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Hi All,This seems to be too good to be true. If I send Lloyds a CCA and they can't show me the original documentation I signed, the loan is in abeyance - is that right?Someone forged my husbands signature on a loan and Lloyds won't listen to him because they say he DID sign it, but they have 'lost' the paperwork...Surely, if they can't provide the original agreement, he doesn't have to pay? Any advice gladly received.HK99
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.
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.
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.
Regards.
Scott.
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Thanks Scott - the thing is we WANT them to produce the original documentation because then my husband can prove that he DIDN'T sign it - this is our whole problem.But, you're saying that if they refuse to send us the agreement, there's still nothing we can do about it? Other people have posted that the debt is unenforcable(sp?) if they don't produce the documentation ...I'm confused now...Gah!
Sorry to jump in here, are we saying that if the bank cannot provide a signed copy of the agreement then the debt is unenforceable? Do we mean the whole debt or just the interest on it?
Kitty
surely in your case if you take them to court for non-compliance of the cca request, and that prompts them to do an exhaustive search till they find it, this will benefit you as you will then be able to see the signature your husband didnt sign
I agree with Scott for the rest of us though - generally its risky to do it in case they find the cca and it is enforcible!
It seems like you are in a win win situation - no cca -unenforcible cca - prove its forged!
Hi Kitty
make sure you get a receipt from the bank when you take your letter in. If they dondet respond or fully comply within 12 working days you need to send a default letter. You should find one in the letter template section.
Newbie looking for clarification
a CCA and they can't show me the original documentation I signed, the loan is in abeyance - is that right?Someone forged my husbands signature
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Originally Posted by paulypaul
