Barclays additions plus and overdraft daily fees

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=pverdraft+and+the+CCA&sa=Search+CAG

 

CRA files are not just about Credit, you agreed to their T&C's at the time

that gives them perm to show it on your file

though after all these years I doubt it shows anyway?

[AndyOrch]

I love a challenge

 

The CCA has not changed with regards to Overdrafts they remain exempt except for part V.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/61B

 

&

 

https://www.legislation.gov.uk/ukpga/1974/39/part/V

 

Its a facility not a credit agreement.

[ah1234]

Hi,

 

 

That's strange when I have called it a 'facility' I've been told (on the phone by Barclays) that it wasn't a 'facility'.

 

 

What is a 'facility agreement'?

[ah1234]

Hi,

 

 

Did you mean that overdrafts are exempt from part V of the 1974 Act or did you mean that only part V of the 1974 Act can be applied to overdrafts?

[dx100uk]

"they remain exempt except for part V"

[AndyOrch]

I dont know what a facility agreement is...never heard of one.

 

I said....... " Its a facility not a credit agreement"

[ah1234]

Hi,

 

 

I believe that an account with an overdraft where the 'agreed limit' is exceeded or when that facility is removed reverts to being covered by section 74, due to the ammendments.

[ah1234]

Hi,

 

 

In the online business directory the definition of 'overdraft facility' says it is a 'credit agreement'.

[dx100uk]

Pers i'd stop trying to re-invent the wheel...

[AndyOrch]

Hi,

 

 

In the online business directory the definition of 'overdraft facility' says it is a 'credit agreement'.

 

Pity it does not state it in the CCA1974.....the court wont take any notice of " online business directory "

[ah1234]

Pity it does not state it in the CCA1974.....the court wont take any notice of " online business directory "

 

Well, I think this is not correct because the FCA have stated that since the EU directive re: CCA. Section V appears to apply to overdrafts and they have a statutory duty to

 

provide an copy of the agreement. CCA 1974 does refer to 'overdrafts'.

 

Current account information

 

CONC 6.3.3R01/04/2014RP

A firm must provide to the account-holder, in writing, the information in CONC 4.7.2R (2) at least annually.

[Note: section 74A of CCA (partial implementation of article 18 of the Consumer Credit Directive)]

 

Information to be provided on significant overdrawing without prior arrangement

 

CONC 6.3.4R01/04/2014RP

 

1. (1) A firm must inform the account-holder in writing of the matters in (2) without delay where:
    
   


1. (a) the account-holder overdraws on the current account without a pre-arranged overdraft, or exceeds a pre-arranged overdraft limit, for a period exceeding one month;
   
2. (b) the amount of that overdraft or excess is significant throughout that period;
   
3. © the overdraft or excess is a regulated credit agreement; and
   
4. (d) the account-holder has not been informed in writing of the matters in (2) within that period.
   

[Note: section 74B of CCA]

[Note: article 18 of the Consumer Credit Directive]

 

And also:

 

61BDuty to supply copy of overdraft agreement

 

(1)Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor.

 

(2)The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—

 

(a)the creditor has provided the debtor with the information referred to in regulation 10(3) of the Consumer Credit (Disclosure of Information) Regulations 2010, in which case it may be provided after the agreement is made,

 

(b)the creditor has provided the debtor with the information referred to in regulation 10(3)©, (e), (f), (h) and (k) of those Regulations, in which case it must be provided immediately after the agreement is made, or

 

©the agreement is an agreement of a description referred to in regulation 10(4)(b) of those Regulations, in which case it must be provided immediately after the agreement is made.

 

(3)If the requirements of this section are not observed, the agreement is enforceable against the debtor on an order of the court only (and for these purposes a retaking of goods or land to which the agreement relates is an enforcement of the agreement).]

[dx100uk]

your issue here is p'haps:

received the statements for my SAR request back to 1998.

At that time I was paying a monthly fee of £5.00 for overdraft protection

 

most of what you quote now interms of etc etc was not inforce then and is not retrospect either...