Hillesden Securities/DLC What's my next step?

warlow

Firstly, I hope this is in the right section but I have noticed similar threads here.
I had a business acount with Bank of Scotland with an overdraft of £10,000 opened in 2008. After various personal problems I couldn't spend time on building a business and therefore paying off the overdraft but I did arrange a repayment plan with the bank which I kept to.
I received a letter from Bank of Scotland and DLC in mid-Dec 2014 to tell me that my debt had been passed over to DLC. I requested a copy of the agreement, a full statement of account, a copy of the deed of assignment and copies of any other documents related to the account.
On the 14th Jan 2015 I received a heavily redacted copy of the deed of assignment with a letter stating that they were waiting on the rest of the documentation from Bank of Scotland.
Today (1st April) I received a copy of my application form for the original business account that the overdraft was attached to as well as copies of past bank statements and a letter stating a new, higher, balance so they are obviously charging interest which they haven't bothered to tell me in the last four months.
Am I right in saying that the agreement was in default from not complying to my request in time but it is now no longer since they have finally produced the signed document between the bank and myself? If the agreement was in default did they have the right to add interest to the account during that time?
Please help, my head is spinning.
Chris.

rizla_king

warlow wrote: »

Am I right in saying that the agreement was in default from not complying to my request in time but it is now no longer since they have finally produced the signed document between the bank and myself?

no. Doesnt apply to overdrafts

warlow wrote: »

If the agreement was in default did they have the right to add interest to the account during that time?
Please help, my head is spinning.
Chris.

Yes their right to add interest carried on.

sourcrates

Hi,
Different rules apply to bank account/overdrafts, there is no signed agreement for these accounts, they are covered by different legislation to loans, credit cards etc.

So a CCA request does not apply to these debts, they have responded with an application forms and statements, which is normally sufficient to prove liability.

The time limit on responding is not subject to any penalty for late compliance, if it was a "running credit agreement account", then the account would be temporarily unenforceable until such time as they did respond, but again, this does not cover overdrafts.

warlow

Thanks for the replies, I've spoken to Payplan now and I will be speaking to Stepchange tomorrow. According to Payplan, as I'm a sole trader, they can add it to my personal debts and manage them together.