Bigyeti and the daily overdraft charges

[bigyeti]

I have let Halifax carry on piling on their unagreed charges for several months now and they are now running to £150 per month meaning the account accordig to them is now £812 overdrawn. So far so extortionate. However, after checking my credit record, they are filing stuff on there each month. I sent a CCA request and they returned it saying that there isn't a credit agreement on this type of account.

 

I was hoping they might admit that I haven't agreed to the new charges. So, does an overdraft come under the Consumer Credit Act?

[bigyeti]

It seems that Section 10 of the CCA does indeed cover overdrafts. Now, they're stating the opposite. Does that mean that the overdraft is unenforcable including all the extraneous whimsical charges they have added on top?

[gtgiggs]

you know what i hope your right lol. im getting shafted by albion at the moment. after hbos terminating my accounts before remedy date on the default etc. hbos have added near a grand of charges on the two accounts. be intersting to see if they add more on end of this month, even after closing both acounts lol

[bigyeti]

Oh they will. They say close the account, they mean just freeze it which means no transactions. Except their charges of course.

 

Anyway, I sent the cheque back again requesting the agreement and this time quoted the relevant legislation and mentioned the the Sebastyen vs Coutts case. Two days ago, they cashed the cheque so we'll see what comes up now.

[gtgiggs]

thetletters say ended my agreement. what agreement lol. as you say they will have no agreement to send you, i hope thats the case about it being unenforcable. that would be interesting. are hbos only allowed arrears if they unlawfully ended my agreement before the remedy date?? and not the overdraft.

[bigyeti]

If they issued you a warning of an impending default with something like "You have 21 days to remedy the account and clear the arrears" and then they issue a default within that time, then they have cocked up. I don't know the precise legislation, but there is a substantial thread on here that explains it in far better detail.

 

I think this is the one

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&highlight=default

[bigyeti]

They cashed the £1 cheque on 24th August, which was 15 days ago and therefore they have exceeded the time limit. I'm about to send this:

 

--

Regarding my request for a consumer credit agreement on this account.

 

As the debt for the above account now entirely consists of an overdraft, it does in fact fall under the debtor-creditor agreement within the meaning of s.8 and s.13© of the Consumer Credit Act 1974, as demonstrated in the case of Coutts v Sebestyen (14th April 2005).

 

Consequently, my previous letter was a formal request for a copy of the signed, executed credit agreement for the above account. I required you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

The Consumer Credit Act allows twelve working days for this request to be carried out before your company enter into a default situation. Although you had cashed the cheque for the statutory fee of £1.00 on 24th August 2010, I have yet to receive the documentation you are obliged to provide within the time limit despite my properly formatted and paid for request. If the request is not satisfied after a further 30 calendar days, an offence has been committed by you Halifax. These time limits expire(d) on 5th September 2010 and 5th October 2010 respectively.

--

Anyone see anything I have missed/should have omitted?

[bigyeti]

I'm sending this also:

 

---

I received your letter dated 6th September 2010, pushed through my door by a surprisingly cheerful postman. You commence your letter with:

 

 

Pay £xxx now

 

 

Followed by an invitation to help you earn yet more of my cash by calling your 0845 number. I make a point of not calling 0845 numbers. It inevitably works out cheaper to write letters given how long I often end up on hold.

 

As you removed the overdraft facility as detailed in a letter dated 30th April 2010, our 'arranged overdraft' is technically £0.00. This being the case, your statement that we are over our arranged overdraft limit by £xxx suits me fine. This is quite pleasing as I thought we owed just short of £Lots, not allowing for the thoroughly bizarre charging regime you are attempting to force upon us. You know, the one that we didn't agree to in five (5) separate letters. I'll say it again; "we don't agree to your new charging regime, and never did"

 

and here it is again in red.

 

 

"We don't agree to your new charging regime, and never did"

 

 

Short of hiring a small plane and sky-writing it in red smoke I cannot think of any other way to get you to take notice. I'll make the offer to repay it again. You calculate how much is owed using the old interest rates that we agreed to and we'll pay £10 per week plus more if we can spare it. I'll enclose a cheque to sweeten the deal. You can't say fairer than that.

 

Yours,

Bigyeti

 

PS: Where's my true copy of the CCA agreement that I paid for?

Edited September 8, 2010 by bigyeti

[bigyeti]

Well, the deadline has passed. They also seem to have stopped sending the weekly reminders.

Now, should I sue them for the amount that will zero my account? Or is there another route to go down that will get shut of them?

[bigyeti]

Well, they've finally gotten around to calling in BOS. It'll be interesting to see where this is going.

[gtgiggs]

hey bigyeti, i see the fight is still on. my situation is a bit strange now. 2 letter sent to albion offering 25 bucks on each account and they are still asking me to call them to discuss my income and expenditure, i dont see why i have to discuss my finances. they are not giving me details of how i can pay money into these accounts at the figure i offered evry month, and i will not call them, no chance.

 

two dodgy defaults and early terminations so the balls in my court and im making an offer of what i can afford each month and they are not willing to get the ball rolling and accept my payment. any ideas?? or just sight tight. no letters for 2 weeks, definatly going to hear before the end of the week

[bigyeti]

Halifax never sent me a CCA to show that I am liable for the amount they claim, which they keep increasing by £150 pcm (£5 a day). So they defaulted on that even though they cashed the £1 cheque I sent and have carried on adding the charges to my account. They've flaunted so many regulations I'm losing track.

 

My advice is to never call them. Ever. I do everything by post and any other form of correspondence gets ignored.

[bigyeti]

Got a letter this morning. As we'd not used the account since before Xmas, they've credited my account with the charges taken (about £1000) halted all further charges and have asked to call them up and arrange a payment plan. Hurrah!

[angel_1]

hiya bigyeti

 

found this thread of yours and now i will spend a bit of time to read everything and i may pinch a few of your quotes but in my own words in my letter of course

 

you are a gem

 

will keep you updated cheers angel x