zander in Scotland v A&L *WON* they want to close account?

[dannyboy660]

As an aside, I worked for Local Government both in Hertfordshire & Yorkshire and was an Enumerator in the '81 , '91 & 2001 National Census. During that time I've met some Very strange & scarey people.

 

 

Ah yes.... I remember you.....you took my Marmite for a walk to visit Auntie Mildred at the chiropodist and never came back................

 

Wibble......

 

NURSE.....................this man from Atlantis says I owe him money....

 

 

 

 

(It might be worth a try)

[cerberusalert]

Would you like to try this jacket for size Mr. Dannyboy?

[dannyboy660]

Ah, just like the one uncle Ludwig used to have. Thank you.

 

Of course, if you live in a certain English city and you're expecting a home visit, you can leave a spade strategically placed in view by the garden shed, and answer the door with your best 'Mr West' wig and accent, slowly undoing your fly..........

[clutchingatstraws]

Say

 

"I've been expecting you"

 

"Please come in"

 

"I only conduct financial business in the basement"

 

"After you"

 

"One lump or two"

[zander]

Hi All,

 

My account was closed by A&L after they refunded charges. I had an outstanding balance on an overdraft with them. I complained to the FOS and they awarded me £200. A&L kept this against the outstanding balance. Because they started to apply pressure for repayment of the overdraft via their collection arm, I requested (by way of a cca request) a true copy of the agreement. All they have supplied is the account agreement form which shows an overdraft limit of zero with only one other mention, within the declaration, on unsecured lending not exceeding 10k.

My understanding is that an overdraft is a consumer credit agreement for running account credit and falls into various sections of the act. Can anyone offer advice on this scenario please?

[hedgey06]

Hi zander.

 

Unfortunately, there is no requirement in the CCA for an overdraft to be signed, and as long as they informed you of things like interest rates, repayment methods, credit limits, etc., before making the agreement it is enforceable. And even if you didn't sign the paperwork this doesn't affect the fact that there is a contract and it is enforceable.

 

They are within the terms of the OFT waiver if they gave you the proper information before you agreed to the overdraft, and so... it looks like all you can do is reclaim any penalty charges on this account to make the overall debt smaller.

[valfa]

Some excellent advice on this thread,now can I wipe my tears away,was nice to laugh after the bad 24 hrs I have had so ty

[sillygirl1]

Ask them if they can send a sign language interpreter along with the visitor as you are dumb and cannot speak - that should stop them in their tracks!

[zazen.warrior]

I gave up answering the door to people I do not recognise through the spyhole years ago

[stardust_john]

Same here. I get paranoid and found it best to calm down by ignoring the ammount of canvassers/unknowns we get, including the jehovas witnesses. We have a church of theres near by and we are regular fodder to them It feels. Have to give them credit for persistance.

 

Even had one caller professing to be giving away free money if I spoke to them, told them to put it through the door then go away

Edited September 14, 2008 by stardust_john

[Goldlady]

Have to give them credit for persistance.

 

I hope you get them to sign a valid CCA which you can later enforce in court:D

[OnMyWayOut]

Knock at the door

Mrs Smith answers door - it's a couple of Mormon men

Mrs Smith: Aren't you those people who have dozens of wives?

Mormons: Yes, we are.

Mrs Smith: Well I think you should be bloody well hung!

Mormons: I can assure you, we are!

[zander]

I had an authorised overdraft with Alliance & Leicester which was taken over by Santander.

 

A&L closed the account as retaliation for my succesful claim on charges.

 

The overdraft has been and still is being reported as a defaulted account with the credit reference agencies.

 

I have not acknowledged the alleged debt for over five years and wrote to advise the debt is statute barred ( I live in Scotland).

 

They responded by telling me it's six years , not five.....

 

. They also state that they have sent transaction summary statement and notice of sums in arrears at regular intervals under provisions of CCA 2008 which is not the case.

 

Even if they had, I've never acknowledged anything to them in five years.

 

Any advice on how to respond would be greatly appreciated.

[citizenB]

They are wrong. If you live in Scotland then the SB timing is 5 years from the first missed payment.

 

I will alert one of the Site team from across the border for you to confirm.

[havinastella]

Send this to the muppets.

 

http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

[dx100uk]

whats the default date on the cra file from the summary?

 

dx

[zander]

whats the default date on the cra file from the summary?

 

dx

 

July 2007

[zander]

Send this to the muppets.

 

http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

 

Thanks. Already sent this to them with an explanation upon negative prescription under the statute of limitaions act Scotland. It would appear that they failed to digest the content properly, or didn't want to?

[maroondevo52]

Makes no odds what they've sent you, if not acknowledged by you in a five year period, the 'debt' no longer exists.

They maybe think Scotland's a wee part of England

[dx100uk]

if its july the it will vanish soon too then

 

that'll upset satans bank

 

dx

[zander]

if its july the it will vanish soon too then

 

that'll upset satans bank

 

dx

 

Yes. They are reporting to the agencies until August 2013 so only a matter of months before it falls off. I'd like to make sure, through staute of limitations, they won't still chase for the alleged debt. I need to forcefully make them aware in my reply.

[citizenB]

It has been suggested you also provide them with a Map of the UK

[zander]

Very Good!

[zander]

Just received a letter from their complaints team after many hours of chasing them to remove the default as statute barred. The reply is somewhat confusing as they say that a default remains on file for six years regardless of whether or not a debt is statute barred? This, despite statute of limitations stating that the debt never existed? Any advice?

[citizenB]

Just received a letter from their complaints team after many hours of chasing them to remove the default as statute barred. The reply is somewhat confusing as they say that a default remains on file for six years regardless of whether or not a debt is statute barred? This, despite statute of limitations stating that the debt never existed? Any advice?

 

 

Any chance you can scan and post the letter up for us to have a peek ?

 

Follow the instructions below for hassle free uploading

 

 

Dx100 – Instructions on uploading pdfs

Scan the requiredletters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

However, I think what they are saying is that from the original default date - updating will take place for 6 years. But on the 6th anniversary of the default first being added then it will fall off.

 

So when did the original creditor first add the default marker to your credit files. If the debt is statute barred, then I imagine it doesn't have long to go before that is history