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

[csunset]

Could I butt in here, sorry being cheeky, but if you have an overdraft which is currently being paid monthly (With A&L) via a debt management company and you claim for charges, which I am, are they entitled to use that to offset the overdraft? They shut my account, without any prior notice and they just say now because I couldnt pay it back thats why they shut it ? I'm not sure they can do this either.

 

Many thanks for any advice

[pinkerton_angel]

Am watching this one with interest as I too have an overdraft with A&L which has gone over my agreed amount (because of all the charges) and I have stopped paying my salary in because it was just getting swallowed up - they are now threatening all sorts because of this and have also 'closed' my account, they have stopped my access put it that way. And yes I am at the claim stage where they have just entered a defence.

I'm more worried about this overdraft though - what can we do????

Any advice would be great...

Thanks

pinky

[zander]

Hi Pinky & csunset. I think my position is different to both of you as I received a refund of charges but still had the outstanding overdraft. I don't for one minute suggest that I'm trying to wriggle out of repaying, it's just that I'm concerned about their underhand tactics and that the closure put a strain on finances as the overdraft was an essential buffer zone.

The fact that they are causing you both hardship is disgraceful. I'm still waiting for the FOS to catch up with my complaint (including the "double" closure??) and would like to CCA them if appropriate.

Hopefully someone else can advise you on your predicament?

[zander]

Can the bank be sent a CCA request for overdraft??

[csunet2021]

Hi Zander

 

I would think any financial institution can have a CCA request, I would imagine though that the Alliance & leicester would have one though.

 

Although they upgraded my account and I dont remember agreeing to that or signing anything so maybe ??

[zander]

Quite a few opinions on the forum re overdrafts being under the cca including recent "short warning thread".

Is an overdraft covered by the act or not??

[sequenci]

yes, they are regulated, they are just exempt from party V of the act.

[zander]

yes, they are regulated, they are just exempt from party V of the act.

 

Thanks sequenci. Can you refresh my memory on that part of the act?

[sequenci]

Consumer Credit Act 1974 (c. 39) - Statute Law Database

[Fred_Funk]

Just had a look at that... unfortunately, not sure I'm any the wiser!

 

What, in layman's terms, does that mean?!

[rory32]

Fred I just posted on another thread that you have subscribed to - hope my post answers your questions.

[zander]

Hello one and all. Looking for more advice if it can be provided please. I cca'd the collection arm of Alliance & Leicester for the cca pertaining to an overdraft. They have been over the timescale until I received an agreement form by post today.

However....... it's basically an account agreement form, the one signed for when the account was opened. Fair play to them as it's over 13 years old!!. Question is though, that it's not what was requested. The overdraft limit shows zero (does this mean I don't have one?) although in the declaration it states under unsecured lending: the total value of overdraft limit with the A&L should not exceed £10,000.

I don't think this is a CCA form. Thanks for the help.

[zander]

A quick heads up. Anyone have any thoughts?

[rory32]

The credit agreement for an overdraft is just a letter from the bank stating the overdraft limit, the APR, any charges and cancellation rights. So no they haven't actually supplied the credit agreement, what they have shown is that you applied for a bank account.

 

Are there any charges on the overdraft? If so have you any idea what percentage of the overdraft is made up in charges?

[zander]

Thanks Rory. The account was closed due to my reclaiming charges & the FSO awarded me £200. I requested the credit agreement as part of my battle against A&L. The £200 was kept by the bank against the O/D so I never saw it. I'll have to write to them advising that it's an application. Any ideas on wording the letter?

[zander]

Just wondering if any one can assist with how to word a response to this situation?

[zander]

Hello All,

 

Security Investigations (A&L) collection parasites sent me this notice of a visit despite them not complying with my request and recorded delivery letter advising them of the fact.

 

Anyone have a nicely worded response to them? It would be much appreciated as they are really beginning to get to me!!

[cerberusalert]

Well you could explain that since your release into the care of the community you are not used to having visitors...but if they give you fair warning...you'll make sure you're up to date with your medication...& have the tea & biscuits ready, perhaps a few scones...but no sharp knives! :D

[oneofakind]

If they send you a visitor (which is unlikely, TBH), he will have no more legal rights than the guy who sticks pizza menus through your letterbox. You don't even have to answer the door, never mind speak to it!

 

As Bobby Thompson (a much-missed comedian from these parts) used to say: "Let them knock - the paint lasts longer than the skin!"

 

[dpick]

Hi this is a copy of a copy of a etc etc.

 

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

all the best dpick

[diskmandave]

From the OFT guideance...

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is distressed or otherwise vulnerable, for example, it becomes apparent that the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

g. not giving adequate notice of the time and date of a visit

h visiting debtors, unless requested, at inappropriate locations such as work or hospital.

Good luck, Dave.

[clutchingatstraws]

Just say

 

Come in, have you met Jesus?

[zander]

Brilliant stuff folks! had a good grin!!

[Goldlady]

Cerberus that made me - not allowed to leave feedback apparently. Someone local has just been stabbed to death by a schizo and I have heard absolutely nothing on the news about the fact that these people should not be in the community at all. (I speak from experience after we employed a guy who stopped taking his meds and turned into a very dangerous person and because of data protection the social services weren't allowed to tell us)

[cerberusalert]

Goldlady- That's just the point. If these DCAs insist on threatening unannounced & unwanted visits they literally take a huge risk by not knowing who or what is lurking behind the doors they beat a path to.

 

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.