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Hi,
After paying down debt via a DMP for 4 years I eventually requested a CCA from each of my two debtors.
All of them came back as unenforceable, however, today, PRA claim my old (2004) overdraft account is now enforceable, because they have sent me a years’ worth of statements 2017-18 (2018 being the year I defaulted).
in their original letter they stated the following:
”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.”
In my reply, I’ve drawn their focus to the fact they haven’t provided any evidence as to when the overdraft was applied to my account. Debt helpline don’t think one year of statements satisfies the CCA either.
What do you guys think?
After paying down debt via a DMP for 4 years I eventually requested a CCA from each of my two debtors.
All of them came back as unenforceable, however, today, PRA claim my old (2004) overdraft account is now enforceable, because they have sent me a years’ worth of statements 2017-18 (2018 being the year I defaulted).
in their original letter they stated the following:
”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.”
In my reply, I’ve drawn their focus to the fact they haven’t provided any evidence as to when the overdraft was applied to my account. Debt helpline don’t think one year of statements satisfies the CCA either.
What do you guys think?
