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A and L and CCA - Does it apply to them?


stevesmart36
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My partner submitted a CCA request to A&L last month,she oews the £180.00, they closed her account because I was pursuing charges on our joint account.They already in default, criminal offence will be commited on 30th April. They have sent a full list of statements but no CCA or Deed of Assignment (they use thier in house collections agency - Security Division). Anyhow, we received a letter from Moorcroft advising that A&L have informed them we wish our debt to be collected through them, sent us a post office payment book and a demand the first payment be made by 28th April. We faxed them and A&L get lost.

We are now using the statements in order to collate how much has been unlawfully charged to her account, LBA sent and refused last week.

 

Question is..................Are A&L covered by the CCA regs?

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Was this some kind of loan the money is owed for, or an overdraft?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi

 

Basically overdrafts are running account credit agreements covered in general by the CCA but are (by virtue of s74) exempt from Part V of the Act.

 

Therefore there is no requirement for a formal agreement and so nothing would be forthcoming under a s78 request. The banks only have to notify you in writing of your OD limit, interest rate and procedure for termination when you are granted an authorised OD. There would be no reason to send a statement under s78 either as you receive these monthly or on request anyway.

 

(Source: http://www.consumeractiongroup.co.uk/forum/show-post/post-556663.html)

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Send them a letter telling them the account is in dispute and they can't take any action until the dispute is resolved. You need to follow the stages for reclaiming before MCOL or you will not be complying with court regulations.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Dear Sir or Madam

 

Account Number xxxxxxx

 

Please note that I dispute the balance on this account and as such I understand that no action should be taken against me until the dispute is resolved.

 

I attach a copy of the latest letter I have sent to A&L in order to resolve the matter.

 

Yours faithfully

 

Just attach a copy of your LBA and send them to both Moorcroft and A&L.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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