Loan Company Cannot Supply The Original Agreement

baconbuttyman · 14th June 2006, 17:20

Cos They As Of Yet They Cannot Find It, I Have Given Them 2 Months In All To Comply To The Data Protection Act, After 2 Phone Calls, The Latest Today, They Informed Me They As Of Yet Cannot Supply Me With An Original Signed Agreement, I There Fore Said That They Could Not Prove There Was A Debt, They Agreed That Would Be The Case, I Then Told Them I Would Write And Give Them 7 Final Days And Then Reliquish All Responsibility Ect To The Loan If They Did Not Produce A Signed Agreement, Can I Do This, And How Do I Word It.
Thanx

Movingon · 14th June 2006, 17:26

Firstly, under the Consumer Credit Act, if you request a signed copy of the original agreement, they must provide it within 12 WORKING DAYS by Law. If they take longer than that plus 30 days to provide it, they have committed a criminal offence.

So - the debt is now unenforceable already. You are being extremely generous. If they have entered a "Default" on your credit file, you now have a good case for getting it removed as there IS NO DEBT.

surreyscouse · 14th June 2006, 17:39

Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

surreyscouse · 14th June 2006, 17:44

also, if they cannot provide the signed agreement then they would have to pay back all of the money you have already paid them yeah ?

dan-rides-bikes · 14th June 2006, 17:46

i requested a copy of a loan agreement today, clocks ticking on the 12 days

Movingon · 14th June 2006, 17:51

Quote:

Originally Posted by surreyscouse

Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

You can read about the rule in the Consumer Credit Act 1974. And the Statutory Maximum Fee for this kind of request is £1.

SurreyScouse you're PROMPTING ME!!! I gave SOME info at least!!

LOL

And as regards paying it all back, you KNOW it's true.

mahala · 14th June 2006, 17:53

Quote:

Originally Posted by surreyscouse

Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

you need to send a £1 postal order.

12 day rule:

77 (1) and section 78 (1) of the Consumer Credit Act 1974

baconbuttyman · 14th June 2006, 18:03

thanx for reply.. i have drafted this letter, do you think this is worded ok, its straight and to the point and gives them no more time to supply the document

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam
REFERENCE NUMBER: xxxxxxxxxxxxxxxxxxx

I write to you regarding the telephone conversation with your department today, I have been informed by your department that the original signed agreement is missing.
I have give you time enough to supply the original signed agreement and you now have exceeded the 40 days you are allowed and by not supplying the document are committing a criminal act.
I therefore now relinquish any debts you claim I have with your company, I also request you with draw any defaults/adverse credit you have lodged against me
I give you seven days from the date of this letter to comply, otherwise I will be forced to take legal action
No other correspondence will be entered in to.

Yours faithfully,

mahala · 14th June 2006, 18:45

I'm confused - was it a subject access request under the Data Protection Act or a request for the credit agreement etc under the CCA?

If it was Subject Access Request, then what has been said in relation to offences doesn't fit - they have failed to comply with a Subject Access Request which means you can go to court to force them to comply.

If the request was made under the CCA then they have committed an offence after one calendar month, not 40 days. see this thread for more info. I would read up and work out which it is before you send the letter, because as it stands the info in it is inaccurate, I think.

hope this helps!

baconbuttyman · 14th June 2006, 18:51

i origionally sent a Data Protection Act request, they sent statements but no loan agreement, they say they cannot find it, so i am now wondering where i stand with relation to the loan, if they dont have a signed agreement, where does that leave me

mahala · 14th June 2006, 19:14

technically it leaves you with an unenforceable debt. I'm not sure, however, if you need to have made the CCA request to make this so - I know the end result is the same - ie they can't find the agreement, but not sure if there's some technicality that says you have to made [this] reques and not [that] one - you know how the law can be.

There are people on here though with more knowledge of this than me, and with a bit of luck, one of them will sashay over here shortly

alanfromderby · 14th June 2006, 19:20

It is important that you follow the procedure set out in the Consumer Credit Act and make a statutory request under sections 77(1) and 78(1). A draft letter is shown elsewhere on the forum - and as stated, you need to send the £1 fee.

It is only when they have defaulted under this that the debt becomes unenforceable after 12 working days (you can legally suspend payments at this point until they provide the agreement) - and after one month they have committed an offence.

Should they then seek to enforce the debt they will have to explain to the court why they defaulted, and seek permission to continue - and you can also report them to Trading Standards and the FSA.

However, remember that all this only applies after sending the letter under the terms of the Consumer Credit Act 1974.

baconbuttyman · 20th June 2006, 16:42

they have just written back saying they still cannot find it, they havent got one so how do i go about dumping the debt, i have sent a letter to them last friday stating that if its not received within the next 7 days i will start proceedings, but what proceedings am i to persue, i am lost from here, what court forms do i need.

alanfromderby · 20th June 2006, 17:08

Quote:

Originally Posted by baconbuttyman

they have just written back saying they still cannot find it, they havent got one so how do i go about dumping the debt, i have sent a letter to them last friday stating that if its not received within the next 7 days i will start proceedings, but what proceedings am i to persue, i am lost from here, what court forms do i need.

Don't lose sight of what you want to achieve.

Unfortunately you have not given any detail in this thread as to what exactly you are challenging, and why you sent the requests in the first place.

If you believe the debt contained an element of unlawful charges, but they have been unable to provide information - and have now defaulted on the Consumer Credit Act request, then you have achieved your goal. The debt is unenforceable - and they have admitted that themselves. Job done!

If the issues are wider, then you need to give more information.

dolly · 20th June 2006, 20:50

Quote:

Originally Posted by alanfromderby

If you believe the debt contained an element of unlawful charges, but they have been unable to provide information - and have now defaulted on the Consumer Credit Act request, then you have achieved your goal. The debt is unenforceable - and they have admitted that themselves. Job done!

So presumably then, if the debt is unenforceable, you cannot go after unfair charges otherwise you would be admitting that you do actually own the debt, regardless of whether they can find the paperwork or not? Or am I so completely wrong?!!

baconbuttyman · 20th June 2006, 20:58

Quote:

Originally Posted by alanfromderby

Don't lose sight of what you want to achieve.

Unfortunately you have not given any detail in this thread as to what exactly you are challenging, and why you sent the requests in the first place.

If you believe the debt contained an element of unlawful charges, but they have been unable to provide information - and have now defaulted on the Consumer Credit Act request, then you have achieved your goal. The debt is unenforceable - and they have admitted that themselves. Job done!

If the issues are wider, then you need to give more information.

yes i was origionally after unfair charges to be refunded, the agreement was origionally reqested with the Data Protection Act request, but what i dont understand is how to get them to ackknowlege that the debt is now unenforceable with out some form of court order. what do i do if they contest the unenforcable debt

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