Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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 a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Bank lost my credit agreement but......

    Hi.. First time i've look for advice of this sort in my life, normally just roll with it all.

    I contacted my bank about a year ago asking them how long i had taken a loan out for. In short they rang me saying that according to the payments they have been taking it was a 7 year loan.

    They also said that they couldn't find the original agreement, i'm now nearly at the end of the loan and stumbled across the mis-selling of insurance cases which i was going to persue as this was true for me too.

    My question is; do i persue the lack of credit agreement or do i just try and recover the mis-soldicon insurance.

    Sorry if i've missed anything out.

    Thanks
    Barry

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  2. #2
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    Default Re: Bank lost my credit agreement but......

    Hi.. First time i've look for advice of this sort in my life, normally just roll with it all.

    I contacted my bank about a year ago asking them how long i had taken a loan out for. In short they rang me saying that according to the payments they have been taking it was a 7 year loan.

    They also said that they couldn't find the original agreement, i'm now nearly at the end of the loan and stumbled across the mis-selling of insurance cases which i was going to persue as this was true for me too.

    My question is; do i persue the lack of credit agreement or do i just try and recover the mis-soldicon insurance.

    Sorry if i've missed anything out.

    Thanks
    Barry




    HEHE you can have fun with this one, click the link below and send a CCA request with a £1 postal order and send by recorded delivery, they have 12 +2 for post to supply the agreement, after this you can LEGALLY stop paying them, after a further 30 days it becomes unenforceable under s127 (3) of the CCA

    If my advice has been helpful please feel free to click on my scales :grin:

    Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

    Debt Collection Agencies & Statutory Demands, a few strategies

    Abbey charges, Won
    B-card non-disclosure of S.A.R, WON £30 costs awarded
    B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk...ml#post1422508
    B-Card charges, partial refund, still fighting
    Vanquis-Cabot, GIVEN UP
    HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk...ml#post1404514

    PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

  3. #3
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    Default Re: Bank lost my credit agreement but......

    Careful. Would they not then default the debt if payments were stopped, screwing the credit history for 6 yearsicon? We know they do this whether it is legal/right or not! The only way to correct it would then be court action.

    Newborn


  4. #4
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    Default Re: Bank lost my credit agreement but......

    Quote Originally Posted by Newborn View Post
    Careful. Would they not then default the debt if payments were stopped, screwing the credit history for 6 yearsicon? We know they do this whether it is legal/right or not! The only way to correct it would then be court action.

    Newborn
    you are correct BUT, without a proper CCA they have NO legal right to even access your credit files in the first place, if you got letter saying they dont have a CCA you send copy to CRA's. if you don't you take em to court and force removal and claim compensation and damages

    If my advice has been helpful please feel free to click on my scales :grin:

    Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

    Debt Collection Agencies & Statutory Demands, a few strategies

    Abbey charges, Won
    B-card non-disclosure of S.A.R, WON £30 costs awarded
    B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk...ml#post1422508
    B-Card charges, partial refund, still fighting
    Vanquis-Cabot, GIVEN UP
    HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk...ml#post1404514

    PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

  5. #5
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    Default Re: Bank lost my credit agreement but......

    Quote Originally Posted by phoenix99999 View Post
    Hi.. First time i've look for advice of this sort in my life, normally just roll with it all.

    I contacted my bank about a year ago asking them how long i had taken a loan out for. In short they rang me saying that according to the payments they have been taking it was a 7 year loan.

    They also said that they couldn't find the original agreement, i'm now nearly at the end of the loan and stumbled across the mis-selling of insurance cases which i was going to persue as this was true for me too.

    My question is; do i persue the lack of credit agreement or do i just try and recover the mis-sold insurance.

    Sorry if i've missed anything out.

    Thanks
    Barry
    I assume you mean PPIicon ? if so which bank, if HFC your laughing

    If my advice has been helpful please feel free to click on my scales :grin:

    Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

    Debt Collection Agencies & Statutory Demands, a few strategies

    Abbey charges, Won
    B-card non-disclosure of S.A.R, WON £30 costs awarded
    B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk...ml#post1422508
    B-Card charges, partial refund, still fighting
    Vanquis-Cabot, GIVEN UP
    HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk...ml#post1404514

    PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

  6. #6
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    Default Re: Bank lost my credit agreement but......

    Arrrrhhhgggg.. CCA CRA PPIicon? :o

    I am really new to this. I feel a bit stupid to think of these options so close to the 7 year term i may not have been sold. I literaly have 1 payment to go before the end of this 7 year nightmare.

    The question is, do i stop paying them? I only have 1 payment to go! Do i get payments back if they cant prove i took a loan out with them? Or will it be better to persue the insurance that i thought i had to take?

    And, is this in the wrong section?
    The Bank is Barclaysicon BTW
    Cheers
    B


  7. #7
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    ReasonableRon Novitiate ReasonableRon Novitiate

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    Default Re: Bank lost my credit agreement but......

    Assuming you have an otherwise good credit record and also a reasonable relationship with your bank, with just one payment left I would do yourself a favour and pay it.

    Whilst some may consider it 'fun' not to pay, in your circumstances you really need to think of the long term picture and how much you really stand to gain from this.

