Bank overdraft - no cca?

[POLLY777]

Good afternoon,

Please can you tell me what the process is for obtaining information about an old overdraft - as I see that the CCA route is not the correct one in this instance...? What are the 'prove it' options?

I have an ancient overdraft debt and I am pre-empting trouble from any debt collector - especially Cabot - so nothing has happened at the moment, but I just want to be prepared.

I haven't had any debt collector letters yet - just everything has frozen at the bank end. Old current account - nearly 8 years old.

Many thanks for your help

[POLLY777]

Re: Bank overdraft - no cca?

Hello

Please can someone advise me please.

Thank you

[warwick65]

Re: Bank overdraft - no cca?

Hi Polly
When was the account terminated by the bank I. E the formal demand received

[warwick65]

Re: Bank overdraft - no cca?

Sometimes less is more in these things. That is don't poke the giant. Tends to be my motto if I receive nothing.

[POLLY777]

Re: Bank overdraft - no cca?

Good morning warwick65,

Thank you for your reply.

All I can find is the account defaulted Summer 2014.

I just want to research and be prepared about I need to send off the minute I get a letter from the debt collector as I have seen you cannot request a CCA on here....

Many thanks

[Amethyst]

Re: Bank overdraft - no cca?

To find out the background info without poking any DCA it might be with I'd send a general SAR to the bank - Subject Access Request Letter

[Diana M]

Re: Bank overdraft - no cca?

All I can find is the account defaulted Summer 2014.

I just want to research and be prepared about I need to send off the minute I get a letter from the debt collector as I have seen you cannot request a CCA on here....

If the overdraft facility was renewed annually after 2012 it will be covered by s 78 CCA and you can send a CCA Request.

You say it was defaulted in September 2014 so there's a possibility that the facility was renewed in 2012 and 2013 (and maybe 2014?).

This information can be found if you send a Subject Access Request to the bank.

However since it appears that the account has not yet been assigned to a debt purchaser it may be best not to send a SAR at this point in case that triggers a negative reaction from their collections department if you wake them up putting them in a position to remedy any faults before they sell it on.

You may also be looking towards the debt becoming Statute Barred where the cause of action is likely to be the remedy date of any Formal Demand regardless of when they eventually defaulted the account.

Di

[POLLY777]

Re: Bank overdraft - no cca?

Thank you all for your help - will keep head down for a while and see what, if anything, happens - then SAR if I have to.
All the best
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