Crapquest...Can I get my cash back?

coasterbloke

Hi all, I've had a HBOS debt for unpaid overdraght and stuff for a while now, I've had Crapquest collecting this from a phone call for about 3 years, They recently wrote to me and said they were upping my £40 payment to £48 and had a balance of 654.99 still to pay. I've never had a signed CCA off them or a deed of assignemnt, now here's my question...
Can I ask for the CCA now and if they cannot provide, claim back my money even though I've been paying? Can I get a statement of my account as I seem to be paying far more than my original debt (from what i remember - it was over 5 yrs ago) If I can stop paying and claim cash back for no CCA can I claim interest etc? If so are there any letters hiding in this vast forum that could put things better than me?
Or am I resigned to the fact that 3 yrs ago, before I dicovered you all, by setting up a payment I admitted the debt, so must pay the lot?

Any help, as ever, greatly appreciated

CB

LilacPixie

I'm not 100% sure if overdrafts are covered by a CCA to be honest. Halifax should still have statements so SAR them for them.

You can also ask capquest for a statement of account to show all payments made by you.

Sorry if that doesn't help any, hopefully some ne with more expertise will be here soon

stapeley

Overdrafts are not covered under the CCA . Your best route would be to do a SAR on Halifax , with the aim of overdraft charges refund . At present refunds are on hold , but some are still going ahead with court claims . Payment over the phone can be, doggy , all negotiations should be done only by letter . For a fee of £10 the bank is obliged to supply the last six years of statements . Add up all the "penalty charges" you will be shocked .

excel1

Overdrafts are covered be the CCA just not in the way that helps those say with credit/store cards so will be of no use to you unless your claiming misappropriation or fraud as they dont have to send a signed agreement but under other sections have to send paperwork.

Just to clear up for peoples benefit if they dont already know, a CCA or lack of it means they cant not enforce the debt, not that it does not exist.

Send a SAr and as Stapley said you maybe suprised if they dont wind up owing you money!

fermi

excel1 wrote: »

Just to clear up for peoples benefit if they dont already know, a CCA or lack of it means they cant not enforce the debt, not that it does not exist.

Just because I'm in an argumentative mood, the Court of Appeal ruling in the Wilson v First County Trust Ltd [2001] EWCA Civ 633 (2 May 2001) did state that:

In effect, the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must (in the light of the provisions in sections 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;

excel1

Yes Fermi your right but how many people actually succedd (godi wish i could spell) with this?

fermi

stapeley wrote: »

Overdrafts are not covered under the CCA .

As said, they are covered, but the form and content required under the OFT's part 74 determination means that requesting the agreement would be useless.

1.4 What is covered by the s74 determination?

A determination under s74(3) was made by the OFT with effect from 1 February 1990. It applies to d-c agreements enabling the debtor to overdraw on a current account, under which the creditor is a ‘bank’ as defined in the Bankers’ Books Evidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

A separate determination was made in respect of certain agreements connected with the death of a person.

Copies of the determinations may be obtained from the OFT.

Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing – see Q1.2.

1.5 Are all bank overdrafts exempt?

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

• the creditor must inform the OFT in writing of his general intention to enter into such agreements;
• the debtor must be informed, at or before the time an agreement is concluded, of the following:

o the credit limit (if any)
o the annual rate of interest and any charges applicable, and the conditions under which these may be varied
o the procedure for terminating the agreement;

• the above information must be confirmed in writing.

Furthermore, where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

fermi

excel1 wrote: »

Yes Fermi your right but how many people actually succedd (godi wish i could spell) with this?

Some do, but it can be a right royal pain in the backside to get the judge/court to agree.

It is a "sore point" and the trigger for endless discussions on CAG.

coasterbloke

So It's covered yeah? I should write for a copy .... ?

pa49

I had just this situation after a Nat West account went t*ts up.
I dragged it out as long as I could then requested six years statements from the bank and went quiet on them.
I calculated that the amount they owed me for unlawful bank charges was near enough the amount they wanted paid back.
They put the debt in the hands of a DCA and I started to get phone calls and threatening letters.
I firmly told them "please take me to court so that I can counterclaim the unlawful charges".
After about four weeks of this everything went quiet until I got a call from BOS and was told that the debt had been referred back and was now in the hands of the bank again. I once again made my position clear and after a few phone calls and some without prejudice conversations I got them to agree to an 85% discount on the amount they were asking for!!!!!!!!!
I got the offer in writing.
I cleared it and haven't heard a word since (now a year ago)
I suppose it's one way to get your charges back!