First Direct CCA- Is this enforceable??

[roygoodbeat]

Is this enforceable. This is the signed CCa agreement that First Direct claims covers my overdraft and credit card.

[roygoodbeat]

Is this enforceable. This is the signed loan agreement that First Direct claims covers my loan. I suspect it is but I need clarification?

firstdirectloan.pdf

[roygoodbeat]

To me this is an application and therefore unenforceable.

[roygoodbeat]

Sent the letter stating that is was unenforceable.

 

 

Their response.

 

 

To roll up the debt into one account and get their solicitors to start calling and writing demanding immediate repayment.

 

 

I also had a loan with them.

 

 

Offered a payment schedule and started paying.

 

 

They've ignored this and roled this into the debt.

 

 

The CC and overdraft are in dispute and this is the second party that they have now passed this onto.

 

 

This surely is another breach?

[krikkie]

Yes it is another breach. That contract is unenforceable.

[roygoodbeat]

Surely if the account is in dispute, a default is not valid?

[roygoodbeat]

Any advice?

 

 

I have received confirmation today that they have rolled my cc, overdraft and loan into one account.

 

 

I have agreed to repay the loan and commenced payments.

 

 

I strickly advised their solictors that I do not acknowledge any other debt with them.

 

It has taken three months for them to confirm that they have rolled everything into one account.

 

 

I am of the opinion that they have tried to get out of their obligations under my credit agreement request

and attempted to conceal it within another account by rolling these into one.

[roygoodbeat]

After writing to DG Solicitors,

I advised them that the credit card and bank account were in dispute and

that First Direct should not have passed this onto them and rolled this debt into one.

 

 

I advised them that until First direct produce a fully valid credit agreement (Not application form),

no debt would be acknowledged and that my orginal consumer credit agreement from 9th June was still outstanding.

 

I also advised them that we had agreed to repay the loan only and payment terms were agreed.

 

received a letter stating that they would not act on this letter unless I signed the letter??

 

received another letter stating that the temporary repayment terms for the loan had expired

and they wished me to increase the payments to them??

 

 

We had agreed the amount and there has never been any mention that this is temporary.

 

 

All I have ever offered was if I felt I was in the position to increase payments,

 

 

I would advise them and do so.

 

I have paid on time, however, DG and First Direct have messed up on processing the payments.

 

 

I insisted on standing order details in the end as they kep messing this up.

 

Advice needed??

[roygoodbeat]

Have had a copule of letters from DG.

 

 

They are refusing to deal or acknowledge my complaint about the fact that First Direct have consolidated all my accounts into one.

 

 

I have agreed to pay back the loan only and payment terms were agreed.

 

 

Not the credit card (Unenforceable agreements and bank overdraft)

 

They will not do so until I have signed my compliant.

 

 

Secondly,

I had agreed a set amount for the loan to be repaid.

 

 

They are now claiming that this is a temporary agreement and they now want me to increase my payments.

 

Any advice??

[Coactum]

I have a similar situation with them; Overdraft and Gold Card. So far they have engaged the services of Moorcroft Debt Recovery Limited, Central Debt Recovery, DG Solicitors, Direct Legal & Collections, Hillesden Securities, Metropolitan Collection Services Limited, Midas Legal Services, Credit Resource Solutions, CapQuest and HL Legal to name but a few.

 

My guess is that they know the contract is unenforceable but for as long as there are DCA out there willing to accept cases on the basis of a % of any sums recovered they have nothing to lose, so they just keep passing it on.

[roygoodbeat]

As they have rolled the debt into one, does this affect the agreement. I had agreed to make regular payments to them for the loan (Which I have continued to do so)

[Coactum]

They tried to roll the two into one with me a very long time ago. I objected on the basis that these were seperate contracts and they never mentioned it again. I do not believe they have the right to merge the tow without your prior approval.

[annabella7]

hi there.i am in the same position opened f.direct gold credit 2002 did balance tranfer and never used the bank account. However financial problems last year, never missed paying but i sent in reduced amounts .they made a consolidated loan and sent default letter not i have ccbc summons which i am trying to deal with at the moment. the default letter may be a few days out but just in case any more advice would be gratefully appreciated. thanks

[roygoodbeat]

I am still to find out about rolling these into one.

 

From the advice I have seen, they are not allowed to do it. I ned to find out which act may have been broken.

[annabella7]

Thanks for that if you can find out

[roygoodbeat]

Whilst I have agreed to reply the loan, First Direct rolled everything into one account. I had agreed with their debt agency that I would repay the loan only, but not the overcharge and credit card until they came up with a valid agreement.

 

I agreed a payment plan on this basis and have continued to pay that. I then enquired about the CC and overdraft aspect as I quiried the balance. They refused to reply until I supplied a signiture.

 

I wrote with a letter stating that they do not need the signature fopr my request. They refused to deal with this.

 

I have now received two letters stating that my temporary arrangement ahd finished and I need to increase my payments otherwise action would be take.

 

Firstly, this was a permanent agreement.

 

Secondly, can they do this once it has been agreed. They even put this in writing that I would pay xyz until the account had been cleared?

