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CL Finance - Full and Final ?


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Wait a minute! Are you saying that they have grouped together the OD and the Loan??

 

If so, this is completely wrong as they come under different sections of the CCA, you need to tell them that these debts are TWO separate debts, and not one!

 

If they refuse to treat them as two individual debts then you need to, in the first instance raise a formal complaint with which ever cowboy has decided to group them together (HSBC or CL) and if they don't then they need to be reported to the FOS to investigate..

 

Yep.... this would count as an unlawful assignment by the original creditor. I raised a similar issue with Moorcroft years ago when 3 of my accounts were amalgamated and sold. CCA them before you start thinking about giving them settlement money.8)

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Send the CCA to whoever is currently chasing you for payment. Enclose a Postal Order for the £1 fee (not a cheque) and don't use your normal sig.... just print a "sig" instead.

 

Send by rec. delivery and wait. Do not speak to anyone on the 'phone if they try and insist upon all communication in writing.

 

:)

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yes cca cl finance and keep paying for the time being.

 

HSBC have done the same to someone else I know. They combined a managed loan and overdraft and then sold it on as a single debt. They then claim it is one debt and just for an od so they can try and wriggle out of complying with the cca request.

I SAR'd hsbc and got the info i needed to prove it was two debts.

 

 

Similar scenario with Moorcroft. The original creditors were even kind enough to include a final copy of the bank statement in the SAR paperwork which showed a teeny tiny overdraft balance before 3 accounts were flogged out and amalgamated as one. The CCA request only returned a current account application form.... nothing else. Well they couldn't, could they? ;)

 

Stupid bergers... :D

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Just to check, the loan will be covered under s77 of the CCA and the overdraft is not covered. Is that correct? So my letter should make the request under s77?

 

Thanks

 

Yes.... s.77 for the loan. :)

 

Make sure it goes off by rec. delivery, enclose a PO for the £1 fee (not a cheque) and don't use a normal signature.... just initial or print.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

Edited by PriorityOne
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Overdrafts are covered by the CCA but have a sec.5 exemption, don't ask me what that means, I just know that there was a very long thread on here a while ago where it was discussed at great length, but do you think I can find it now!:rolleyes:

 

Much harder to prove... CCA sec. 74 if I remember rightly BB

 

:)

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