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barney2

overdraft help!!!!

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Can anyone help me on this one please. I have a defaulted overdraft on my credit file and wondered if overdrafts have same rules with regards to cca etc. I want to question a few things on my file but this is the one i dont know how to go about it. Any help more than appreciated thanks.

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They should have issued you with a Default Notice under s76(1) and s98(1) of the Consumer Credit Act 1974. (Note in the case of credit cards and loans a Default Notice is issued under s87(1) )

 

The Default Notice for overdrafts will have to meet certain requirements such as listing correctly any rebate info you are entitled to.

 

See this link

http://www.consumeractiongroup.co.uk/forum/legal-issues/182664-help-i-have-just-18.html#post2273175If you don’t have a copy of the Default Notice for the overdraft account, you can obtain one (along with other information they hold on you) by sending the Bank a Subject Access Request (S.A.R) under the Data Protection Act 1998. An SAR template is here (just click in item #2 in the list)

 

The Consumer Forums - Bank charges templates (consumer)

 

another variation can be seen here :-

http://www.consumeractiongroup.co.uk/forum/barclaycard/195977-chris-morgan-stanley-urgent-3.html#post2170396

 

Note you will need to send a postal order for £10. Make sure you keep the receipt and also send it by Special Delivery.

 

When you get your Default Notice Copy (or if you have any problems), scan it, remove any ID from the image e.g. Name, address, account no. etc. and post it up on your thread for advice.

 

Default Notices for overdrafts can be defective e.g. If they contain unfair default charges (e.g £15 - £25 charges) or are not in the prescribed format. So ...one step at a time.

Edited by shakespeare62

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