Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Hi everyone - first time posting on this site after having a good look round.
I'm hoping someone can help. I saw a thread from someone who got their entire debt with tesco cancelled as they could not provide a copy of the agreement when it was requested.
I have had my account with Morgan Stanley for a number of years now and wanted to try and get an original copy of my agreement from them. I've looked around but cannot find any template letters that cover this as I think I need to include a £1 PO or something.
Have I just missed the letter or can someone advise what I should write and include and explain the process a little more for me please?
The letter you need is in General Debt letters - Letter N. Send letter recorded delivery, don't sign it and send £1.po/cheque. They have 12 working days to provide it, if they don't provide it in that time you can stop making payments, then a further 30 days they have committed a criminal offence and you can report them to Trading Standards.
firstly have you been to the questions and answers page you start
(copy from gizmo)A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.
The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.
If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.
It is imperative that you continue to pay any debt under the terms of a CCJ.
Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.
If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a Full and final offer to clear the debt. from their and normally your first call will be You HAVE to write to MORGAN STANLEY with A Data Protection Act S.A.R - (Subject access request) letter along with your £10 cheque.
They then have 40 days to supply ALL information they have on you.
If they dont supply this then you can issue a claim for non compliance
Retroglide vs Morgan Stanley/Goldfish
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