Are personal overdrafts covered by CCA?

[rifkaleah]

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

[des8]

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)

[rifkaleah]

Hi,

Thanks for the advice.

So the claimiant is insisting that the overdraft is not covered by CCA and that they are not obliged to provide any documenst relating to the overdraft arrangement, including a copy of any overdraft application or terms and conditions. They are not even providing copies of statements.

We have filed a defence to the claim stating that they have not correctly served the relevant default notices/papers etc, but the claimant is now saying that they are going to apply to the court to have our defence struck out and summary judgement issued. FYI, the claim value is approx £16.000.

The court has advised that the claim is currently stayed and that the claimant would have to first apply to have that lifted.

Subject to the claimant prooving their debt, we have tentatively made an offer to make a monthly payment and have provided a household budget to back up the rather low amount available. The claimant has provisionally accepted this, subject to the CCJ being granted and us giving them a charge over our home.

Can anyone clairy the following questions:

1) Can the claimant simply get our defence struck out?

2) Can the claimant simply state theyr served the various default notices etc, without actually producing any evidence of such?

3) Can the court force the claimant to accept our repayment offer?

3) If a CCJ is granted, can the claimant get a charge placed on our property without our permission? If so, what is the process and how long would that take?

[echat11]

pt2537 Can you please take a look.