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Moorcroft and an natwest OD


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Bank accounts are covered by a CCA if you have an overdraft (anything over £50 is covered by a CCA). As the DCA don't own the debt they can't take you to court. You may also want to have a look at the sticky on OFT guidelines for debt collection.

Even if they were to take you to court solicitors fees wouldn't be awarded.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just to put your mind at ease Moorcroft have been sending me similar letters for over 6 months......still waiting on my court date.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Unauthorised is a bit different as there wasn't an agreement for you to borrow a sum of money (so no CCA). Have you SAR'd nat westminster to see if they have added charges to the account? Might be worth doing. If you want to get around the £10 charge you could ask M/croft for a statement of account (this should list all transactions on the account).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just to clarify on the unauthorised bit, if you had an unauthorised overdraft of £130, but your agreed overdraft was £50 or more there would need to be a CCA.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Okay, so there won't be a CCA. The DCA are not allowed to pursue the debt though while it is in dispute. You may wish to point this out to them and report them to the OFT & Trading Standards........I wonder how they could have sent you a CCA when there wouldn't have been one issued??? Surely a DCA wouldn't lie - you may want to report them for this as well.

Also I assume that the charges will be more than £130 so just ignore any future letters they send you and continue with your claim - unless you want to goad them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Did you send the SAR to Nat West? If so they account is in dispute, so no court action can ensue. Point this out to them.

 

As I posted earlier there probably won't need to be a consumer credit agreement for this account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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