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About ah1234

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  1. Well, I think this is not correct because the FCA have stated that since the EU directive re: CCA. Section V appears to apply to overdrafts and they have a statutory duty to provide an copy of the agreement. CCA 1974 does refer to 'overdrafts'. Current account information CONC 6.3.3R01/04/2014RP A firm must provide to the account-holder, in writing, the information in CONC 4.7.2R (2) at least annually. [Note: section 74A of CCA (partial implementation of article 18 of the Consumer Credit Directive)] Information to be provided on significant overdrawing without prior a
  2. Hi, In the online business directory the definition of 'overdraft facility' says it is a 'credit agreement'.
  3. Hi, I believe that an account with an overdraft where the 'agreed limit' is exceeded or when that facility is removed reverts to being covered by section 74, due to the ammendments.
  4. Hi, Did you mean that overdrafts are exempt from part V of the 1974 Act or did you mean that only part V of the 1974 Act can be applied to overdrafts?
  5. Hi, That's strange when I have called it a 'facility' I've been told (on the phone by Barclays) that it wasn't a 'facility'. What is a 'facility agreement'?
  6. Hi, I was under the impression that 'overdrafts' are a form of credit and this overdraft has been referred to as 'credit' by the FOS investigator. If overdrafts are specified in the Consumer Credit Act 1974 and there has been no enacted legislation to overturn that since, then the 'overdraft' should be covered by the terms of the Act. The 'overdraft' would be a form of running account credit and a CCA request should be valid. Barclays constantly refer to the 'agreement' and its terms and conditions without fully specifying what this 'agreement' constitutes. If it is not a
  7. Hi, Just to update: I have sent a CCA request (registered recorded) regarding the overdraft, but have not received any response to this request within the statutory time period. They sent me a letter saying that they were putting a hold on the account then immediately (within a few days) sent me another saying that it was available for use, but did not provide me with a copy of any "agreement" !!!! Back in April I sent a SAR and did receive some of my records. However there was no copy of any original agreement and no statements for the first two years of the accoun
  8. Hi, You must be a rare case of being happy to pay for something, that wasn't at all clear. 1) My overdraft fee was £5 per month when I was within my limit until 2000 2) I was overdrawn when Barclays started charging £6 3) I moved to Poland and realised I was being charged when in credit. 4) I questioned if the fee was not for the overdraft. 5) I never received any adequate answer 6) I always took out separate breakdown cover. 7) I paid thousands over the years in fees for what? 8) It was never made clear.
  9. Hi, Before 2008 when a 'personal reserve' facility of £1,000 was (automatically) added to an existing 'overdraft' facility of £700, there were periods in which Barclays would allow payments from my account whilst I was over the £700 'authorised' limit, often for quite large sums. This was in 2006,2007 and early 2008. Barclays thus had stopped bounicing cheques and preventing cash machine withdrawals from my account. T his was being done without any apparent arranged facility. From the statements it seems Barclays were also charging an 'unauthorised overdraft' monthl
  10. Well it was a monthly fee (while overdrawn) and is called 'overdraft fee'. which was probably from 1996 a least until additions appeared (the 'overdraft fee' disappeared when additions appeared in 2000 except for the first month in which there was both an 'account fee' on 3/7/2000 and overdraft fee on 17/7/2000). I would have to count them up and estimate between 96 and 98 because they didn't send these statements, so I guess about 30 or so (some of £5 and some of £20) I believe the account was changed to a packaged fee account without my knowledge and certainly without me rea
  11. Hi again, I have finally after nearly 40 days received the statements for my SAR request back to 1998. At that time I was paying a monthly fee of £5.00 for overdraft protection. This seems very much like PPI because it was to cover Barclays to honour cheques and direct debits within an overdraft limit. I only paid this in a month in which I was overdrawn. However, this morphed into a £6.50 'account fee' in 2000, which I thought was a continuation of the 'overdraft fee'. The statements after this are headed additions. This was certainly a miss-sell because eit
  12. Hi, Sorry, I should've posted this in the last message. What are CLI rules?
  13. Hi dx100uk, But it could be material to whether a customer knew that they were paying for a third party service provider via Barclays. In which case, if the customer didn't know that they were paying for a third party provider's service then there is no reason to assume that there is a problem with the account. - Because then the additional 'features' would be free of charge. As long as that is the situation, the customer cannot be deemed to have been 'aware that there was a problem', even if they were aware of 'features'. 3 year rule - 'when you first became aware that
  14. Hi, In the case of Additions accounts were Barclays providing current account customer data to third parties? I thought customer infomation was supposed to be confidential. Also, if not, what sort of contract was between the customer and the third party and what proportion of the 'account fee' was being provided to the third party?
  15. Hi, I am not very happy with this. Barclays have sent me a reply but say it is 'out of time'. They argue that I became aware of the problem more than 3 years ago, so they don't have to consider it. They say: "I have used the following complaint points to establish the 3 year limit" They use a series of statements I made in the complaint, most of which are in the negative. such as, "you were not made aware of any alternative options such as a free bank account" "You did not know about the cost associated with the account" etc. In the letter they
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