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Two defaults, lots of overdraft charges, payday loan


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Hi,

 

I can't deal with this yet I'm not in a great place right now but I may want to challenge it or I may be forced to fight it if proceedings are brought.

 

I believe I may have taken out a payday loan and gave them debit card details linked to a current account.

 

I had agreed no overdraft facilities

 

When the the payday people tried to take funds there were none available but the bank decided at that time or on a repeated attempt to allow money to be debited

 

This happened more than once and the debits seemed to be random amounts as if the payday lender was seeing what would be allowed eg on one day there was four debits of different amounts

 

This was despite no money being in the account and with overdraft charges / fees being applied massively

 

In the end it went up to over £1000

 

There is now a default from the bank, 'settled' plus a separate default from what I assume may be a buyer

 

How dodgy is this?

I know two defaults is wrong but how can a bank allow card payments without an overdraft agreement from me and then because of their decision add loads of fees and default me despite my complaints

 

I seem to recall a number of years ago there was in the news a case won against banks for (unauthorised?) overdraft fees? Could that be relevant?

 

Thanks for any advice

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If the debt has been assigned then its normal to have 2 entries ...who is the Bank and which PDL lender?

 

Andy

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No its two entries for the same agreement/debt...the OC will fall off shortly

We could do with some help from you.

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On my credit file it appears to be two distinct defaults and they've been on there for years

 

EDIT: oh I've just checked on Noddle and the H alifax is now under the closer tab and doesn't mention a default ignore that bit :o

 

Hmm but on equifax there is a halifax entry that is a default (settled) and then there is also a separate account for the debt buyer with a default

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doesn't double harm you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry Andy didn't see this - I don't think it was my only one at the time

 

Also may I ask

- how does statute barring apply to current accounts

- is the cause of action and thus the activation of the 6 year countdown from when an account becomes overdrawn without an overdraft agreement or is it something else?

Thanks

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The cause of Action is normally calculated form when the The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 is served......but if they fail to serve this within a reasonable period I advise its from the last time you deposited accounts paid direct debit or withdrew...plus 2/3 months.

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Thank you :)

 

Another if I may:

for a credit card default notice:

if it states that account balance is X and credit limit is Y is there a reason the payment due should be less than X minus Y?

I.e. the payment due wouldn't take the balance under the credit limit it would still be above it?

Thanks!

Edited by dx100uk
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so they can charge more unlawful £12 penalty fees!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes

start another thread in the forum of the oc and lets look

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you :)

 

Another if I may: for a credit card default notice: if it states that account balance is X and credit limit is Y is there a reason the payment due should be less than X minus Y? I.e. the payment due wouldn't take the balance under the credit limit it would still be above it? Thanks!

 

You also have the next months interest being applied...so if your struggling and close to your limit.....you are on the credit card merry go round and become the creditors best friend:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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