Lame Reply To "Prove It" letter

[dinklyink]

I sent a "prove it" letter to the bank that is chasing me for an overdraft. It took months but finally got a reply.

 

It consisted of Stating the amount I owe.

 

To me this seems very lame and doesn't prove a thing. But...

 

What should I do now?

 

Many thanks

[maroondevo52]

Hi,

 

Is the account still open, what kind of account was it, are there any charges you could re-claim.

 

Regards.

 

Scott.

[dinklyink]

Scot thank you for the speedy reply.

 

I think the account is still open - though they've been chasing me to repay the overdraft for about 3 years now.

 

Every month my credit file also gets another black mark. So I guess it is open.

 

It was a student account.

 

From what I could tell when I was no longer able to pay it they added some charges and interest on to it - about £200 worth. They seem to have frozen it and the amount just stays the same nowadays.

 

Thanks for any advice/insight you may offer

[dinklyink]

Just giving this a nudge, I'd really appreciate being pointed in the right direction on this one. Thanks.

[maroondevo52]

Hi,

 

Find out exactly how much they have added in charges and proceed to claim them back.

 

Regards.

 

Scott.

[dinklyink]

Hi,

 

Find out exactly how much they have added in charges and proceed to claim them back.

 

Thanks, Scott.

 

Does this mean that I am basically accepting this debt is mine? It's only in the last few months they have tracked me down.

[maroondevo52]

Hi,

 

What Bank is it, have they not been sending you statements , is it in the hands of debt collectors ?

 

A bit more info would help

 

If they are marking your credit file, looks like it's yours.

 

Regards.

 

Scott.

[dinklyink]

Hi,

What Bank is it, have they not been sending you statements , is it in the hands of debt collectors ?

 

A bit more info would help

 

If they are marking your credit file, looks like it's yours.

 

Hi Scott

 

I'm trying to give the minimum information necessary as I know that the companies trawl forums such as these.

 

I am hesitant to state the name of the bank as I am unsure of it's relevance...?

 

The debt was in the hands of debt collectors, I sent them the 'prove it' letter, and the DCA now referred it back to the bank, from which I received a statement. I thought I was to be expecting some kind of credit agreement, something with a signature on... proving the debt?

 

Many thanks

[dinklyink]

based on this what would you suggest should be my next move?

 

Thanks

[deathbycrayons]

For an overdraft, there won't be a credit agreement as such. Your best bet is to send them a subject access request. It costs £10, but means they are obliged to send you every single bit of information they have about you relating to the account in the last 6 years. That will help you to identify how much you can claim back in charges, and while you are claiming back charges, the account goes into dispute untill the matter is settled. A subject access request allows them 40 days to comply.

[dinklyink]

thanks very much for this. Could you just tell me if what I think is right:

 

I think that there should be some signed agreement, or kind of contract. Should I be asking them to produce this, to prove I entered in to this contract with them?

 

Thanks

[deathbycrayons]

It's not that simple with overdrafts. When you opened the bank account, there should be something with a signature on, but generally overdrafts require no agreement as such, therefore no signature.

[maroondevo52]

Hi,

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the aount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

[deathbycrayons]

Hi,

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the aount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

 

In this case they would have to supply that in a subject access request.

[maroondevo52]

Hi,DBC.

 

I would think so, have a look at Rory32's posts in this thread.......

 

He's a lot more clued up on it than me

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html

 

Regards.

 

Scott.