinely ignorant of the relevance of CCA's in terms of overdrafts and have never come across this before.

[Red Brown]

Thanks Andyorch,

Just to clarify, I need to send a S.A.R - (Subject Access Request) to the Abbey (as original creditors) and sign it but not with my proper sig and for good measure send a CCA to Lowells so that they can provide me with details of the debt/charges/interest? Yes? Thanks again