NOA from 1st Credit reagarding HBOS O/D

[jon1965]

Hi all
I have had a NOA from 1st Credit regarding my HBOS OD
This has gone through several DCA's and I have used the OD letters that FP has posted with quite a bit of sucess. The last one was with wets who basically referred to the credit consumer act ! said HBOS had been sending me statements ,when it was with RW they sent me a bunch of statements up to 2008 but nothing since even though I was paying a small sum off up until Jan 2012.
They also said it wasn't regulated by the CCA , there had never been an formal OD however the did issue a DN as per 87(1) that is compliant as far as I can see although they did register the default 1 day before the remedy date. I also have a copy of my credit file that shows an OD facility of £250 which according to memory will be about right.

Basic question is , what if anything do I do next?

[FlamingParrot]

Re: NOA from 1st Credit reagarding HBOS O/D

Hi all
I have had a NOA from 1st Credit regarding my HBOS OD
This has gone through several DCA's and I have used the OD letters that FP has posted with quite a bit of sucess.

:yo: :yo:

The last one was with wets who basically referred to the credit consumer act ! said HBOS had been sending me statements ,when it was with RW they sent me a bunch of statements up to 2008 but nothing since even though I was paying a small sum off up until Jan 2012.
They also said it wasn't regulated by the CCA , there had never been an formal OD however the did issue a DN as per 87(1) that is compliant as far as I can see although they did register the default 1 day before the remedy date.

As you know, things are a bit more complex with O/D, because they wouldn't require a credit agreement as such. As for the DN, it would really only come into play if this went to court.:juge:

I also have a copy of my credit file that shows an OD facility of £250 which according to memory will be about right.

In your particular case, that's a real shame, because 1st Crud are rather fond of SDs, but obviously they couldn't issue one for that amount.

Basic question is , what if anything do I do next?

As it's just a NoA rather than a demand or threat-o-gram, I'd probably just wait to see what they send next. I received a forest of letters from 1st Crud last year, which were ignored largely due to my being away. As the amount was also below the SD threshold, they didn't seem able to do much more. This small debt was eventually settled with a F&F, but that's another story.

[jon1965]

Re: NOA from 1st Credit reagarding HBOS O/D

Thanks FP
The actual debt is 710.10 which is still below the SD threshold although I am sure if I ask nicely they will add on £40

My plan I think will be to wait until I hear anything then send off the OD 1 again and see where it goes....another site has suggested I pay £1 a month...two word answer to that and you know what they are lol

[jon1965]

Re: NOA from 1st Credit reagarding HBOS O/D

In the end I sent 1st Credit a letter stating the account was in dispute
Account In dispute 1st CreditEdit.pdf

I then got this back
1st Credit refer to HBOS 21012014 Edit.pdf

I am curious about the 4th paragraph where they said the DG of Fair Trading made a determination in 1989. Isn't that all a bit of a red herring especially considering the updates to the CCA and the EU directive 2010.

If anyone can explain it to me in noddy language I would appreciate it

[Guest]

Re: NOA from 1st Credit reagarding HBOS O/D

In the end I sent 1st Credit a letter stating the account was in dispute
[ATTACH=CONFIG]10649[/ATTACH]

I then got this back
[ATTACH=CONFIG]10650[/ATTACH]

I am curious about the 4th paragraph where they said the DG of Fair Trading made a determination in 1989. Isn't that all a bit of a red herring especially considering the updates to the CCA and the EU directive 2010.

If anyone can explain it to me in noddy language I would appreciate it

The requirements of the 2010 EU amendments regarding the issuance of information when an "un-prearranged"overdrafts is taken out only came into effect on overdrafts issued after Feb 2011(section 74A).

Before this banks were exempt from the requirements of the CCA that state that a written agreement must be made(part V), this exemption came in the form of a declaration, which stated that as long as the terms of any overdrawing were available to the debtor, then no individual agreement was required, this declaration was rescinded by the EU amendments in 2011.

There has been much discussion about what exactly is meant by "available to the debtor", the actual declaration says "sent" which would imply that each account would have to receive formal notice.

However the OFT position on this was that as long as the information was available via a web page or leaflet, the declaration and exemption was allowed

[jon1965]

Re: NOA from 1st Credit reagarding HBOS O/D

Thanks Andy.
So in effect on that part there is not a lot I can do.
Halifax keep saying they have sent me statements but I haven't received one since may 2008 even though I was paying up until 2011.

Luckily i know exactly when this account was defaulted as i still have the DN.

[Guest]

Re: NOA from 1st Credit reagarding HBOS O/D

Thanks Andy.
So in effect on that part there is not a lot I can do.
Halifax keep saying they have sent me statements but I haven't received one since may 2008 even though I was paying up until 2011.

Luckily i know exactly when this account was defaulted as i still have the DN.

Perhaps not. Regarding annual statements, there is a requirement for them, and if they don't they cannot charge interest for the period they are in breach of the requirement, also I believe this is retrospective.