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Barclays overdraft, Hillesden


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Hello,

 

I am currently dealing with Hillesdens, regarding an old account i used to have with Barclays. The money they are trying to collect is from an over draft i used to have years ago.

 

I sent Hillesdens a CCA request (although i have since learned that this doesn't apply to over drafts). They replied stating that there is no CCA as it was an over draft, and that they will request a statement of accounts from Barclays. They have said they will update me before the 25/10/07 (tomorrow).

 

They have not contacted me since.

 

The problem is Hillesdens are showing on my credit report, and are updating this on a regular basis with a default. As they have failed to supply me with any evidence that they own the debt am i able to force them to remove this default?

 

To complete the picture the over draft is mainly made up of charges (if memory serves correct), and the default date on my credit report is showing as 18/06/2002.

 

The very latest that this debt will be statute barred from would be the 18/06/2008. Although it is likely to be before then.

 

What should i do next?? I want to repare my credit rating as i will be applying for a mortgage with my girlfriend sometime next year.

 

Sorry for the long post, and thanks.

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overdrafts are different.

 

someone will be along soon ( have work and family etc) that may guide you in the right direction

 

 

Idax

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If the debt is comprised mostly of charges, then you can challenge the default and have it removed. To get an accurate figure for the charges you will need to send Barclays an sar.

Even though there will not be an executed document relating to the overdraft, it is still covered by the Consumer Credit Act.

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As it is Hillesdens who are showing on my credit report, i want to be sure they do own the debt. I have sent them a CCA request but obviously this is not available.

 

Should they provide me with a deed of assignment to show that they have a legal right to add a default?

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They are not obliged to send you a copy of the DOA. If Barclays sold the debt to them, then Barclays should have first sent you a Default notice and when Hillesden bought the debt, Barclays should have advised you of the change of ownership.

Best thing is to sar Barclays which should give you your bank charges and

details of the transfer to Hillesden. They should send a copy of the Default notice but don't hold your breath.

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Still waiting for them to reply to this SAR, but wanted to ask if they do not supply a deed of assignment, would this mean that Hillesdens have no right to be claiming this, and should therefore remove default on credit report?

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Overdrafts ARE CCA regulated so you should CCA them ASAP. If they can't or won't provide the copy agreement & breakdown of account then they will be in breach of CCA regs ( after 12 working days of receiving your request ) and possibly commit a criminal offence ( after a further 30 days ).

 

Make sure you send it recorded delivery & keep a copy

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I have already sent them a CCA, which they have said they do not have one as this doesn't apply to over drafts.

 

If you have still got this letter I would just go to trading standards and advise them you are being pursued for a debt when CCA hasn't been complied with. Also complaint to OFT. I can assure you that overdrafts are covered under CCA 74 so under ss 77-79 you have a right to copy agreement & breakdown of account. They are incorrect.

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There may not be a credit agreement for the overdraft but they should supply a copy of the letter that was sent when the overdraf was agreed which should outline things such as credit limit + rate of interest etc. Overdrafts are exempt from most of Part V of the CCA (Form and content) but they are still regulated (kinda!)

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