Alliance Account Agreement Form. Is this Acceptable As Proof of Overdraft Facility???

[zander]

Hi All,

My account was closed by A&L after they refunded charges. I had an outstanding balance on an overdraft with them. I complained to the FOS and they awarded me £200. A&L kept this against the outstanding balance. Because they started to apply pressure for repayment of the overdraft via their collection arm, I requested (by way of a cca request) a true copy of the agreement. All they have supplied is the account agreement form which shows an overdraft limit of zero with only one other mention, within the declaration, on unsecured lending not exceeding 10k.
My understanding is that an overdraft is a consumer credit agreement for running account credit and falls into various sections of the act. Can anyone offer advice on this scenario please?

[hedgey06]

Hi zander.

Unfortunately, there is no requirement in the CCA for an overdraft to be signed, and as long as they informed you of things like interest rates, repayment methods, credit limits, etc., before making the agreement it is enforceable. And even if you didn't sign the paperwork this doesn't affect the fact that there is a contract and it is enforceable.

They are within the terms of the OFT waiver if they gave you the proper information before you agreed to the overdraft, and so... it looks like all you can do is reclaim any penalty charges on this account to make the overall debt smaller.