Unauthorised Overdraft

[brubaker]

Hi guys/girls

 

 

I do not know where to start on this one.

 

 

Around 2011, HSBC closed my current account for financial reasons and I was left with an overdraft debt of approx. £2500. Strangely enough (in which I won't go into detail at this stage) there was no overdraft facility authorised or in place, I had asked them on previous occaisons, but they declined.

 

 

Should I request a copy of the overdraft facility letter to start with? I did send them a SAR request and they sent me four reams (2000 sheets) of paperwork, It's actually guite daunting to look at.

 

 

I recently received a letter from HSBC informing me that they had passed on the debt to a debt collection agency.

 

 

Is it possible that this debt is unenforceable because potentially no agreement was in place and the bank never notified me of any said agreement?

 

 

Additionally, there a PPI balance and various other charges e.g. late payment, od charges etc.

 

 

What is the best way to proceed with tis?

 

 

Thanks very much all.

[SabreSheep]

Late payment and overdraft chages on a bank account can only be reclaimed using BCOBS

 

PPI can be dealt with as a seperate complaint.

 

Facility for OD agreement, will not hold water as they could of been accumilated form unauthorised overdrafts or informal overdraft requests. Again these would need to be challenegd via BCOBS

[brubaker]

Thanks for the info. Sabre

 

 

Regarding Overdraft, what are your thoughts or anyones thoughts on below:

 

 

1. CCA Section 74 and more importantly the determination exempts Banks from complying with Part V of the CCA74, which means they can give an overdraft without a written agreement, ONLY PROVIDED that they have complied with all three requirements of the determination issued by the OFT. See 'Coutts v Sebestyn' in the Court of Appeal. This includes sending the appropriate letters when the overdraft was granted. I doubt whether these letters can be requested under section 77-79 of the CCA. But if proceedings are started against you you should seek disclosure of the letters to see if the bank is entitled to the exemption from Part V.