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Does an overdraft come under the CCA?


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I have a previous thread "HSBC Court proceedings - what sum," which has followed my problem with DG Solictitors (ie. HSBC) who have issued a CCJ against me for an overdraft and unathorised overdraft, totalling about £6,000.

 

I'm now starting a new one because the issue now revolves around whether they should have sent me a default notice.

 

I sent them a letter saying that:

"I aver, however, that this is a regulated agreement and as such falls under the remit of the CCA 1974. In particular, I refer to Coutts v Sebastyen and the summing up by the Judge in relation to effect on overdrafts and the function of the CCA in such circumstances.

Your client is therefore, required to send a default notice in accordance with part VII of the CCA 1974 "

 

They have now replied and said that this is not the case and they did not have to send me a termination or default notice. I attach a scan of their letter.

 

Does anyone know whether they are right or not?

I have been paying an amount each month, off the overdraft ( I don't dispute the overdraft, but had the unauthorised one under the OFT legal case), DG just suddenly sent me the CCJ form out of the blue.

 

Thanks

PS If you want to see the long details of the situation up to now, please look at my previous thread " HSBC Court proceedings - what sum? "

dgdec0001.rtf

pinnate

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