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bank account not covered by cca request?
pink_fairy_5
Posts: 174 Forumite
is it true that a bank account isnt subject to a cca request?
i recently had a letter from a dca regarding a bank account. i have had a bank account with the bank they are representing but it was closed.
i sent them a cca request as i dont recognise the account number and i dont beleive this account is mine.
i had a letter in repsonse today saying as it is a bank account and not a fixed sum credit agreement or a running account agreement it is not covered by the sections of the consumer credit act mentioned. Also it says that i suggest it is made up of unfair charges - i said nothing like that it was the national debtline template letter!
it then goes on to say for a statement of account to contact the bank and gives address, now surely if they are chasing me for a debt then dont they have to give some proof its mine in the first place?
they then ask how i would like them to proceed, any ideas?
thank you for any help
i recently had a letter from a dca regarding a bank account. i have had a bank account with the bank they are representing but it was closed.
i sent them a cca request as i dont recognise the account number and i dont beleive this account is mine.
i had a letter in repsonse today saying as it is a bank account and not a fixed sum credit agreement or a running account agreement it is not covered by the sections of the consumer credit act mentioned. Also it says that i suggest it is made up of unfair charges - i said nothing like that it was the national debtline template letter!
it then goes on to say for a statement of account to contact the bank and gives address, now surely if they are chasing me for a debt then dont they have to give some proof its mine in the first place?
they then ask how i would like them to proceed, any ideas?
thank you for any help
0
Comments
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Unfortunately it's true that an overdraft isn't covered by a CCA.
Someone else will be along soon who knows how best to proceed.Unless I say otherwise 'you' means the general you not you specifically.0 -
thank you. does anyone know what i should do now?0
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You're quite right that they need to prove that the debt is yours to begin with.
If this debt is from an overdraft then there is no CCA so you can't request one. I would send the "prove it" letter so that you know if this debt is yours or not.
If it is, you can still do a subject access request to the original creditor to get certain information from them - and reclaim charges while you're at it.
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=3After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110
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