help needed

[Undercover-Elsa]

Hi Carteroo

What Debt4get means is that you need to scan the loan agreement they sent and post it up (best way to do this is via either tinypic.com or photobucket) after blanking off your personal details/account number, so we can check it for enforceability.

The current account doesn't come under the CCA in the same way as loans/credit cards do. However if you are likely to have any unfair penalty charges ie overlimit fees, unpaid cheque/DD fees etc then yes you do need to send a SAR. The link is below.

Hope this helps,

Elsa x

[Undercover-Elsa]

Hi again,

I notice there's PPI on the loan. Did you ask for this? Also were you self employed or on a pension or benefits when you took the loan out?

The uncancellable bit depends on the circumstances in which the loan was taken out.

Elsa x

[Undercover-Elsa]

If it was missold you can claim it back. Search the threads or Google Missold PPI for more info.

Interesting about the date...do you have any bank statements predating the agrrement they sent, showing payments to it?

The full SAR to Lloyds will show it up.

Thanks for the tickle btw

Elsa xx

[Undercover-Elsa]

You'd need to do the full SAR as opposed to the one mainly aimed at fees..the template is in my signature on post 3

From that they're supposed to send ALL the data they hold on you.Specify all data and emphasise anything you particularly require.

I'm not sure about adding to the claim once you've started it..maybe depends how far you've got..you might need to query that specifically on the Bank Charges forum

Elsa x

[Undercover-Elsa]

Hi Carteroo,

Don't blame you for being confused, it's quite a complex subject!

It does come under the CCA to some extent but not in the same way as loans and Credit Cards in that it's exempt from some sections of the Act, and as a result there i,s no written/signed consumer credit agreement to request under Section 78 of the act.

However there should arguably be SOME documentation, ie the terms and conditions when you opened the current account, stating interest rates on OD's etc. and some Caggers are investigating whether the bank can legally demand repayment if they can't provide this documentation.

There's an informative thread here debating the issue.

In terms of repayment of an overdraft, as National Debtline says, it should be treated the same as any other debt, once the relationship with the bank has broken down and they start calling the OD in. Then you need to arrange a repayment plan. Obviously its important to check for any penalty charges on the account which would reduce the overdraft if refunded, hence the SAR. No harm in specifying in the SAR that you also require the original documentation relating to your current account overdraft facility!

 

Hope this clarifies it a bit

Elsa x

[Undercover-Elsa]

I'm on new ground here myself..

Maybe..

Please can you also supply a copy of the original documentation relating to my current account and overdraft, including terms and conditions and any letters notifying me of the overdraft limit.