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CCA for Overdraft

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  • CCA for Overdraft

    Hello!

    I am aware that a CCA doesnít need to be provided for an overdraft, however I took a stab in the dark before I knew this and sent a request for one to Intrum.

    This was sent recorded delivery on the 13th of May 2020 and I received a reply dated 8th October 2020.

    within the reply they have stated they do not need to provide one as was a defaulted overdraft and have given copies of the bank statements during the time the account was open.

    my question is A. do I have any recourse with their delay of their 5 month reply? B. This debt was from 2008 but they claim I paid £20 at some point, should I ask for proof of this payment? I cannot recall making it but Canít be positive.

    For reference I live in Scotland.

    thank you in advance
    Tags: None

  • #2
    You need to ask again to be clear, if your account is hacked by someone with bad intentions, then you will be the one to suffer a lot of damage. drift boss

    Comment


    • #3
      You need to ask them for a copy of the terms and conditions of you opening the account as you do not remember entering into contract with the bank or any applicable terms that may have existed.

      They'll resist, but at that point you need to remind them that if a court is going to rule on breach of contract it must have the terms to be able to rule if such a breach has occurred and what, if any penalties are applicable, as well as what recourse the party that has suffered from the breach is entitled to. If they can't even prove you have entered in to contract with the bank how can a breach have occurred?

      I highly doubt they'll be able to get the original account opening from an account that old, banks only keep paperwork like that for 6 years pre online signing up to accounts and in the naughties it was very uncommon to agree account opening fully online.

      Yes, tell them you want to see a copy of the transaction that paid £20 on the account inclusive of the account or card number that made the payment and when.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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