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DCA, CCA - re Bank Account


weller711
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Hi there

Can anybody please advise, I opened a basic bank account some years ago, was issued with only a cardcash account, then a few years later upgraded the account to a cheque guarantte card over the phone, including cheque book etc then was allowed an OD that they kept increasing. I signed a CCA for the basic account (I think) but not for the upgraded one, especially not the OD. Do the rules regarding a CCA still apply in this case. Any help much appreciated.

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What do you mean "do the rules still apply"? Sorry, a bit confused by what it is you actually want to know :)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Sorry, didn't make myself very clear - can I still request a copy of the CCA - the debt is now with a DCA - do they still have to provide a copy of the CCA to make the debt enforceable? Also because I signed a credit agreement for a basic account is this classed as an agreement for the account being upgraded etc. As i had an OD this could be seen as credit ITSMIAM. I wasn't sure if you could request a copy of CCA with bank accounts, in the same way you can do with cataloges, credit cards etc. Hope this makes sense.

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I honestly don't think you sign a Consumer Credit Agreement for a bank account as there is no credit involved. Its probably an application to open an account you signed.

I'm not sure about an overdraft, I personally can't remember signing an agreement of any kind for mine, but it was years ago, and I could have just forgotten.

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Hmmm, I'm not sure on this, as interest is charged on an overdraft, it might come under CCA '74. I don't suppose it would do any harm to send a CCA request.

 

Someone more knowlegable than me will hopefully drop in on your thread.

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An overdraft is covered, but when you signed your agreement with the bank, even though it was only a basic bank account, they probably incluedd the CCA rules in there.

 

Send them a CCA request anyway to see what they come up with.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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