[Coactum]

Hi roygoodbeat, who did you reach agreement with; First Direct or their collection agent?

[roygoodbeat]

Their Collection agent. I have it in writing that payments would be xyz a month.

[Coactum]

I would take any agreement with an agent with a pinch of salt. I'd even go as far as saying First Direct probably have no knowledge of any agreement. All they see is that the agent is managing to make a collection and for as long as that continues they are happy. However from time to time either the agent or FD will try to squeeze a bit more and I say that is what they are doing now.

 

Might I suggest this response?

 

Dear Sirs,

 

I had no idea that the payment arrangement I had was a temporary one but I welcome the opportunity to review my payments because I have been struggling to maintain this level of repayment. I would like to pay (some value less that present payment) and look forward to your acceptance of this new agreement.

 

Regards,

[roygoodbeat]

Looking to review my situation. Had yet another letter with incorrect balance after they rolled everything into one.

 

I have agreed to repay the loan and the loan only. All my correspondence states this.

 

The overdraft and CC were signed on the same application form. I am right in saying that the CC part will be unenforceable but the overdaft would be treated seperately.

 

The overdraft will have had charges on it but after the oft test case, it is more difficult to claim.

 

Whilst the cc is unenforceble, like the loan agreement, I can now start paying back the overdraft if need be. Any advice??

[roygoodbeat]

Haven't had a reply to my last posting. Can anyone clarify if an overdraft is covered under section 77 or 78 of the consumer credit act. If so, surely the application form I have been sent is not compliant.

 

Secondly, whilst I have agreed to repay the loan only, they have consolidated everything into one account ie: loan, CC and overdraft.

 

I have verbally and put in writing that I accept only the loan.

[pabrmu]

Hi RGB,

You don't seem to getting much help here and I am afraid I am not much use to you.

However, if you type "is overdraft covered by cca" into google, there are some threads on this forum.

Good luck.

[roygoodbeat]

Its been a while since I posted on here.

 

 

I attempted to make payments to cover the loan but I am still on a low income and I haven't paid for a year.

 

I have always said that I do not acknowledge bank account/ credit card and have only referred to the loan agreement..

 

I moved but letters started coming from them.

 

They still keep rolling the full amount of the overdraft, credit card and loan into the one account.

 

It is 5 years, 8 months since I last made my last payment to my credit card and

I have written to them saying I do not acknowledge the debt since.

 

Want to know the current situation with First Direct and rolled into one accounts.

 

I understood that they could not do this as bank overdrafts are not covered by the CCA..

 

Hope this makes sense.

[AndyOrch]

Hi roy

 

Overdrafts are covered by the CCA1974 The agreement/ overdraft Facility confirmation and Terms and Conditions are covered in section 61B ...but they are exempt from a CCA request.

 

1.1 What is covered by the s74 determination?

 

A determination under s74(3) was made by the OFT with effect from 1 February 1990. It applies to d-c agreements enabling the debtor to overdraw on a current account, under which the creditor is a ‘bank’ as defined in the Bankers’ Books Evidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

 

A separate determination was made in respect of certain agreements connected with the death of a person.

 

Copies of the determinations may be obtained from the OFT.

 

Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing – see Q1.2.

 

1.2 Are all bank overdrafts exempt?

 

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

•the creditor must inform the OFT in writing of his general intention to enter into such agreements;

•the debtor must be informed, at or before the time an agreement is concluded, of the following:

o the credit limit (if any)

o the annual rate of interest and any charges applicable, and the conditions under which these may be varied

o the procedure for terminating the agreement;

•the above information must be confirmed in writing.

 

Furthermore, where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

 

You are correct to keep it separate as far as you are concerned...as they do not have your consent to amalgamate them.

 

Regards

 

Andy

[roygoodbeat]

Hi all.

After about three years,

now received a letter from restons stating they have been asked to commence court proceedings.

 

To save all from reading this from the beginning, in a nutshell:

 

Had a loan, overdraft and credit card.

Loan and CC covered under the 1974 CC credit act. defaulted on all due to financial difficulty.

 

 

They then rolled everything into one account.

I only ever acknowledgeed the loan amount

however, they ignored my letters and complaints that the account was not valid and I only ever acknowledged to loan at the time.

 

 

Started paying and stated at all times, this was for the loan,

noticed the account details and reference they gave was for the whole amount.

 

 

They have ignored everything.

I stopped paying for the loan over three years ago.

The CC, loan and overdraft are over 8 years old and I have never acknowledged their right to add this to the amount.

 

Over the years people have stated that they could not roll everything into one account.

Secondly an element of their potential claim is statue barred.

 

I will be finally clear of any CCJ's and deafults in September and have just got engaged.

Am planning to buy for the first time in 7 years,

so it is important that I do not get anything new on my credit record as I will be back to square one.

 

 

I am 50 and need to get back on the property ladder otherwise loan payments will be too high and I am wasting money on rent.

My partner is about to sell her flat so we have a deposit.

 

I am out of touch of any recent changes. Looking for advise.