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Hi,
I recently requested a CCA for an old overdraft debt with PRA Group that I’d originally paid via Stepchange.
This was their original response…
“RYS
With regards to the NatWest Overdraft Account, we were advised this was opened on 11 November 2004 and defaulted on 23 May 2018 with an outstanding balance of £7,396.89.
We purchased the account on 9 November 2018 with an outstanding balance of £6,754.76 and since our assignment, we have received a total of £2,426.86 towards the balance bringing this down to the currently owed £4,327.90.
As per your request, I have reached out to NatWest for some additional documentation. Please be advised, as this is a current account overdraft, which was obtained before February 2011, it is not protected by CCA 1974. As such, no Application or Terms and Conditions are available nor required to be produced. These documents were given to you when the account was opened.
You can check with the branch where the account was opened to see if they have a copy, however, they are not regulated to retain copies of these documents. I can also confirm that final demand notices from the original creditor are possibly not retained and there is no requirement to issue a notice of default.
I am currently awaiting a copy of the Account Statement from NatWest and have also asked for confirmation of when the Overdraft was applied to your account. As we do not yet have this information, we are unable to fully satisfy your request.
As we have yet to provide the Account Statement and confirmation of when the Overdraft was applied to the account, we consider this account to be unenforceable. Therefore, we are currently unable to take enforcement action against you to recover the outstanding balance. Please be advised this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
• Contact you and ask your client to repay what they owe;
• Pass your client’s details onto a third-party collection agency;
• Continue to report the account with the credit reference bureaux; • Send your client statutory letters and annual statements.
If we obtain the Account Statement from NatWest in the future, we will provide this to you immediately. Your account will then become enforceable again allowing us to take appropriate action to recover the outstanding balance if necessary.”
They have since sent me a years worth of statements from 2017-2018. They have also provided a notice of assignment and told me the original account number.
I’ve been told this isn’t complaint by debt helpline but when I made a formal complaint, it wasn’t upheld. I can either go to the ombudsman or seek legal advice?
I recently requested a CCA for an old overdraft debt with PRA Group that I’d originally paid via Stepchange.
This was their original response…
“RYS
With regards to the NatWest Overdraft Account, we were advised this was opened on 11 November 2004 and defaulted on 23 May 2018 with an outstanding balance of £7,396.89.
We purchased the account on 9 November 2018 with an outstanding balance of £6,754.76 and since our assignment, we have received a total of £2,426.86 towards the balance bringing this down to the currently owed £4,327.90.
As per your request, I have reached out to NatWest for some additional documentation. Please be advised, as this is a current account overdraft, which was obtained before February 2011, it is not protected by CCA 1974. As such, no Application or Terms and Conditions are available nor required to be produced. These documents were given to you when the account was opened.
You can check with the branch where the account was opened to see if they have a copy, however, they are not regulated to retain copies of these documents. I can also confirm that final demand notices from the original creditor are possibly not retained and there is no requirement to issue a notice of default.
I am currently awaiting a copy of the Account Statement from NatWest and have also asked for confirmation of when the Overdraft was applied to your account. As we do not yet have this information, we are unable to fully satisfy your request.
As we have yet to provide the Account Statement and confirmation of when the Overdraft was applied to the account, we consider this account to be unenforceable. Therefore, we are currently unable to take enforcement action against you to recover the outstanding balance. Please be advised this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
• Contact you and ask your client to repay what they owe;
• Pass your client’s details onto a third-party collection agency;
• Continue to report the account with the credit reference bureaux; • Send your client statutory letters and annual statements.
If we obtain the Account Statement from NatWest in the future, we will provide this to you immediately. Your account will then become enforceable again allowing us to take appropriate action to recover the outstanding balance if necessary.”
They have since sent me a years worth of statements from 2017-2018. They have also provided a notice of assignment and told me the original account number.
I’ve been told this isn’t complaint by debt helpline but when I made a formal complaint, it wasn’t upheld. I can either go to the ombudsman or seek legal advice?
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