DCA CCA & Overdrawn Accounts Help

[cracker2008]

Wondered if anyone can help...I have read on here that DCAs have no need to provide a CCA or answer a CCA request for bank accounts that arei in the red ?? Is this the case ??

 

I have two accounts one with Halifax about 900 ODrawn and the other with A&L which is around 900 ODrawn....Halifax has been sold to Apex Credit Management. The other one is still being chased by A&L themselves.....this one was an internet banking only and never signed anything anywhere just applied on line got accepted and that's it....it even came with a 600 pound overdraft as well.....all not asked for but given on a plate !!!!!

 

I have telephoned these muppets at Apex today who use very aggressive tones and manner threatening doorstep collections etc etc. In the end I put the phone down as I was clearly getting nowhere. I have told them I would not disclose any personal information over the phone and have today written them a CCA letter with the 1 pound PO....does this mean they have a right or not to chase these debts if they don't have to provide a CCA ??? Do they have to prove that you owe this amount at all in a breakdown etc etc....as I know most of the amounts on both accounts are charges upon charges ??

 

Thank you in advance

[PGH7447]

CCA do not cover current accounts, although some people have said that they put the account into dispute by requesting one.

 

have you any charges you can claim back by using a sar to the original creditor

[cracker2008]

I will SAR both A&L and Halifax and see what comes back.

 

In the meantime I have requested from Apex Credit Management a CCA so should I see what their reply is to that one ???

 

Apex could not give me any information on the debt just that it was with Halifax and for near 900 pounds when I telephoned them......they told me over the phone I should know what its for and couldn't be any clearer, that's why I sent to CCA just to see what they actually come back with !!!!! Do they have a legal right to chase this debt they say they bought from Halifax without any proof of what its for ???

 

Any other suggestions much appreciated ???

[dx100uk]

firstly, NEVER talk to a dca on the phone.

they need to prove to you they have the correct paperwork to be legally allowed to chase the debt. till then they can demand all they like!

 

i'd do as suggested, SAR the original lenders and get a claim in for unlawful charges, then write to the DCA's and say A/C is in dispute.

 

dx

[cracker2008]

Thanks for that advice, point taken.

 

Will SAR original creditors they take it from there.

 

Regards, will keep you posted

[cracker2008]

Took an SAR into my Halifax branch today and handed it to the girl at the counter....she looked through it and said she would stamp it in and send it off to Head Office. I also gave her the letter from Apex Credit Management and a bogus looking letter dated October 2008 supposedly from Halifax informing me that the debt had been sold to Apex and to only deal with them from now on !!! Even the girl in the bank didn't think the Halifax letter was real......

 

She looked on the system and said my account was nil and not 876 overdrawn as stated in the letter and that is was POSSIBLE that the debt had been sold to a collections ageny.

 

She advised me to contact Halifax head office and gave me a number to check if this was correct and that the debt had been sold to an outside company.

 

She also added that if it had they need proof that they can collect that debt they cannot just demand payment hahahaha !!!!

 

Also, CCA's Apex Credit Management with an unsigned recorded delivery letter and the 1 pound PO yesterday so await to hear from them too :o)

 

Should I just sit back and wait now or would you ring the Halifax Head Office to check the debt has been sold ?? On the screen it shows a nil balance on my account and like I said not the 876 overdrawn that is claimed from Apex........

[dx100uk]

hey thats great news.

can't see how ot why a debt of £0 would even be considered to be sold on, neither why ACM 'appear' to have brought it then added charges of their own.

 

interesting situation.

 

case closed as far as i can see, unless you want to make ACM wriggle if they do insist there is an outstanding balance & demand for it to be paid.

 

could be funny to collect all the paperwork up they send & inform the relevent authority...fraud squad rhymes quite nicely...

 

dx

[cracker2008]

Got a letter from ACM this morning contents of which are below:-

 

I am writing concerning your letter received today, the contents of which have been noted.

 

In order for me to refer your disputed account to Halifax for them to provide us with a copy of your signed agreement a fee of 1 is required. We will endevour to forward the copy of the agreement onto you as soon as we we receive it.

 

Your sincerely

 

Miss A Collier

Debt Purchase Sales Support

0871 244 2812

 

What next ???? A 1 pound postal order was attached to my recorded delivery letter.....are they asking for 1 pound or is this just another standard reply letter ??

 

Also checked on my credit file and it doesn't say anything about debt being sold etc etc as I believe it should but has an S as latest with the balance on the account as 0.....???

 

Bump

Edited January 20, 2009 by cracker2008