Template to request CCA for Overdraft.

[The Debt Star]

The CCA 1974 template needs adapting for od's. I would add that you also request a copy of the facility letter that was sent within 30 days of the od being set up, a copy of the retail customer agreement for the current account, a copy of the od agreement and a CCA agreement and termination notice if such exists. I would therefore send them a CCA request and an SAR in the same letter, under different headings. I do this and it it fine.

 

As more experienced caggers than I have told you above, ods ARE covered by the CCa 1974 whereas current accounts per se are not. Therefore, it is up to the bank to prove that the Part V Exmeption afrom the CCA 1974 applies to YOUR od and further that the Determination is proved in the facility letter they are obliged to send you within 30 days of the od.

 

Also do note that some of the CAG precedents I have used still refer to the Banking Code and the Banking Code Board etc. This no longers exists. It is the Lending Code and the Lending Standards Board (since December 2009). The bank must comply with the LSB's rules and regulations as well as the Lending Code and you should request them to log their breaches of both the Code and Rules and Regs in their compliance log. Then dob them into the LSB as well as the OFT.

 

Report the DCA separately to Consumer Direct who will involve TS for you and also the FOS.

 

With all this going on the DCA cannot and will not pursue you.

[The Debt Star]

Hi i dont know if im on the right place but i have a letter from solicitors regarding wescot credit services about an overdraft,the overdraft was 300 quid but they want 1950(yes 1950) lol because of charges,i forgot all about the overdraft and didnt receive any letters until now,,please sumone help do i cca them or what?

 

Hello. The bank MUST write to you and offer help and invite you to enter into a repayment plan. This is in the Lending Code and the principles of their compliance in this regard are also stated in the Lending Standard's Board Rules and REgulations. If you bank has not, as you say, written to you about this then they are in breach of the rules. You must dispute your account and simulatneously send your bank a CCA request and a SAR. At the same time contact the LSB and the FOS. The LS won't listen to your individual complaints but they will contact the bank and someone in the bank (the code compliance officer) will then start to take notice.

 

Tell Wetcloths that your account is in dispute and that if they contact you while the FOS, LSB etc are investigating the bank's breaches of the Lending Code that you will report them to Consumer Direct, TS and the FOS as well. Ask that Wetcloths place your letter for the attention of their own compliance officer and lodge a formal complaint about them.

[The Debt Star]

ha ha this must be a world record,

dont even bother to reply or send the solicitor a joke that you know of

the debt is well and trully statute barred and not worth a reply in fact any more idiot letter from the brain dead fool who sent you this letter ought to be disbanded disrobed and flogged... and when you send the statute barred letter also send a harrassment warning to the sols and let them know any more stressfull letters like what they have sent will be sent to the SRA (solicitors regulation authority) this debt cannot even be reported as a default so just dont worry about it...

 

How do you know its statute barred? he hasn't told you how old the od is?

[The Debt Star]

No, they want £1950 (it was originally £300).

[The Debt Star]

Thanks debtstar but are there any letter templates around that i could look over,i have a cca request letter stating s77 and s78,could i maybe use that? thanks again

 

Yes but adapt it so that it includes reference to the all important docs and agreements I have already mentioned.

 

The bank will then write back and say the CCA doesn't apply and that they have exeption ubder the OFT determination. You then begin the ping pong letter writing educating them that they are wrong unless they can prove otherwise.

 

How old is the overdraft BTW?

[The Debt Star]

they want 1950(yes 1950) lol because of charges ,i forgot all about the overdraft and didnt receive any letters until now

DOH,AINT I DUMB HEHE sorry DS did not read that correctly i blame the dementure syndrome lol

anyway like you say he needs to send a CCA asking for a complete breakdown to all charges etc

patrickq1

 

lol, dude, glad I aint the only one that does that on here

 

yeah, a 1950 od would be funny wouldn't it?

[The Debt Star]

Hmmm...if Lloyds failed to follow the lending Code protocols proeprly then they have to deal with your dispute.

[The Debt Star]

Hi all,

 

Halifax have recently withdrawn my OD limit without even bothering to inform me (which they claim that they have, although I havent received anything). This has no left me with 3 weeks without any money.

 

I spoke to Halifax and they "kindly" offered to reinstate the OD up the current amount so that I dont get charged £5 a day. What's funny is that only last week I got a letter to them where they stated that my OD is due for renewal and would be kept at the current limit. But instead they've pulled the plug.

 

So, as I've ONLY been with them for 14 years, I've decided to open another account elsewhere which I've done and get my salary paid into that account. The question now is what can I do about the OD? I have a good mind to not pay it back but would the law be on my side?

 

I've had the OD for at least 7 years and dont remember once signing anything to say I accept or agree to limit. Can I CCA Halifax and play hardball?

 

Thanks.

 

The law is not on the side of the consumer. forget that. pay them off if you can otherwise they will trash your credit report.

[The Debt Star]

The question now is what can I do about the OD? I have a good mind to not pay it back but would the law be on my side?

 

I've had the OD for at least 7 years and dont remember once signing anything to say I accept or agree to limit. Can I CCA Halifax and play hardball?

 

Thanks.

 

Hi. Not suggesting you shouldn't and please don't think I am advocating letting the banks walk all over us!

 

I can only speak of my own experience in a situation very similar to yours (very similar to that you have described!). My account was held with LLoyds for 21 years. Long-standing overdraft, suddenly cancelled. I couldn't repay it. They demanded full payment. So I wrote to the bank with a monthly repayment proposal which they ignored. They then sent 2 excess notices asking for 100% of it back or else inviting me to contact them with "repayment proposals"! They ignored my letters. So I complained to them and during the complaint they defaulted me and stuck it on the credit report. Sits there for 6 years.

 

Now, I have found that it makes no difference that the bank were breaching the Lending Code, that it makes no difference the bank didn't follow their own internal complaints process, that it makes no difefrence there was a breach of data protection legislation and it makes no difference complaining to the Lending Standards Board, the Information Commissioners Office or the Financial Ombudsman. The FOS are working towards compensation for me but are unable to do anything about the default (which is my real bugbear).

 

All I am saying is that, if you can and if you are minded to, pay them what you borrowed and move on would be the best option. But thats my experience of dealing with Lloyds. Yours may be different altogether with Halifax and perhaps you feel like the fight.

 

Just sharing my thoughts here good buddy - which is what these forums are all about.

 

Kind regards,

DS