    It's tough enough to be granted credit nowadays without having to suffer the potential consequences of a pointless game of cat and mouse with your bank. Even without a credit agreement, a court may well ask why you acknowledged the existence of the loan for 71 out of 72 months!!!


  8. #8
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    Default Re: Bank lost my credit agreement but......

    What i thought although i read that they have no right to even ask me about the exsistance of a loan that there is no paperwork for, but what about the PPIicon? (I'm learning the ABVs)
    Should i try and get that back as i was missold that?

    Cheers
    B


  9. #9
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    Default Re: Bank lost my credit agreement but......

    I would get a copy of their complaints procedure and start by complaining saying your were mis-sold the PPIicon. Then escalate it following the procedure.

    Newborn


  10. #10
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    Default Re: Bank lost my credit agreement but......

    Ok thank you very much. I'll see how i get on and drop back with info.

    Regards
    Barry


  11. #11
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    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

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    Default Re: Bank lost my credit agreement but......

    I have to agree with reasonable Ron, can you calculate how much in PPIicon you have paid? could add up to quite a bit, and this wont ruin your credit rating, there really is no point going down the CCA route if you are a payment away from completing, but I would calculate ASAP how much you have paid in PPI and claim it back, I will ask that this is moved to the PPI section where people with the relevant experience can help

    Lula


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  12. #12
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    Default Re: Bank lost my credit agreement but......

    Thread moved.

    Els

    [B][SIZE=3]BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN [COLOR=#000000][URL="http://epetitions.direct.gov.uk/petitions/6571"]THIS[/URL] PETITION[/COLOR][/SIZE][/B]

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    [FONT=Franklin Gothic Medium][B]Capital One [/B][COLOR=red][B]£741.47 [COLOR=lime]SETTLED IN FULL [/COLOR][/B][/COLOR][/FONT]
    [LEFT][FONT=Franklin Gothic Medium][B]Citi Cards [COLOR=red]£1221.00[/COLOR][COLOR=lime] SETTLED IN FULL[/COLOR][/B][/FONT][/LEFT]
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    [FONT=Garamond][SIZE=1]What poor education I have received has been gained in the University of Life[/SIZE][/FONT]

  13. #13
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    Default Re: Bank lost my credit agreement but......

    Quote Originally Posted by Lula View Post
    I have to agree with reasonable Ron, can you calculate how much in PPIicon you have paid? could add up to quite a bit, and this wont ruin your credit rating, there really is no point going down the CCA route if you are a payment away from completing, but I would calculate ASAP how much you have paid in PPI and claim it back, I will ask that this is moved to the PPI section where people with the relevant experience can help
    The CCA will have details about the PPI on it, it much easier to pay a squid that sit down and spend few hours trying to work it out,

    I do agree (soz misread) that if only 1 payment left then I would pay it.

    If my advice has been helpful please feel free to click on my scales :grin:

    Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

    Debt Collection Agencies & Statutory Demands, a few strategies

    Abbey charges, Won
    B-card non-disclosure of S.A.R, WON £30 costs awarded
    B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk...ml#post1422508
    B-Card charges, partial refund, still fighting
    Vanquis-Cabot, GIVEN UP
    HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk...ml#post1404514

    PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

  14. #14
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    Default Re: Bank lost my credit agreement but......

    I only had a few days to get a letter to them being as it was a seven year loan. I sent templated letter on the 3rd so i'll see what happens if anything. Thank you all i keep you posted.

    Cheers
    Barry


  15. #15
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    hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury's Avatar

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    Default Re: Bank lost my credit agreement but......

    Quote Originally Posted by phoenix99999 View Post
    I only had a few days to get a letter to them being as it was a seven year loan. I sent templated letter on the 3rd so i'll see what happens if anything. Thank you all i keep you posted.

    Cheers
    Barry
    Hello Barry,

    Glad to see you have set the ball a-rolling, so to speak.

    Have you given them 14days to respond, and then you will send them the lbaicon:grin:

    It will be most interesting to see what they come up with.

    Keep us posted and if you need help just ask

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  16. #16
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    Default Re: Bank lost my credit agreement but......

    Hi again.. It's been more than 14 days now and all i have had is a letter from the complaints department saying they will get back to me by the 30th. (Today)
    Cheers B
    Off to look up lbaicon


  17. #17
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    Default Re: Bank lost my credit agreement but......

    Out of interesticon what bank is it with?

    If its been more than 14 days then send off your letter before actionicon as in my experience the banks are just delaying on PPIicon!


  18. #18
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    phoenix99999 Novitiate

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    Default Re: Bank lost my credit agreement but......

    Might sound daft but is there any point if it's been nearly seven years? Is there anyone that has managed to sucessfully claim back their PPIicon fter the contracted 6 year period? I don't want to do this just to see what the out come is!
    The bank is Barclaysicon still
    Cheers
    B


  19. #19
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    phoenix99999 Novitiate

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    Default Re: Bank lost my credit agreement but......

    And late today i've recieved another letter for Barclaysicon basically saying, we are looking into this problem, give us some time and the 30 of may was the daedline. Is that to take the mickey?


  20. #20
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    Default Re: Bank lost my credit agreement but......

    I don't know the answer to your 6 question I'm affraid and they all seem to delay as long as possible. MBNAicon did the same to me!



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