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tedney

natwest summons for joined overdraft and loan

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Thanks yourbank.

I suppose I could send an SAR, requesting all info for the accounts, or should I request the info under court orders? As case is stayed at moment, and they are the claimant, I am in no hurry as yet, as I have defended and also sited unfair charges.

What is best, do you think?

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The case is still stayed at present. In view of the SC ruling, does anyone have any views about whether I should apply for stay to be removed and proceed to court, or do I just sit and wait, and see what transpires?

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Section 86B(6) provides that a notice of sums in arrears under a fixed-sum credit agreement (a loan) or a consumer hire agreement must include a copy of the current arrears information sheet under section 86A, and section 86C(3) makes equivalent provision in relation to notices of sums in arrears under running-account credit agreements (a credit card).

 

This came into effect as of October 1st 2008.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.

No notice received of sums in arrears since February 09. On a CRA report for February 10, account in default has been increased by £1300.00 since september 08, and approx £1700 since March 2008. As no notice has been received of "sums in arrears" is the bank now not entitled to enforce the debt or interest?

I have also found this:

"As required from 1 October 2008, a formal letter which has to be served when a customer is two months in arrears and at six month intervals after that. Content is specified by the Regulations.

Failure to do so results in agreement being unenforceable if customer does not comply with agreement. (thanks to mercyblue on another thread) Does anyone have a link to the relevant regulation please?

 

What are the views, please, on how this might affect, if at all, my stayed court case?

Thanks

T.

Edited by tedney

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As I understand it,

to comply with the act,

a creditor must issue an AN if one is behind with payments at least every six months.

 

I am trying to "tidy up" my situation.

 

From a total of 12 outstanding DN'd accounts,

all currenty paid under a DMP,

I am only receiving 2 notices regularly.

 

Of these accounts, most of which are cards, but two are loans and one is a terminated overdraft,

I have not ever received an arrears notice for the majority of accounts,

in particular one for a bank loan.

 

Additionally, I did receive 2 notices about the overdraft, the last of which was over a year ago.

 

I am paying all the accounts on a monthly basis.

 

All have agreed, barring one loan and the overdraft.

 

The overdraft is, according to CRA checks, increasing.

 

My questions are: Whilst still paying, albeit a nominal amount, are Arrears Notices still relevant?

 

If so, am I correct that the increasing bank overdraft can be argued against

as they are not complying with the act? Lastly,

for the accounts which I am not receiving an Arrears Notice,

are there any implications?:confused:

All accounts were DN'd around 07/08.

Thanks

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Another question!

I have a DN served under sections 76(1) and 98(1) of the CCA 1974 for an overdraftlink3.gif

on a current account demanding payment of the total amount oustanding.

 

DN was issued in December 07 with, I think, incorrect complaince dates,

issued 17/12/2007 [monday], received 20/12/2007[thursday](no envelope retained!)

and "pay by date" of 07/01/2008 [monday],

 

so effectual "pay by date" would be friday 04/01/2008?

{christmas and boxing days were Tuesday/Wednesday, and new years day tuesday}

 

Could some one check these dates please?

 

Are the sections quoted correct?

 

When is account deemed to be closed or terminated?

 

I have not received any statement or notice in compliance of CCA 1974 in respect of failure

to make required payments.

 

Any thoughts or advice on either or both of the above posts would be welcome.:)

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dont think there are any rules regarding that they must send arrears notices.

 

as for the DN overdrafts aren't covered by them typically as you have not signed a credit agreement.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx

But I do have a "Notice served under sections 76(1) and 989!) f the CCA 1974" for an overdraft. Is this classed as a Default Notice? It is for the total amount of overdraft , including interest. I did receive 2 arrears notices for this account, but last one was over a year ago?

 

I am a self employed person.

 

I had a business current account overdraft, which I have been paying off,

with three figure monthly payments with the banks agreement, since 2007.

 

Last I heard from the bank, september 2008, they accepted the payments,

with a "review" in January 2009, which they did not do,

at least they have not contacted me about it since that time!

 

I have now had a letter from one of the seemingly more agressive DCA's

saying that they have been asked by the bank to contact me

"in relation to the outstanding balance".

 

I think I remember reading on a thread here somewhere

 

that business accounts for self employed are covered by the CCA, is this correct?

 

I am worried that the DCA will carry out their threats of searching etc and legal action.

 

I am still paying, and have not missed any payments, and intend to carry on paying.

 

I have checked the balance that they quote, in their letter,

and it has been "inflated" by about £2,100.00!

