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CCA and ovedrafts


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Hi,

 

Could someone please clarify how Consumer Credit Act 74 is relevant to overdrafts on current accounts and how these overdrafts are different to let's say credit card accounts.

 

It is my understanding that it is not possible to request CCA for an ovedraft account pursuant to CCA74 s78.

 

What if I, for example, have requested CCA for a current account with overdraft and a bank have failed to provide it?

 

Does it puts the account in dispute?

 

Does absence of Consumer Credit Agreement makes debt on a overdraft unenforceable?

 

Thank You.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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The CCA1974 does not apply to overdrafts.

 

You could send them a SAR and check for any unfair charges. Then you can start to re-claim these, which would put the account into dispute.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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