smith v halifax & first credit overdraft

[smith]

Re: smith v halifax & first credit overdraft

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

s a r reuest cca was sent in june 2007 paid £10 pluss £1 cca and halifax never sent me anything back the thieveing gitts

[smith]

Re: smith v halifax & first credit overdraft

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

s a r reuest cca was sent in june 2007 paid £10 pluss £1 cca and halifax never sent me anything back the thieveing gitts

[smith]

Re: smith v halifax & first credit overdraft

s a r reuest cca was sent in june 2007 paid £10 pluss £1 cca and halifax never sent me anything back the thieveing gitts

help needed getting first credit of my back

[FlamingParrot]

Re: smith v halifax & first credit overdraft

s a r reuest cca was sent in june 2007 paid £10 pluss £1 cca and halifax never sent me anything back the thieveing gitts

The £1 fee would be for a s.77/79 CCA request which doesn't really apply to overdrafts. The regulations noted on this post ---> http://www.legalbeagles.info/forums/...328#post312328 wouldn't have been in force in 2007. Have you sent the letter as per that post? No need for the £1 fee with that one.

As for the SAR, that relates to the DPA rather than the CCA. If they don't comply with a SAR, you should complain to the ICO, however, now would be too late to complain of non-compliance in 2007. You'd need to start again and send another SAR (to the Halifax, not 1st Crud because they wouldn't have any statements).

[smith]

Re: smith v halifax & first credit overdraft

solictors moon beever letter today 05 march

cai finance limited

we act for cai finance limited of 20-22 bedford row london wc1r 4js

we are instructed by cai finance limited that you enterd into a written agreement numberd xxxxxxxx with bank of scotland (the creditor ) the agreement was regulated by the consumer credit act 1974

the monies resulting from this agreement were repayable by you together with intrest and any charges at the rate and times specified in the agreement however you failed to adhere to the terms of the agreement and you failed to take the opportunity to remedy your breach in the light of the above the creditor assigned the agreement to cai finance limited and that bu notice in writeing you were informed of assignment we understand that cai finance limited through its agent 1 credit limited and 1st credit limited tradeing as connnaught collections have made further written and oral requests for payment of the assigne sum that is due oweing by you however you failed to pay the sum due the balance due is £1,410.45
our client looks forward to recevining 1,410.45
within 16 days of the date of this letter
our client looks faward to recevining your full response within 16 days as specified but if you do not receive the balance 1,410.45 then we are instructed that our client may issue court proceedings for 1,410.45 pluss intrest and court fees

cai finance limited is the new name for 1st credit limited and in a letter 1st credit stated after i sent a cca request that overdrafts are not coverd by cca

[jon1965]

Re: smith v halifax & first credit overdraft

They are and they aren't its kinda confusing ..well at least to me. There is a letter that you can send that explains it to them. Sure FP will post it up

[FlamingParrot]

Re: smith v halifax & first credit overdraft

They are and they aren't its kinda confusing ..well at least to me. There is a letter that you can send that explains it to them. Sure FP will post it up

This one, see this for reference ---> See this for reference ---> http://www.legalbeagles.info/forums/...144#post312144

Dear Sirs,

Account/Ref

Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually for this account.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, could you please send me the required documents. I trust that I have set out the position clearly and I await your response.

[FlamingParrot]

Re: smith v halifax & first credit overdraft

cai finance limited is the new name for 1st credit limited and in a letter 1st credit stated after i sent a cca request that overdrafts are not coverd by cca

A standard s.77-79 CCA request doesn't apply, but see post above.

Having said that, this letter is from a firm of solicitors so it could be treated as a letter of claim or letter before action, albeit not a very compliant one, so you could respond with something like this, adapting it to your circumstances. The crux would be anything you can come up with regarding charges, etc. as per your posts above, but don't argue non-compliance with the CCA request you sent years ago, because it wouldn't have been applicable.

Dear Sirs

Re your letter dated 30th October 2012.

Thank you for your letter, the contents of which i have noted.

Since your letter clearly refers to the threat of litigation, i am treating it as a formal letter of claim albeit an entirely defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, i cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which i have raised.

The main crux of my dispute is [insert your reasons here]

Accordingly and in accordance with the CPR pre action protocol practice direction i look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Yours faithfully

[smith]

Re: smith v halifax & first credit overdraft

A standard s.77-79 CCA request doesn't apply, but see post above.

Having said that, this letter is from a firm of solicitors so it could be treated as a letter of claim or letter before action, albeit not a very compliant one, so you could respond with something like this, adapting it to your circumstances. The crux would be anything you can come up with regarding charges, etc. as per your posts above, but don't argue non-compliance with the CCA request you sent years ago, because it wouldn't have been applicable.

shall i add penalty charges ,over charged iintrest,,halifax failing to deal with dispute any thing else i can add

[smith]

Re: smith v halifax & first credit overdraft

shall i add penalty charges ,over charged iintrest,,halifax failing to deal with dispute any thing else i can add

shall i add penalty charges ,over charged iintrest,,halifax failing to deal with dispute any thing else i can add

[gaz2006]

Re: smith v halifax & first credit overdraft

shall i add penalty charges ,over charged iintrest,,halifax failing to deal with dispute any thing else i can add

penalty charges arent recoverable due to Supreme court judgement unless you have a great new argument , what do you mean by over charged interest ?

[smith]

Re: smith v halifax & first credit overdraft

intrest on top intrest due to charges and halifax would never settle the dispute and sold debt on with out sending default letter or a credit agreement and wouldnt settle charges we was due to

[Kafka]

Re: smith v halifax & first credit overdraft

It wasn't a loan, so there was never a credit agreement and it wouldn't be defaulted in the same way. Bank charges are not reclaimable now like charges on regulated agreements.

[smith]

Re: smith v halifax & first credit overdraft

Re: smith v halifax & first credit overdraft

solictors moon beever letter today 05 march

cai finance limited

we act for cai finance limited of 20-22 bedford row london wc1r 4js

we are instructed by cai finance limited that you enterd into a written agreement numberd xxxxxxxx with bank of scotland (the creditor ) the agreement was regulated by the consumer credit act 1974

the monies resulting from this agreement were repayable by you together with intrest and any charges at the rate and times specified in the agreement however you failed to adhere to the terms of the agreement and you failed to take the opportunity to remedy your breach in the light of the above the creditor assigned the agreement to cai finance limited and that bu notice in writeing you were informed of assignment we understand that cai finance limited through its agent 1 credit limited and 1st credit limited tradeing as connnaught collections have made further written and oral requests for payment of the assigne sum that is due oweing by you however you failed to pay the sum due the balance due is £1,410.45
our client looks forward to recevining 1,410.45
within 16 days of the date of this letter
our client looks faward to recevining your full response within 16 days as specified but if you do not receive the balance 1,410.45 then we are instructed that our client may issue court proceedings for 1,410.45 pluss intrest and court fees

cai finance limited is the new name for 1st credit limited and in a letter 1st credit stated after i sent a cca request that overdrafts are not coverd by cca

Last edited by smith; 7th March 2013 at 14:47:PM.

[gaz2006]

Re: smith v halifax & first credit overdraft

=smith;327539]intrest on top intrest due to charges and halifax would never settle the dispute and sold debt on with out sending default letter or a credit agreement and wouldnt settle charges we was due to

This is an overdraft not credit card or loan they are entitled to charges if you go overdrawn or over limit and they are unfortunately entitled to interest too charges dont stop if you are in dispute with them