old Abbey National Bank Account OD - dca chasing

[florish]

I sent off a CCA request to a DCA.

 

They replied today.

 

Turns out it is for an old Abbey National Bank Account from five years ago that was overdrawn.

 

However, all they've sent is a copy of the application form that was completed at the time.

 

I'm unable to scan, but there's nothing on it at all about consumer credit act or terms and conditions.

 

Is it different rules for a bank account?

Does the consumer credit act not apply?

 

If I'm due to pay it, I'll try and do my best to pay it, but I don't have a clue if I am due to pay it - for example, no bank statements to compare with what the DCA is asking, and as I mentioned above nothing on the application form about consumer credit act terms and conditions

 

Thanks in advance.

 

Florish

[Having_A_Knightmare]

Information below:

 

"1. Under the powers conferred upon me by s.74(3) and (3A) and s.133 of the Consumer Credit 1974, I, the Director General, being satisfied that it would not be against the public interest to do so, hereby revoke with effect from 1st February 1990 the Determination made by me in respect of Section 74(1)(b) and dated 3 November 1983 and now determine that with effect from 1st February 1990 Section 74(1)(b) shall apply to every debtor-creditor agreement enabling the debtor to overdraw on a current account, under which the creditor is a bank.

2. This Determination is made subject to the following conditions:-

(a) that the creditor shall have informed my Office in writing of his general intention to enter into agreements to which the Determination will apply;

(b) that where there is an agreement between a creditor and a debtor for the granting of credit in the form of an advance on a current account, the debtor shall be informed at the time or before the agreement is concluded:

- of the credit limit, if any,

- of the annual rate of interest and the charges applicable from the time the agreement is concluded and the conditions under which these may be amended,

- of the procedure for terminating the agreement;

and this information shall be confirmed in writing.

© that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing not later than 7 days after the end of that 3 month period of the annual rate of interest and charges applicable.

3. In this Determination the terms 'creditor' and 'debtor' shall have the meanings assigned to them respectively by Section 189 of [the Act]. The term 'bank' includes the Bank of England and banks within the meaning of the Bankers' Books Evidence Act 1879 as amended."

[tiglet]

Although overdrafts are covered by the CCA 1974, they do not have to comply with your CCA request.

 

Do you believe this could compose of charges? Have you sent a SAR to find out more about the debt? If not, I would recommend sending one to the original creditor in order to see what the debt is composed of.

[florish]

Thank you both for your replies.

 

Florish

[tiglet]

No problem - let us know how you get on and come back if you need any more help/advice.

[florish]

I sent off a CCA request to Debt Managers around six months ago..

 

They replied in May, sending me a copy of a bank account application form.

 

I don't know if I did the correct thing, but I replied to them asking

if they could provide bank statements proving that there was indeed an

outstanding balance on the bank account.

 

Today, I received a reply from them - It was just the same copy of the bank account application form that they had sent me in May !!

 

I don't think I was overdrawn with that particular bank account, but all I had was Debt Manager's word that I did owe money on that old account - and all that Debt Manager's have done is send me a copy of the application form ... twice.

 

Surely, they've got to send me something that proves (if I do) owe the money ?

Why won't they send statements?

 

Thanks in advance for your help and advice.

 

Florish

[Dipply75]

Hi Florish

 

Sounds to me like they just don't have that proof, and either don't want to/cannot ask for it from the bank. I have had bad experiences from these muppets, and they are muppets!

 

What bank is it, and when are they saying it is from?

[Pinky69]

If they do not prove they have a right to collect payment on an account, don't pay them and ignore them. They disappeared for months and I ignore them after a CCA request that hasn't been replied to unless they start asking me for payment. Then I go in with all guns blazing, straight to their complaints department.

[florish]

Hi Florish

 

What bank is it, and when are they saying it is from?

 

Abbey National

[florish]

Does anyone know if there is a template for a letter I can send them?

[Dipply75]

I agree with Pinky, send them the bog off letter so they have been told officially to bog off as they have managed to supply squat, then wait.

 

If they persist then complain to them and the whole world. There is a great letter that may help, will try and dig out...

[Dipply75]

You could try sending this prove it or bog off letter. Send it recorded so you can prove they received it, then if they carry on after that you've got them.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

Let us know when they contact you next

[florish]

Thanks Diply & Pinky

[florish]

Dipply

 

I received a letter from their solicitors around four weeks ago, which crossed over with your template (amended) that I sent them.

