Thanks - I'll give it a go - can't hurt really can it?

I haven't signed anything for an OD, that is why I wondered if the debt was enforcable, or does it just come within the bank account agreement?

Sorry, didn't make myself very clear - can I still request a copy of the CCA - the debt is now with a DCA - do they still have to provide a copy of the CCA to make the debt enforceable? Also because I signed a credit agreement for a basic account is this classed as an agreement for the account being upgraded etc. As i had an OD this could be seen as credit ITSMIAM. I wasn't sure if you could request a copy of CCA with bank accounts, in the same way you can do with cataloges, credit cards etc. Hope this makes sense.

Hi there Can anybody please advise, I opened a basic bank account some years ago, was issued with only a cardcash account, then a few years later upgraded the account to a cheque guarantte card over the phone, including cheque book etc then was allowed an OD that they kept increasing. I signed a CCA for the basic account (I think) but not for the upgraded one, especially not the OD. Do the rules regarding a CCA still apply in this case. Any help much appreciated.

Thanks a lot - much clearer now

Right, thank you. So they can enforce the debt at any time after the 12+30 days as long as they produce the CCA? What will reporting them to the OFT gain, I mean if they can still enforce the debt after that time period, will reporting them make any difference? Sorry, for all the questions - I just want to make sure I know what I'm doing and that I'm doing it right

Hi everyone Have been reading lots of theads - makes interesting reading;) and I am just about to send my CCA requests out but have just a couple of questions so that I can clarify things in my head because to be quite honest, the legal things are a bit over my head, so any help much appreciated: 1. After sending the CCA - the DCA have 12 days + 2 to respond, is this correct? After that they have another 30 days? 2. If they dont provide the CCAs after the 12 days plus 30, can they enforce the debt? 3. If they dont provide the CCA after this time frame, do I have report them/take them to court? What happens if I don't do this? Does the debt then become enforcable? 4. The majority of the debts that I am sending CCAs for are catalolgue debts - I did not sign any agreements - it was all done online, so can they get around this? I think thats all for now. I AM reading all the threads but get a bit muddled up with all the legal stuff. Will keep reading though

Bump..............

The last paragraph, "am I saying that after all the charges interest and the court refund there is still no money to come back" - sorry, i;m not sure what you mean - there is money to come back to me

Dear Ms Hollyoak Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today. After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so. I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made. I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company. I look forward to hearing from you in the very near future. Yours sincerely

sent this e-mail and cc'd it to Chief Ex- worth a try.............

Sent this e-mail and copied it to Chief Exec - worth a try......... Dear Ms Hollyoak Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today. After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so. I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made. I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company. I look forward to hearing from you in the very near future. Yours sincerely

To be honest, I am not concerned about my credit rating - its already very bad and I take on your point that I owe them money - I do but they have taken benefits from me to pay these charges which is why I want it back.

Thanks for that - they are saying the account is still active but sent me a "Notice of Debt" but obviously I cant use it as they have taken my card and chequebook back. Do you know if there is a templete letter for this situation anywhere?

Plesae Help Urgently - Have Rceived An Offer Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od. I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque. The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature. Please Help As I Really Need This Money

Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od. I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque. The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature. Please Help As I Really Need This Money

Oh, I see now where section 8 is - I was looking for it in the FAQ's - stupid woman - Thanks Michael and also you Sally for your support - YOU didn't make me cry - just got frustrated. I think I will just take it one step at a time, ie: have now read everything so will do things only when they become necessary, will stop jumping ahead IYKWIM. Michael - you can have a couple of beers and Sally, well - I will share my Baileys (lol theres not much left ), maybe I should treat myself to another bottle Thank you both very much Lisa xxx

You do make me laugh Sally, have now read the FAQ's as directed by Michael, I feel I'm annoying everyone but its really hard to take everything in and understand all the processes - oh !!!!, now I'm crying, silly !!! But I still don't understand what questionarie you are filling in, is it because the bank have put in a defence - is it the one for the court? And what is Section 8? When filling out the court forms will i have to explain why my OD is so large and why I have gone overlimit? I apologise for asking what are simple questions to some but I just want to make sure I get it right and the FAQ does not say anything about a questionaire, just the one if the bank put in a defence - is this applicable to me as I am not claiming over £1500?

Oh Sally - now i am totally lost, what is part 8 of the FAQ's, in fact what is the FAQ's. I have done the following but tell me if I haven't done it right:- Sent SAR - received statements Sent Prelim letter - response stated to allow them 4 weeks After 14 days sent LBA - still awaiting response I haven't had an offer at all either part or full settlement, should I be worried? Though, have received this morning a "Notice of Debt" detailing the amount owed on my OD and over limit and asking if I will pay this back by such and such a date (well, not asking really) if not it will go to a Debt Collection Agancy - have to say though, I was expecting this and am planning on including it in a Debt Managment Plan that I am in the process of setting up. Makes me sound awful, doesn't it - been in debt I mean but we have had a tough year and are just about making it right again though cant afford all minimum payments on debts therefore the DMP.

Sally - if you go out in the garden you will be freezing and wet and I really am concerned for your well being (lol) it's ***** cold and you can't do your gardening in whether like this. What, with sueing all those banks and now this gardening lark I think you need to rest

Thanks Sally - you're always there - just very scared in case I have to go to court as I might have to explain my very large OD!!! No, no news as yet so feeling very downhearted - they are probably just laughing at me. I'm all for holding hands but maybe, just maybe instead of that you could just do it all for me - that'd be great and I might even buy you a bottle of Baileys, not that that would be a bribe or anything (lol) ;-) . Does nobody else read my thread as you seem to be the only one replying but I am grateful honest - just would be like to bit a bit more popular If you have to file at court next Thursday, that means I have to do it on Friday/Saturday - I posted the LBA on saturday so which day do I do it? And what do you mean preperaing questionaire? What do I have to prepare? Oh no - am getting scared now. And what are you doing this weekend? Not sure I am doing the right thing now - oh blow it - they have !!!!!!! me for money and I want it back!!! I have read the step by step instructions and they have said nothing about the above :o

Hi All Does anybody know if Halifax are likely to defend my claim - when it gets to that stage as I have a large authorised OD with them and it is currently overlimit ( a lot of this is charges) and no monies are been paid in - they have put a stop on account but this was before I started this process. Any advice much appreciated Thank you

Though I'm blonde too I've got 2 inches on you so I might get a letter on Tuesday !! Though I doubt it, how did you go on if you don't mind me asking - I have looked for your thread but can't find it - I'm pretty useless at finding my way around here. Suppose I am just expecting the worse - I never have any luck (oh, now I'm feeling sorry for myself, never mind its nearly bedtime for the children so I can have a large glass of Baileys to drown my sorrows).

Well, still no reply from the lovely Halifax - so sent my LBA on Saturday - not holding out much hope though as I'm so overdrawn (though have another bank account now which I'm useing) - they will probably just laugh at me!!!!

Thanks Sally - the voices of reason!