HI Guys,

Capquest have been writing and callimg me since taking over a Halfax OD.

i recently sent them a 'prove it' style -

They replied.

- Overdraft response was very generic:

'We have been advised by 'bank' that section 74 of the CCA 1974 provides that an overdraft on a current account will not fall within the documentation requirements of the CCA. Therefore we are not providing a copy agreement for the above'

Doesnt leave me with a very good idea of anything right?

My uncle has been kind enough to lend me money so i would settle,

but first off i dont know who the hell Capquest are and they are not responding accordingly to me.

Any advice is appreciated

Many thanks

Its seems not only have Halifax put a default on my file but Arrow have too!

well don't go wasting your uncles money by blindly paying a DCA to go away of a free holiday using your money

go away on holiday with it yourself instead.

ever though why Halifax sold the debt for pennies to arrows?

why didn't they take me to court and crush me...

...urm..yea why not

they are a worldwide bank and could have easily..

cause the OD is 99% penalty chrges and the interest they caused

the fact you have 2 defaults for the same debt is not harming you

you can only be defaulted once per debt

as long as the date of the original creditors default has not been changed you are ok.

whats the defaulted date

Also note how you asked them for proof, and they sent a generic CCA response? That alone shows theyre inept and dont have proof.

You're both absolutely right, thank you. When you have not been in this situation for such a long time, you forget the attitude to adopt towards these guys. You have really chnaged my mindset, thank you

Defaulted dates are exactly the same Aug 2015

and when was your last payment or use of the OD

Jan 2015

sar to Halifax me thinks

Will do Pal, thanks again. Think i still have the templates

what templates?

click the black links

CCA request

sar

BUT READ ALL THE POSTS IN EACH LINK FIRST..

Thanks, yes thats the template i have for both.

i already sent CCA and response was

'We have been advised that section 74 of the CCA 1974 provides that an overdraft on a current account will not fall within the documentation requirements of the CCA. Therefore we are not providing a copy agreement for the above'

Got this from both Halifax and also caprquest

Will use that SAR template and send today, 'whatever' seems to already have been removed, i changed some wording but kept it the same in detail

Update: Hi dx100uk, so received my SAR, wow its a big pack Not sure what to do with this as i havent looked through one before?

look out for bank charges in the statements.

dd fees

letter fees

OD fees.

you soon spot them.

anything they have charged you that is a punishment or penalty for being in the OD state.

of charges for failed DD's etc

bet there are £1000's

interesting! I shall start this

Thanks again

UPdate: my 2 overdrafts have been passed to Arrow now - 1 is for £2000 and the other for £1000

To recap all my debts

Vanquis - £2000 (no contact or debtor letters)

Barclay card - £8000 (no contact or debtor letters)

Halifax OD - £1000 (now with Arrow /AIC)

Halifax OD - £2000 (now with Arrow /AIC)

Halifax CC - £5000 with Halifax

we know that already

so how much is unlawful penalties

im looking through the SAR (which they sent 3 weeks late btw and acknowledge it in their letter)?

Should i include 'planned OD fees'?

possibly if they shouldn't have been charged.

workout why Halifax sold it on

well total charges for 1 is £480 approx

total charges for the other is £460 but also has £350 in 'account fees' varying from £10-30 depending on the month, i think this may have been for a reward type account where you get benefits.

total charges is apprx £1300, total debts combined is £3000, so im not sure why they sold on it and its been passed around. What deems as unlawful?

Ideally i need to get these off/settle my credit file so i can get finance at some point. But these jokers dont seem to respond to my CCA.

So shall i send CCA out to AIC/Arrow?

Planned OD is their OD charges monthly depending on how much you are overdrawn

The Account fee is the monthly fee for that particular reward account

I believe the debt stands at £1000 and fees £460, and the other £2000 debt and fees £480. 50% in fees on one account could be why they sold it

doesn't matter what you do

they are there till the default reaches its 6th birthday.

you can CCA the card

but not the OD.

packaged account fees can be reclaimed just like PPI

http://www.dailymail.co.uk/news/article-2547073/Backlash-rip-fee-paying-bank-accounts-Thousands-customers-complain-claims-widely-mis-sold.html

Even settling keeps them on the credit file?

Well ive already CCA Barclaycard and Vanquis neither replied. Vanquis got westcott to write to me and i CCA them, no reply.

The Halifax card for £5000 i CCA the DC and they sent me back what i put up in the other post whuch you said wasnt a CCA

So shall i still send again, and what shall i do about the 2 x OD with arrow?

So in that case ill go ahead and claim back my fees shall i?

Cheers for all the fast help again DX100Uk, its hugely appreciated

its getting mighty confusing

its better to have a thread for each debt.

those that have failed the CCA request

until they comply you don't pay

don't think the Halifax card CCA was anything near compliant

as for the two OD's

that what the sar was for and your charges workout ..

Sure so I’ve work those out and will look to claim that back. But in terms of the actual debt I’m selves with the DC, do I do anything?

not a lot you can do

its down to arrows and their next move.

Hi DX100Uk, so should i not do anything further about the OD's?