Abbey Overdraft from 2001, need help!

Meh01

I've used the same title as I used in the Loans section to keep things clean, I posted on the loans section about my overdraft, left it for a few hours and came back but no reply. Having looked at other sections it got me paranoid that perhaps I should have posted here instead as theres far more people viewing and more chance of getting the advice I need. Instead of reposting ill put a link below so im not clogging up the forum with the same post.

If you think you could help me go here (although you probably wont have an idea of whether you can help till you actually look :-p ): http://forums.moneysavingexpert.com/showthread.html?p=9302897#post9302897

Bare in mind its a rather large post.

If im breaking any rules I do appologise, I didnt realise. Im just worried about sitting and not taking action while I wait on a response that may have been better answered in another section.

fermi

Hi.

Right. Have a think about how long it is since you last made a payment on this debt, and how long it is since you last wrote to anyone acknowledging that you owed the debt.

The debt may well be "time barred" under the relevant limitation period/Act. That's 5 years in Scotland.

Then read through the info here:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

Meh01

Hi fermi, Thanks for replying.

Its hard to remember exactly when I last made a payment on this debt, I know where I was working at the time when I made the last payment to 1st credit, it was way back in either 2004 or 2005 (more likely the first few months of 2005) I cant remember when exactly i first made a payment on the debt before then, part of me does feel like i may have tried paying it back near the end of 2002 but I really cant be sure. After I stopped paying and a few letters from them while unemployed I never heard from them again and let it slip from my mind completely (I guess I hoped it would just go away, which was silly).

Back then I never realised how important it can be to communicate through letters rather than telephone so that I could keep any evidence to fall back on. So unfortunately I only communicated to these people through telephone calls. My only acknowledgement of the debt would have been making the payments so I guess I would need to find out exactly when I made my first payment to try to settle the debt.

Probably worth contacting Abbey/1st credit to find out, Could anyone point me in the right directon for where i could find the correct contact details (for either)?

Also is there anything you think I should write to ScotCall that would inform them that I am looking into the debt or atleast have them confirm that it is them I should be paying back the debt to?

I did look at the link you gave me fermi and it was very helpfull however i couldnt use the standard letter they have there as I cant be sure that 5years have passed since i acknowledged the debt.

GeorgeUK

Can you do a "subject access request" to see the transactions that were done on that account and get the details from there? Most people on this site use if for working out bank charges but it may help you see when the last payment was made.

Meh01

I was just about to say, I had a browse around the link fermi provided and found the standard letter for asking the creditor for a copy of the credit agreement which i think i may send, unless theres any reason someone thinks I shouldnt.

GeorgeUK im not entirely sure how i would go about making a subject access request, I've never heard of one and im not sure what it all involves. Could you help me with that?

GeorgeUK

There is a £10 charge for a SAR, so you are probably as well asking for the CCA (just remember not to sign it). If they can't produce it then you should be ok, and if they can then you can ask for a SAR to see your transactions. There will be a template somewhere but i'll hold off looking for it until you ned it.

Meh01

Thanks GeorgeUK, I am hoping that I get myself into a job soon, my first priority is to clear any debts I have like my student loan and obviously this. I would love to have £1000 of debt cleared but right now all I want is to make sure these people are who I should be paying so that I can pay it back (guess id feel better about it to be honest).

I guess im a little too paranoid and im worried that if i pay them i may end up with another debt collector coming along asking to pay it again. Ill send off the the CCA with the £1 charge aswell on a Recorded delivery so that I can clear my mind a little.

I found an SAR template (link below) but im unsure if its one I could use as quite a few different websites seem to have them and this one seemed to be a better template than others.

http://www.fsa.gov.uk/pages/information/pdf/data_protection.pdf

Anyway ill send off the CCA and then post back here if i have anything more to ask.

Oh and consider yourselves "Thanked" *clicks thanks buttons*

fermi

An overdraft isn't required to have a CCA (Consumer Credit Agreement) in the same way that a loan or credit card is.

Instead, if I remember correctly, the Consumer Credit Act/regulations require the bank to have sent you a letter detailing the terms and conditions of the overdraft facility and and interest rates and charges when the OD facility was agreed.

That's why I didn't immediately suggest making that request. But it might still be worth sending it, since you should get a statement of account at least.

GeorgeUK

I think that SAR template is just to get information from the FSA.
The consumeractiongroup has a template
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Just remember not to sign the letter - just incase
Edit: Never noticed it was an overdraft. Well spotted Fermi.

Meh01

Yes it is an overdraft, Thanks for that template GeorgeUK ill bookmark it just incase I need it, Im unsure whether its worth trying this CCA now but i guess it couldnt hurt. I think what I will do is send 2 letters 1 being the CCA and 1 explaining my current circumstances that way they have as much information as possible then Ill see how they respond.