CCA requested - Overdraft

[Rain bow]

Sent a CCA request to Lowell which was a Lloyds overdraft. I had been paying via a DMP I had which I no longer have.

They replied to say that "there is no requirement to supply a copy of the agreement for current bank accounts under Sections 77 & 78 of the CCA 1974."
They supplied me with.....

Agreement start date
Product name - Overdraft - Lloyds
last payment date (info from my old DMP)
last payment value (info from my old DMP)
Default date
Default balance

They also sent me a statement of my payments to my DMP

Is this debt enforceable with the information they have sent?

Many thanks

[Rain bow]

Bump…

[echat11]

They are correct regards the 'overdraft' not covered under the CCA 1974.

But there would still be an agreement for the 'overdraft' and T's and C's that they should provide you with, they couldn't provide an 'overdraft' without them.

[MIKE770]

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

[echat11]

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

Thanks.