CCA Advice & Unauthorised Overdraft

[vusys1]

Ive posted this on another section,but ive had no advice:(, so i`ll give you the story so far.

 

Following payment problems with a FD loan & CC, I called them to see if I could make reduced payments,they agreed.(so far so good)

 

Then they say we are now withdrawing our banking services (had to change all my DD`s,open new account etc), but i must pay the agreed amount into the account.

 

a few months down the line I check online and find that they had amalgamated the loan & cc into an overdraft on the now closed defunked account,(which i didnt agree to,no APR mention etc). I am requesting a DSAR

 

I requested the CCA for both loan & CC on the 25.11.08,they received on the 26.11.08. I did not get a reply & the copies until the 7.1.09.

 

The CCA for the CC is unreadable (it is a true copy but out of focus),there also doesnt appear to be any CC limit or APR etc on the form.

 

Do I request another copy or report them for being over the 30 days before replying?

 

Onto the overdraft,after i wrote back asking the reason for the OD, i received a letter dated the 03.01.09 confirming my request for an informal overdraft,bog standard automated letter issued following my enquiry. (6 months after they actioned the OD,now they write to me).

 

I then receive a letter dated the 19.01.09 to clarify why the OD was setup & that I verbally confirmed this was ok(hence the DSAR).

 

If they are unable to supply a copy of the call outlining everything etc is the now uninforceable as I do not have a CCA(they didnt send 1)

 

They also confirmed that due to their error no letter was issued to confirm this agreement or a CCA form(they said they will send this later),they kindly supplied a back dated letter dated 17.07.08 and advised that this is a template and this is what would have been sent.

 

It states "Any formal overdraft facility is cancelled,as are any direct debits,standing orders and automated bill payments which were previously paid from your accounts"

 

(whats the diff between formal & informal overdrafts).

 

it then goes on to say:

 

"A Consumer Credit Agreement Act form will be issued under separate cover. This document confirms the amount and term of the repayments and the interest rate to be charged.It also confirms that provided you make the repayments as agreed FD will not take any further action against you. I must advise you that if the CCA form is not received, the agreement will no longer be valid and I may have no alternative but to issue final demand for the full payment of the total outstand balance".

 

Can they now issue a CCA 6 months down the line and enforce it?:-|

any replys much appreciated

[supasnooper]

Ive posted this on another section,but ive had no advice:(, so i`ll give you the story so far.

 

Following payment problems with a FD loan & CC, I called them to see if I could make reduced payments,they agreed.(so far so good)

 

Then they say we are now withdrawing our banking services (had to change all my DD`s,open new account etc), but i must pay the agreed amount into the account.

 

a few months down the line I check online and find that they had amalgamated the loan & cc into an overdraft on the now closed defunked account,(which i didnt agree to,no APR mention etc). I am requesting a DSAR

 

I requested the CCA for both loan & CC on the 25.11.08,they received on the 26.11.08. I did not get a reply & the copies until the 7.1.09.

 

The CCA for the CC is unreadable (it is a true copy but out of focus),there also doesnt appear to be any CC limit or APR etc on the form.

 

Do I request another copy or report them for being over the 30 days before replying?

Write to them putting the account into dispute outlining the legibilty of the CCA. The 30 day rule is no longer valid so you can't report them.

 

Onto the overdraft,after i wrote back asking the reason for the OD, i received a letter dated the 03.01.09 confirming my request for an informal overdraft,bog standard automated letter issued following my enquiry. (6 months after they actioned the OD,now they write to me).

 

I then receive a letter dated the 19.01.09 to clarify why the OD was setup & that I verbally confirmed this was ok(hence the DSAR).

 

If they are unable to supply a copy of the call outlining everything etc is the now uninforceable as I do not have a CCA(they didnt send 1)

No, the accounts cannot be made unenforceable as an Subject Access Request is made under the Data Protection Act and not the Consumer Credit Act.

 

They also confirmed that due to their error no letter was issued to confirm this agreement or a CCA form(they said they will send this later),they kindly supplied a back dated letter dated 17.07.08 and advised that this is a template and this is what would have been sent.

 

It states "Any formal overdraft facility is cancelled,as are any direct debits,standing orders and automated bill payments which were previously paid from your accounts"

 

(whats the diff between formal & informal overdrafts).

 

it then goes on to say:

 

"A Consumer Credit Agreement Act form will be issued under separate cover. This document confirms the amount and term of the repayments and the interest rate to be charged.It also confirms that provided you make the repayments as agreed FD will not take any further action against you. I must advise you that if the CCA form is not received, the agreement will no longer be valid and I may have no alternative but to issue final demand for the full payment of the total outstand balance".

 

?????????????? - Please can you confirm that First Direct have written the above paragraph.

I find it hard to understand this.

They are advising you that if the form is not received, they will issue a final demand ?

 

Can they now issue a CCA 6 months down the line and enforce it?:-|

 

 

any replys much appreciated

 

Yes - If they have a valid agreement then they can enforce it whenever.

 

 

May be good if you can scan and post up the CCA's after removing your personal details.

[vusys1]

May be good if you can scan and post up the CCA's after removing your personal details.

 

the CCA for the loan is correct,but the CCA for the CC is just a blur with my signature and credit card application form the on elidgible words

 

Hi,thanks for the reply.My scanner is kaput at the mo,but the paragraph i quoted was word for word from the letter they said they would have sent when they amalgamated the loan & CC into the overdraft.

 

I have today received a CCA which they want signed and & returned within 7 days otherwise they will refer to a DCA.

 

I still want the DSAR as no terms,interest rate etc was explained over the phone.

 

If they zero the o/s on the loan & CC and no put it into this overdraft (which i still dispute) and have failed to supply a CCA at the time,how can they insist I sign this one & return within 7 days.

 

Can i insist that i am allowed more time to request the DSAR? as they claim everything was explained to me on the phone?

[vusys1]

letters from FD

 

1. confirmation of my CCA request

2. letter out of the blue confirming my request for the OD

3. letter explaining why the OD

4. template of a letter they should have sent in July 08

5.New CCA for the OD (note threat at the bottom)

6.New CCA (note that on final payment o/s balance & interest is to paid)

[vusys1]

letter 6 (couldnt attach to the above post)

 

I have written to confirm the account is in dispute and certainly wont be signing a CCA where I have to pay 9k + as the final instalment.

[vusys1]

well FD have sent a reply stating they are unable to get a better copy but have stated that their current terms and conditions apply etc they also sent a photocopy of another application(not mine) which has had the name signature name crudely blanked out??? (no other personal details on the form), as this is a better copy they say this is what my form would have looked like ( i have compared the 2 and they are not similar in any way,baring in mind all i can see on my copy is my name).

 

they have also kinndly sent me a final demand for the outstanding 10k & are threating Sols & DCA if i do not reply,despite my letter stating the account was in dispute.

 

Any advise please on my next letter I can send? i was thinking of telling them that CC debt is unenforcible and needs to be removed???

 

thanks