Does Cca Cover O/d And Or Bank Accounts

[boyboynova]

Hi,

Does a CCA cover an Overdraft /Bank Account

Being chased by Debt Managers for O/D on old Abbey Account or should I just S.A.R - (Subject Access Request) Abbey as there are loads of charges.

 

Chris

[rory32]

It doesn't cover overdrafts in the same way that it covers other credit agreement and signing of an agreement by you is not necessary for overdrafts. Personally I would just send the SAR.

[boyboynova]

Cheers Rory,

I sent them CCA Request months ago,and just received letter this morning saying not covered by CCA so just wanted to make sure.

I dont really want to deal with a 3rd party (Debt Mgrs) can I send any sort of letter to say I will deal with Abbey only.

Any Ideas Help

Thanks Again

Chris

[rory32]

Well start by sending the SAR to Abbey and then if Debt Managers contact you you can send an account in dispute letter basically telling them to get lost.

[boyboynova]

Thanks Rory

Have tipped the scales

[moneyhelp]

I have no charges to claim on my account, but I am being chased by DCA for money owing on an old current bank account, what can I do please?

[rory32]

When you say old, what do you mean/ Do you mean you've had it a long time or that you haven't paid it in a long time?

[ANOtherScaredPerson]

Rory

 

Sorry to butt in to this thread, but I'm also being chased for an overdraft that I haven't paid on in years. I've been advised in another thread that I should send a CCA request to the DCA and a SAR to the original creditor.

 

What are the reasons/potential benefits of sending the CCA letter against not sending it? Is it worth doing just to check their paperwork is in order?

 

Reason I ask - got a letter from a firm of solicitors (Geoffrey Parker Bourne) and have a feeling proceedings are imminent, would I be opening myself up to problems if I send the CCA? I haven't even acknowledged the DCA yet at all.

 

Sorry again for the hijack, I'm just really worried

[moneyhelp]

Hi Rory

 

It is a account I no longer use and haven't done for a year (since I claimed all the charges back), I have been paying it off at £1 a month like all my other debts. I have sent a letter both to my bank and the DCA offering £1 a month - hope it works

 

 

When you say old, what do you mean/ Do you mean you've had it a long time or that you haven't paid it in a long time?

[rory32]

AnotherScaredPerson and moneyhelp if you have threads running on these problems could you please post a link and I'll happily have a look at them, rather than hijack someone elses thread. Thanks

[ANOtherScaredPerson]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137686-please-help-letter-debt.html

 

Thanks Rory, and apologies to Original Poster

[boyboynova]

Which dispute letter should I send to Debt Managers

 

Thanks

 

Chris

[rory32]

What letter have they sent you?

[boyboynova]

Notice of Proceedings-Pursuant to county Courts Act 1984

 

Pay up or else...

 

Sent SAR to Abbey but as yet nothing back

[rory32]

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

 

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department.

 

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

 

 

I look forward to your prompt response.

 

Yours faithfully

...

[boyboynova]

[boyboynova]

Cheers Rory.

Above is letter what DM have sent