Should I just respond with a dispute letter first?

Should I write to bank?

Any advice will be welcome:)

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There seems to be some debate about overdrafts being covered by CCA however a good idea would be to do a Subject Access Request, enclose £10 and don't sign the letter. This should throw up some interesting information.

 

Oops forgot to say that this should go to the original creditor:)

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Thanks mm, I was thinking that too, I think I will now.

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They should be grateful in todays climate that you are able to carry on paying what you have originally agreed. I cant understand why its gone on to the next stage for you unless they have sold the debt on for peanuts. Perhaps the DCA seeing how obliging you have been so far thinks with a bit of bullyish behaviour may get even more out of you & in addition to this stick a further 2k on there thinking you wont act either. :x

 

As Miss muppet said.....definetly send the SAR as this should flag up any discrepancies...


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First Thing

 

Overdrafts Are Covered By The Cca

 

Next Thing

 

Is This A Ltd Company Or Sole Trader

 

Do You Have A Personal Guarantee With The Bank

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Thanks Mydogsawestie and postggj.

Don't think the debt hasd been sold, as DCA letter says "we have been appointed....."

Account was in mine and OH name, but business, since 1999 (approx) is sole trader, I never bothered to change account (I know:() No guarantees.

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Hello

Anyone know, or can anyone provide a link as to if or how to find out if there is any time limit applicable in courts for a stayed case please?

Thanks

t

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Hello

Anyone know, or can anyone provide a link as to if or how to find out if there is any time limit applicable in courts for a stayed case please?

Thanks

t

 

Depends what for and what terms the original case was stayed for.

 

PT


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Thanks PT,

 

 

Here is quote from Court Order

 

 

" The claim and counterclaim (I am the counterclaimant) are stayed generally with liberty to restore on application by either party at any time,

pending the outcome of the test case relating to the OFT seeking a declaration on the application of the law in respect of unauthorised overdraft charges.

 

 

The test case commenced on 14th January 2008, before Justice Smith, in the commercial court at the royal courts of justice.

 

Any application to resore these proceedings either before or after the result of the test case is known, must be made on 14 days notice to the other party.

Cost in the case.

This order has been made by the Court under CPR 23.9, as the court has disposed of an application without a hearing and without service. Any party may apply to have this order set aside or varied within 7 days of the date of service of this order on that party."

Do you need further info please? Order made September 2008.

Thanks

t

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I assume it is for Bank charges and have to confess know very little about that. However looking at what you say and providing neither yourself or the other side has made an application to Set Aside or Vary this Stay then there appears to be no time limit. Should you or the other side wish to continue then you must give at least 14 days notice of your intentions. Obviously a lot will depend upon the outcome of the "test" case in which case if the ruling was successful you could go ahead, if the ruling was unsuccessful then yet again the Court could decide there are no merits and dismiss the action. If the other side have not yet made a decision then it may be that they are also unsure of what to do.

 

I'm sure more of those who know about this "test" case will have better advice than I can give.

 

PT


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Thanks pt. I believe test case was "lost" but there are extenuating circumstances and not 100% clear! From my understanding, if I or the other side decide to continue, then we advise the court and the opponent. Presumably if the court decides to dimiss, then presumably the court will also let us know?

Case involves an alleged debt, and counterclaim of bank charges and PPI costs.

Hopefully some one can shed more light?

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Why not try and go for PPI separately.

 

PT


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Could do I suppose, but bank claim includes loan with PPI, so I am counterclaiming PPI costs.

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Sorry don't know anything about these so can't help further.

 

PT


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Hello everyone

I have a "notice" (not headed DN) served under the above sections of CCA 1974 for an overdraft.

I have SAR'd the OC and not received any kind of agreement from them for it.

I am now receiving threatograms which seem to be coming more serious. After looking through some threads on here, it would seem a course of action is to CCA the OC, and, depending on their repsonse, take it from there.

Is this view correct please?

Any thoughts or suggestions welcome:)

Thanks

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you cannot send a cca request for an overdraft as they do not cover overdrafts..the best thing to send in response to the threatograms is a prove it letter....

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Thanks debt4get, but isn't an overdraft treated as a running account? The notice was served "under the sections of the act" so it would be covered by that act:confused:

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An overdarft has certain exemptions as no CCA is generally issued, nor signed in order to obtain an overdraft. You can request the terms and conditions which prevailed at the time the overdraft was approved, but a CCA request would be inappropriate


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