muggins73 v Halifax

[Amethyst]

Re: muggins73 v Halifax

Okay I double checked this with a man who knows...just to make sure I am right

Hi

Overdrafts are normally not subject to those elements of the Act governing form and content of an agreement(sectionV). This is because the OFT has issued a Determination under Section 74(3) of the Act excluding overdraft agreements from the need to comply. As a result of this there is usually no written agreement that a consumer can request under Section 78 of the Act. However, I should note that any Bank wishing to avail itself of the benefit of the Determination must notify the OFT of its intention to do so and is required to provide information to the prospective debtor. Specifically, the creditor must provide, in writing, at the time the agreement is concluded or before details of the credit limit if any, the annual rate of interest and any charges available, and the process for terminating the agreement. Typically banks make such information readily available via a variety of media on an ongoing basis. I went through all this with my sons student account,.Bank accounts of course are not covered by the cca as they are regulated by the FSA and there fore do not have to produce documents asked for under that act, the overdraft however is unfortunately due to it's exception from part V their is no agreement made so none can be provided .
Thanks
Peter

[muggins73]

Re: muggins73 v Halifax

I'm still lost, what has overdrafts got to do with anything?

[TUTTSI]

Re: muggins73 v Halifax

Beats me!
Dsxx

[muggins73]

Re: muggins73 v Halifax

Well, if you dont know and I dont know...and I dont know and you dont know......me thinks poor Ame needs a break as she's working far too hard, obviouslymsl:

[muggins73]

Re: muggins73 v Halifax

Well folks, am I one happy bunny this evening or wot

Managed to get the much needed printer ink (we wont eat this week but needs must, hey!!!) and have just spent the latter half of the evening finalising my Application Notice to have the stay lifted as well as a covering letter to the DJ and EX160 form (cause we're skint).

I've also written a response to Halifaxs Customer Relations dept, which like I said before is soooo satisfying.

I've also written a response to abbeys' shabbey response to both my complaints asking for me money back or its off to court we go.

I now feel like a big weight has been lifted and all I needed to do by way of my claims is done and dusted.

So it's a matter of playing that waiting game again, me thinks.

[TUTTSI]

Re: muggins73 v Halifax

Hi M
I am right behind you. Good Luck and hope all goes well.
DSxxx:love:

[Amethyst]

Re: muggins73 v Halifax

Well, if you dont know and I dont know...and I dont know and you dont know......me thinks poor Ame needs a break as she's working far too hard, obviouslymsl:

oi you two !

The reason why I ask in my case with the Halifax, I do not think they have a true copy of the signed credit agreement, as there is a small balance on the account which has been sold to CAPQUEST, I have sent the CCA request and ]after 5 months they cannot come up with one.

Did I get the wrong end of the stick ?

(I do that a fair bit )

[TUTTSI]

Re: muggins73 v Halifax

Ame,
I not sure what stick you were looking at.

I never mentioned s77 od CCA 1974. I believe we quoted s77-79 which I believe covers this.

DSxx

[Amethyst]

Re: muggins73 v Halifax

s77 and s79 are within Part V which bank accounts are exempt from. Unless we're not even talking about the CCA 1974. In which case I'll shut up lol. Unless we're talking credit cards in which case carry on

[thephoenix]

Re: muggins73 v Halifax

I believe the overdraft is not exempt.
although the FSA have stipulated that a verbal agreement (over the phone) falls within the scope anyway. So i doubt you will get one.

again, i'll ditto Amethys and bugger off if it's to do with credit card agreements

[muggins73]

Re: muggins73 v Halifax

Had a letter back from the court this morning with regards to my application to have the stay lifted.

Unfortunately, nasty ole DJ Hurley has refused my application:cry::cry:

Ah well, I guess I'll just have to sit this one out...it was worth a try.

[Amethyst]

Re: muggins73 v Halifax

Oh poo

Has he given reasons or just an outright No ?

Was worth a shot, sorry it didnt work hun:kiss:

[muggins73]

Re: muggins73 v Halifax

Poo indeed!!!!

No reason just 'The application has ben refused'.

Never mind, onto abbey.

[TUTTSI]

Re: muggins73 v Halifax

Hi M,
I was so sorry to hear that your DJ... not lifting the stay. I thinks the DJ's are hiding behind closed doors and do not want a confrontation and stand up to the banks, we are the little peeps with no armies of lawyers to fight for us.

I am still waiting on my DJ... to make his/her decision, any day now I presume, I would imagine it will be the same.

Everything has gone quiet on the Test case issue so lets hope that it will soon be resolved.

Speak to ya soon
DSxxxx

[muggins73]

Re: muggins73 v Halifax

I wont hold me breathe as i keep seeing those piggies flying past my window!!!!