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rizlajon

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  1. its now gone from credit report so 6 years must be up
  2. at the min its just letters and phone calls coming at me but i guess they will soon be doing court action if i keep agnoring them
  3. think it is the 9th or 24th of feb 2009 default date sorry forgot i had a post already going
  4. had a letter yesterday saying this as been taken on by fredericks
  5. Enterprise house xxxxxxxxx 1 apex view xxxxxxxxxx leeds xxxxxxxx ls11 9bh xxxxxxxxx xxxxxxx Lowell reference no 13313xxxxxx date 23/11/2013 Dear sir/madam Under the provisions of The consumer credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with halifax As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account. You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal; s.74A(2) The current account agreement must include the following information at the time it is made: (a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit, (b)any conditions applicable to that rate, ©any reference rate on which that rate is based, (d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and (e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied). You should also be paying attention to s.74(B)(2) which reads, I quote; s.74B(2) The matters referred to in subsection (1) are: (a)the fact that the current account is overdrawn or the overdraft limit has been exceeded, (b)the amount of that overdraft or excess, ©the rate of interest charged on it, and (d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges). Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate. I trust that I have set out the position clearly and I await your response with the requested information. Yours faithfully, x.xxxxxxx
  6. dont think ive ever made a paymant after default date which was 24 fed 2009 i sent a letter to lowells mths ago asking for proof i have never acknowledged it to them. so if this went to court i couldnt say its sb then
  7. hi all. just a question i have an over draft debt which a company is chasing me for they bought it off Halifax ive looked on my experian credit file and its shows that 6 years will be up this month. the file used to be under Halifax now its under this companies name on experian it only shows when they last updated ( one red dot with number8 in it and money owed under it ) it doesnt show when or if there was any money paid after the default date . once it goes past the default date this month can they take me to court or will it be s.b
  8. hi all been a long time. well this has been stayed for over 12mths now do i still sit and wait. is it better for me the longer it goes on if they re opened it and went to court
  9. ooops sorry andy i meant to say how do they lift the stayed i guess by telling the court they wish to re start and proceed with the case, wat the the steps be on my part if they did do i argue why it shouldnt proceed. its just a heads up so i know wat to expect if they did
  10. wat would be my chances of having it struck out, i have never recieved anything from them regarding the cpr and cca requests or do i just leave it where it is for longer
  11. hi all im bk again lol i was wondering how long do i leave this be fore i ask to be struck out. and since this is now stayed the 6 year barred dont work which is a shame as from july this year the dept would be over 6 years old. thank u for ur time in reading this
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