Halifax overdraft

[Carole.54]

Hi all new here hope someone can help the quick facts are

i received CCJ papers in October 13 re the above overdraft. I applied for a stay which was granted asking for the relevant paperwork to be provided as the details of the case said I had broken a credit agreement and owed the client a debt as a result

roll on 19 months and nothing heard in the interim I have now received a letter with bank statements attached saying if I don't pay in full in two weeks they will apply to have the stay lifted

they have provided no credit agreement as it does not apply to overdrafts

ok so why does the paperwork from the court say I have broken a credit agreement if none exists? Will the court accept this ? Is it acceptable to wait 19 months and the agreement still hasn't materialised

thanks in anticipation of any guidance

[Carole.54]

Re: Halifax overdraft

Can anyone help please?

[nemesis45]

Re: Halifax overdraft

Hi Welcome to LB,
It is correct there is no " credit agreement" such as one would have with a credit card or loan,
the normal practice is for a " letter of facility" setting out the terms of the OD.

OD's are exempt from certain parts of CCA 1974.
No point in contacting the court about this bit!

Without more detail it is difficult to advise further.

Can you answer the following questions please?

1. When was the OD account defaulted? You would have received a " demand for immediate repayment in full and a Final Demand from the bank.

2.Is this debt still in the hands of Halifax.

3. Does the account appear on credit reference files?

4. Do you have any legitimate dispute or any other data that could be used to compile a defence? Taking into account the "agreement" defence is a non starter.

nem

[Carole.54]

Re: Halifax overdraft

The account defaulted in 2009 it dropped off my credit file in Feb in the bank statements they sent it claims I made a £91 payment in April 2010 I have already challenged this and asked for the evidence that I made this payment

the debt is in the hands of capquest (drydensfairfax solicitors)

when i I recieved the claim in Oct 2013 I asked for the copy of the CCA as the particulars of their claim referred to a credit agreement I didnt realise at the time it does not apply to overdrafts

19 months on that have said there is no CCA and attached copies of statements that they claim suffice to prove the debt

So so they refer to a credit agreement in their particulars of claim but now say they don't need to produce it

I cannot recall a demand for final payment I have heard nothing from the Halifax for years

Thanks for your help

[nemesis45]

Re: Halifax overdraft

The account is regulated, but as said the OD account is exempt from
parts of the CCA 1974 (as amended) pursuing this will not help you.

As you have a " disputed" payment, personally I would press
for unequivocal proof the payment was made by you.

Is this payment showing on the statements provided?

nem

[Carole.54]

Re: Halifax overdraft

Yes it is for April 2010 at this time I was going through a difficult and costly divorce the last thing on my mind was thinking about an old debt with the Halifax finding my old account details going into a branch and paying £91 in cash

is there certain conditions they should have met over the years that enables them to claim exemption from CCA?

thanks again

[FlamingParrot]

Re: Halifax overdraft

Yes it is for April 2010 at this time I was going through a difficult and costly divorce the last thing on my mind was thinking about an old debt with the Halifax finding my old account details going into a branch and paying £91 in cash

is there certain conditions they should have met over the years that enables them to claim exemption from CCA?

The CCA treats overdrafts differently from other types of consumer credit. In fact, they were brought more within the legislation a few years ago. You may want to look at this post for more info: http://www.legalbeagles.info/forums/...144#post312144