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Are personal overdrafts covered by CCA?

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  • Are personal overdrafts covered by CCA?

    I have received a CCJ claim in relation to a personal overdraft, to which I filed a defence based on the fact that I have not received any prior letters or communications about it. Please note that the debt is not statute barred. Claimant is stating they do not have any form of signed agreement and there is no requirement to have one. They have also failed to provide a copy of any default notice.

    I have 2 questions:
    1) Is the overdraft covered by the Consumer Credit Act? if so, what documents is the claimant obligated to provide?
    2) Having filed a defence on 15/8/24, when would the CCJ claim become stayed if the claimant has not responded to the defence?

    Thanks
    Tags: None

  • #2
    Overdrafts are covered by CCA .
    depends on overdraft type (arranged or not!) as to what is required
    (https://www.legislation.gov.uk/ukpga...-05?view=plain)

    Claimant does not have to reply to defence see CPR 16.7 (https://www.justice.gov.uk/courts/pr...l/rules/part16)

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