smith v halifax & first credit overdraft

[smith]

halfax state there not coverd by cca on bank accounts and overdrafts

[Curlyben]

Re: smith v halifax & first credit overdraft

Which provision of CCA are you referring to ?

[FlamingParrot]

Re: smith v halifax & first credit overdraft

halfax state there not coverd by cca on bank accounts and overdrafts

You may want to refer to this post ---> http://www.legalbeagles.info/forums/...144#post312144

...and I replied to your question here ---> http://www.legalbeagles.info/forums/...328#post312328

[jon1965]

Re: smith v halifax & first credit overdraft

Lol
I have an OD with HBOS and it is now with wescot. I keep sending them letters and they keep replying that it is not covered by the CCA, so I send another saying EU directive etc. Yesterday I got one saying they were returning my £1 fee as this was not eligible for a CCA request. Well if they can show me a CCA request and/or a PO for £1 sent by me I will happily cough up what they say I owe.
Tomorrow it will be a letter in Noddy language , no big words or anything. I mean...they are from Hull which used to be Yorkshire ( don't tell the OH I said that)

[smith]

Re: smith v halifax & first credit overdraft

Which provision of CCA are you referring to ?

hi requested a true credit agreement cca reuest from halifax for a overdraft on 5 nov 20012 they sent a letter back stateing

please be advised that we are not obliged to produce a copy of application for a current account under section 77/8 and first credit that bought the account state the same as halifax

[smith]

Re: smith v halifax & first credit overdraft

Which provision of CCA are you referring to ?

i requested a true credit agreement cca reuest from halifax for a overdraft on 5 nov 20012 they sent a letter back stateing

please be advised that we are not obliged to produce a copy of application for a current account under section 77/8 and first credit that bought the account state the same as halifax

[smith]

Re: smith v halifax & first credit overdraft

hi was thinking of sending this to first credit befor they take court action like they said they will can some 1 help me with amendments to this letter to ask what info they should be sending me thankyou

i requested a true credit agreement cca reuest from halifax for a overdraft on 5 nov 20012 they sent a letter back stateing

please be advised that we are not obliged to produce a copy of application for a current account under section 77/8 and first credit that bought the account state the same as halifax

[Curlyben]

Re: smith v halifax & first credit overdraft

Correct as Overdrafts are NOT covered by the "normal" s77/78 provisions of CCA.
You will need to use assignment statute to get 1st off your back.
They MUST have and prove, absolute assignment under Law of Property 1925 s137 and s197

[smith]

Re: smith v halifax & first credit overdraft

Correct as Overdrafts are NOT covered by the "normal" s77/78 provisions of CCA.
You will need to use assignment statute to get 1st off your back.
They MUST have and prove, absolute assignment under Law of Property 1925 s137 and s197

hi what will this involve and would you be able to help me please

[Kafka]

Re: smith v halifax & first credit overdraft

Did you receive a letter called a Notice of Assignment saying that the account had been sold to 1st?

[smith]

Re: smith v halifax & first credit overdraft

not from halifax ....first we new it was sold was in oct 20012 when we got a letter from first credit stateing they was legal owners of the overdraft account they bought from halifax

[smith]

Re: smith v halifax & first credit overdraft

not from halifax ....first we new it was sold was in oct 20012 when we got a letter from first credit stateing they was legal owners of the overdraft account they bought from halifax

the account was in dispute over charges with halifax since june 2007
and never had a default letter of halifax

[Curlyben]

Re: smith v halifax & first credit overdraft

This deals with the workings of assignment: http://www.legalbeagles.info/forums/...and-assignment

[Kafka]

Re: smith v halifax & first credit overdraft

1) Did they apparently sell the account while it was in dispute?

2) Is there a default registered?

3) Have charges been added to the account?

[smith]

Re: smith v halifax & first credit overdraft

1) Did they apparently sell the account while it was in dispute? yes

2) Is there a default registered? yes

3) Have charges been added to the account?

yes and statement of account 1 page they have been removed overdraft was £1400 but it shows the overdraft went over its limit