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    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
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Gaznkaz08

Are overdrafts covered by cca's

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

 

McGuffick was basically the judicial system saying "up yours.... claim firms".. i.e. the ones who said do a s77/s78 request and if they dont comply take them to court to demand unenforcability... the judge basically said that recording bad/late payment markers on the credit file is allowed as its not an enforcement action.

 

Basically it appears the defence of not complying with s78 has been removed BUT they still need something to show the court to say an agreement existed.

 

S.


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Ok ... would you advise sticking to my "no agreement, no payment" stance - and just see where it takes me (and others in a similar position who are reading this thread) ?

 

Abs x:)

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Think the McGuffick case actually invited the banks into a potentially explosive 'false sense of security' actually. Many people will challenge the 'rules' surrounding an OD and ask for proof of any agreement and typically the banks state an OD is not regulated by CCA law, usually choosing to uncomplicate things by ignoring the exemptions aspect of their 'right' not to have to produce a regulated agreement.

 

Whilst any dispute continues the bank will register a default on your credit file safe in the knowledge that this is not considered to be an act of enforcement, thanks to the McGuffick ruling.

 

This of course does not mean that the registering of that default was appropriate, justified or correct. For those who have such an entry made against them that is subsequently found to have been incorrect an injury to credit claim or counterclaim could be anticipated. All the more so for someone with a previously unblemished credit file.

 

Given the increasing level of argument and lack of documentation the banks have frequently failed to preserve it can only be a matter of time before such claims will become commonplace. If they do it will no doubt be in part to the implied presumption of the banks that the McGuffick ruling effectively made it 'OK' to deface individual credit files on masse when in fact there always should have been an overriding emphasis of responsibillity in recording such notices on credit files, as intended by the CCA legislation in the first place.

 

Bankers appear to have short and very selective memory however and clearly this 'now justified permission' to issue DN's like candy will at some point in the future become a larger issue of contention than it appears to be today.


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well we've still had nothing back from DLC/Hillesdean/DL&C for ours other than the std mcguffick letters, that case doesn't apply to me as

 

WE won't be taking them to court

they haven't got any paperwork yet so can't apply a default as per the case

in any case i've already got a default on my CF anyway re this acc so thay can't put another one on

 

we've had a few calls, and a "contact us urgently" letter but nothing else

 

they've been CCA'd and it's been put in dispute and all they can do is quote inapplicable case law at the minute

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Hi ..

 

I also won't be taking NW to court over the OD, but bearing in mind their response to my CCA request saying that ODs are only partly covered by the CCA74 - in respect of reporting ... what would be the best next move for me?

 

My original CCA request included the following regarding the regulation of ODs under the CCA74 ..

"you will be aware that an overdraft is a debtor creditor agreement as defined under section 8 and 13 of the Consumer Credit Act 1974 (CCA74), and is a running credit account as defined in section 10. Accordingly, s78(1) of the CCA74 sets out quite clearly what is required in order for you to comply with my request, and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. (I then went on with the standard CCA request letter)

 

The register of a default doesn't bother me, but what does worry me, is NW or their reps getting this into court .... in this case shall I just keep re-sending the "in dispute " letter, including ref to the above as defence to any possible litigation

Any thoughts ?

 

Abs x:confused:

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Abby

 

I suspect FOS will be useless (as usual!) - but it might be worth contacting them in any case just to see if they can help - especially if NW do threaten court action. If nothing else it delays things while FOS investigate - at NW's cost of ££££ and hassle!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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subbing for reference. Thanks

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subbing

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I don't suppose someone can have a peek at my thread below?? Please, pretty please....

 

I got a ccj 2 years ago about a NW overdraft debt.

There is a discrepancy about the balance anyway: Solicitors claim total is x amount; NW claim total is y amount.

ccj is on x amount which solicitors say is the total debt to NW.

But NW keep sending interest accruing statements on y amount, despite having the ccj and a payment plan with solicitors on x amount.

x amount is a fifth of the y amount NW say is the total debt.

 

Now I have read this thread I am wondering if I can get the ccj set aside and the OD proven unenforcable ??

 

Advice is really, really appreciated as the solicitors have just sent a letter asking me to increase the monthly payments or they will re-start legal action against me...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/258751-hp-mum-nat-west-new-post.html

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well had an update today on one off the acc's, after a bit of letter tennis. Barclays can't provide DLC/hillesdean with the required paperwork, so the acc's on hold with nothing else going to happen unless the correct doc's appear. (never gonna happen)

 

and the default fell off the credit file last month as well :D

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD

 

 

this thread was regarding a barclays OD, but i have had a dca comeback with no CCA in exsistance for barclaycard. I've even got a letter from them when i asked about a PPI claim saying they had no record of any account for me.

 

mine was around the same time as yours.

 

maybe try contacting B'card yourself with the account number, if they write back saying no record as well, forward that to the DCA then tell them to do one :)

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G

 

OK thanks.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi, I have my own thread regarding my od - which has a faulty DN - and whereby the bank has disputed regulation under the act, save for the issue of a default notice which they say they must strictly adhere to .

 

I have recd today a offer of a reduced settlement ...

 

Anyways, I have been directed to this thread by one of the site team, and had a good read ... its all a bit much to take in at the moment, but wondered if you thought this letter is ok to send back to the bank ...

 

Or if you can suggest any amendments, or know of a better one ?

 

Also, I read here that the original od letter must contain the procedure to terminate the agreement.

 

My original OD letter has the agreed od limit, monthly and annual interest rate, but with regards to termination it says " your overdraft is reapayble upon demand. But if we increase or reduce your overdraft, we'll write to you three weeks beforehand". Does this mean the requirements for detailing the procedure to close?

 

Desperate for any help ... as I say I have a thread of my own, so don;t mean to hijack, but seeing that lots of people are contributing to this though it would give me a good chance to post this letter up, to get lots of points of view ... hope ok.:)

Edited by robinredbreast
attachment removed

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RR

 

HBOS are currently using the "overdrafts not covered by CCA" excuse to try to wriggle out of the current case against them in Glasgow Sheriff Court ( see the thread and Govan Law Centre's own web site for more info). It looks as if we'll get an answer to this before long.

 

Keep your od facility letter safe - few people still have these - and the banks tend to lose them too after a number of years!

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Ok thanks for that ... do you think I should send the letter I posted up?

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RR

 

I would look at the letter on the GLC web site (after the SC ruling) and see if there are any points in it worth incorporating in your suggested letter.

 

Good luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks for your help BD .. will do as you suggest .. who/what are the GLC website ... just to make sure I get the right one ..

 

Robin

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Govan Law Centre - just google it


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Sorry to be a pain ... thanks BD ... off to google right now .. !!

 

Thanks again for your advice ...

 

Robin

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You're most welcome!


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Subbing this argument is going to run and run.

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