RBS and debt collection

[foxtrotoscar]

advice would be much appreciated,

 

i had an overdraft with Natwest and this went to default,

 

It then went to moorcroft who after a CCA request i didn't hear anything,

 

received a letter from AIC a few months ago and CCA'd them who told me to write to RBS and get the information,

 

i do know of this debt but just not happy with the amount they are asking due to interest and charges applied!

 

its now been about 2 months and i have heard nothing. what would be the best thing to do now?

 

thanks in advance

[ims21]

There won't be a credit agreement for an overdraft so a CCA request won't be of any use.

 

Claiming back charges on current accounts (overdrafts) is pretty much a non starter unless you are claiming under the hardship rules.

[dx100uk]

how old is the account

and does it show on your cra file?

 

dx

[foxtrotoscar]

the account was passed to moorcroft around october 2010 and yes it does show on the cra file,

[dx100uk]

and when does the debt orginate from?

how much are they after

 

how name is against the debt too

 

and have you evenhad any discount letter

[foxtrotoscar]

Hi,

 

they are asking for £3,800 and the overdraft was £2,000

 

I got the overdraft around 8 years ago and i have not received a discount letter.

 

im not sure what you mean by how name is against the debt?

[dx100uk]

when was the last time YOU used the account.

 

by name against the debt

 

on the cra file it tells you the owner

like Natwest

or is the DCA's name against it?

 

dx

[foxtrotoscar]

Hi DX,

 

last used the account around 08/2010 and the name on the CRA is Natwest personal overdraft

[dx100uk]

ok thanks

 

ok so its still with the OC

 

they have done nothing about chasing it as such

just farmed it out to a collector.

 

i suspect, as its inflated with lots of unlawful PENALTY fees

they'll go nowhere near a court.

 

pers i'd ignore things for now.

 

just another fleecer trying their luck.

 

dx

[foxtrotoscar]

ok thanks

 

ok so its still with the OC

 

they have done nothing about chasing it as such

just farmed it out to a collector.

 

i suspect, as its inflated with lots of unlawful PENALTY fees

they'll go nowhere near a court.

 

pers i'd ignore things for now.

 

just another fleecer trying their luck.

 

dx

 

thanks, i will keep you posted

[Ceres]

Just one thing. I thought overdrafts were regulated under the CCA.

Isn't it a case that if they are going to claim they don't need to sent one because there is no CCA they should write and tell you that?

 

Otherwise they could almost be in default and have lost the right to claim part 5 exemption,

in which case they would be bound to provide a full CCA.

 

Just trying to clarify because I might have misunderstood what I've read previously.

 

You said you sent a CCA to Moorcroft and never heard back.

Did they cash the payment?

 

Just thinking here that if they received it and didn't reply at all,

are they not in default of the request on the grounds they have not responded?

[dx100uk]

typically OD's are not coverd by ALL the CCA act only certain parts.

 

dx