CCA and overdraft, Enforcement Notice, DN etc...........

[smith]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

hi there what kind of letter do you need to send halifax for a overdraft as they state the account is not coverd by cca

[gravytrain]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

As Peterbard says at the beginning of this old thread the CCA was only exempt from one part of the CCA.

Since feb 2011 this exemption no longer applies, and creditors must give information under the new sections of the act.

If you have an agreed overdraft, you need to apply for a copy of the terms of your agreement under section 61(B) of the CCA.
If your account only has the facility for an overdraft (tacit agreement)you need to apply for a copy of the terms required under section 74(A) of the cca.

If the account has gone significantly overdrawn without consent they should have sent you a notice under section 74(B) containing the information pertaining to the charges to be applied.

These should be provided annually in any event.

[FlamingParrot]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

hi there what kind of letter do you need to send halifax for a overdraft as they state the account is not coverd by cca

Something like this, you may need to edit it to suit your circumstances:

Dear Sirs,

Account/Ref

Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually for this account.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, could you please send me the required documents. I trust that I have set out the position clearly and I await your response.

See this for reference ---> http://www.legalbeagles.info/forums/...144#post312144

[smith]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

Something like this, you may need to edit it to suit your circumstances:



See this for reference ---> http://www.legalbeagles.info/forums/...144#post312144

thankyou flaming parrot so if i copy and the statment you something like this put account no in and send it to first credit who bought the account or do i send it to halifax

[Kafka]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

Send to Hfx who will be the only ones with the data on the account. DCAs rarely bother to get paperwork even when they buy an account and if you ask them for data you usually just get a letter back saying that they don't have it and have written to the original creditor to get it.

[FlamingParrot]

Re: CCA and overdraft, Enforcement Notice, DN etc...........

Send to Hfx who will be the only ones with the data on the account. DCAs rarely bother to get paperwork even when they buy an account and if you ask them for data you usually just get a letter back saying that they don't have it and have written to the original creditor to get it.

This is very true, debts are sold in bulk without any information about them or paperwork. However, to be on the safe side, I'd send 1st Crud a copy, indicating you're requesting this information from the the Halifax, just to keep them in the loop, as they are the owners of the debt and the ones who could take further action, unaware of the disputes you may have with the OC.