They say I owe around £2k for this overdrawn bank account, and unless I pay they will take me to court.

 

However, I haven't heard anything since I sent off your letter.

 

Just to be ready for them though ..

Remember, all thay have sent me so far is a copy of a bank account application form.

On that application, it is clearly stated that there is no overdraft facility.

 

Surely they would have to send me:

(1) Copies of bank statements showing this overdrawn amount.

(2) Something to say that there is an facility overdraft on the account?

 

Thanks

Florish

[BeauBrummie]

Dipply

 

I received a letter from their solicitors around four weeks ago, which crossed over with your template (amended) that I sent them.

They say I owe around £2k for this overdrawn bank account, and unless I pay they will take me to court.

 

However, I haven't heard anything since I sent off your letter.

 

Just to be ready for them though ..

Remember, all thay have sent me so far is a copy of a bank account application form.

On that application, it is clearly stated that there is no overdraft facility.

 

Surely they would have to send me:

(1) Copies of bank statements showing this overdrawn amount.

(2) Something to say that there is an facility overdraft on the account?

 

Thanks

Florish

 

 

Hi florish,

 

What does the solictor letter say? does it threaten proceedings or does it say will take proceedings. Are sure it a genuine solicitor? alot of these dca's have "solicitors letters" using the name only just to frighten you into paying.

 

If Debt Mangers cannot provide the info as has been previously posted you can ignore them but keep all correspondence so that you build a file on them to back up your case should it ever go to court.

 

Beau

[florish]

Hi florish,

 

What does the solictor letter say? does it threaten proceedings or does it say will take proceedings. Are sure it a genuine solicitor? alot of these dca's have "solicitors letters" using the name only just to frighten you into paying.

 

If Debt Mangers cannot provide the info as has been previously posted you can ignore them but keep all correspondence so that you build a file on them to back up your case should it ever go to court.

 

Beau

 

It says they "have immediate instructions to proceed" but are writing to give me the chance to pay!!!

They are called Russel & Aitken - different address from Debt Managers.

However, the number to call is Debt Managers.

[Pinky69]

What are they going to take you to court with? An application form that states on it there is no overdraft facility on that account? Debt Managers are chancing their arm, as always. I would write to the solicitors that you have requested proof of the alleged debt from Debt Managers and until you receive this as far as you are concerned the matter is closed.

[florish]

What are they going to take you to court with? An application form that states on it there is no overdraft facility on that account? Debt Managers are chancing their arm, as always. I would write to the solicitors that you have requested proof of the alleged debt from Debt Managers and until you receive this as far as you are concerned the matter is closed.

 

As a matter of interest, what proof would they need Pinky?

 

Many thanks again.

 

Florish

[Pinky69]

They don't need a credit agreement as they would if it were a loan or credit card because overdrafts are exempt from certain parts of the Consumer Credit Act 1974 but they would need to produce proof that they sent you a letter stating the overdraft limit, the interest rate and expiry date.

[florish]

Thanks Pinky

 

Bring 'em on

[paulgmb]

Hi all,

Any updates?

I too have been receiving letters from these muppets but as they have got my name wrong and I know I don't owe them or anyone anything have been writing return to sender. 'There is no ..........at this address.'

I haven't heard anything for 2 weeks now but they were coming once every 5 days!!

Regards,

Paul.

[Pinky69]

Debt Managers are nothing but a shower of chancers. They send any alleged debt to anybody hoping the people they send them to are schmucks who will just pay up - ignore them.

[paulh1971]

Stick to your guns and ignore them, they have very limited power as for Russell Aitken they seem even wetter than DM!!

 

I Have been ignoring them now for over a year, they have threatened all sorts. As soon as i think they are getting serious i will drop them them the CCA letter.

 

best of luck

[florish]

...but they would need to produce proof that they sent you a letter stating the overdraft limit, the interest rate and expiry date.

 

I wrote to them on the 20th August asking for proof, but haven't heard anything back from them yet.

[paulgmb]

No further letters from them so far, just worried that they may just go to a county court and get a ccj against this similar sounding person that is supposed to live at my address.

Is there anyway of monitoring which cases are coming up at your county court or could they go to any county court not necessarily the nearest one to me?