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

reg. office:
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  1. #1
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    allways a fighter Novitiate

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    Default Monument deny a signed caa is law

    Hello folks.

    I have asked Monument for a copy of a signed caa.

    They have responded telling me that section 78 of the CCA 74 does not require them to send me a copy of the the agreement showing my signatureicon.

    " Section 78 requires us to provide you with a copy of your agreement which looks like the one you signed but which has been updated to contain the terms and conditionsicon which currently apply to your agreement ( rather than those which applied st the time you signed the agreement). Importantly, the copy is not required to include your name or signature."

    I have a very different response from RBSicon who admit that their agreement is is unenforceable.

    Can somebody with experience please point me to a template letter to respond to Monument.

    Thank you in advance.

    Regards
    All ways a fighter


  2. #2
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    Default Re: Monument deny a signed caa is law

    Its true they don't have to send you a copy of the signed original agreement, and what they have sent you conforms to the CCA regulations. However, if you were to come to court, they MUST present the original . This is typical behaviour but you need not be concerned. The next action is to issue them with a Subject access requesticon, specifically requesting they supply you with a copy of the original agreement.

    The RBSicon admission is gold! I wish my creditors sent me letters like that!

    Have a look at the template section..there are many good example letters for each step you take.

    The Consumer Forums - Bank charges templates (consumer)

    1MansQuest


  3. #3
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    Default Re: Monument deny a signed caa is law

    Quote Originally Posted by allways a fighter View Post
    Hello folks.

    I have asked Monument for a copy of a signed caa.

    They have responded telling me that section 78 of the CCA 74 does not require them to send me a copy of the the agreement showing my signatureicon.

    " Section 78 requires us to provide you with a copy of your agreement which looks like the one you signed but which has been updated to contain the terms and conditionsicon which currently apply to your agreement ( rather than those which applied st the time you signed the agreement). Importantly, the copy is not required to include your name or signature."

    I have a very different response from RBSicon who admit that their agreement is is unenforceable.

    Can somebody with experience please point me to a template letter to respond to Monument.

    Thank you in advance.

    Regards
    All ways a fighter
    Now this is where monument hope you go away quietly - instead send a special access request to whoever the original owner of the debt was - this means they have to provide you with a true copy - bascially a photocopy of the one you signed no alterations.

    I am a layperson and have no legal training but I do have an iota of common sense (sometimes)

    Welcome Finance PPI -----> over £3k court case filed SETTLED

    Park Motor Finance -----> incorrectly logged default on credit file claim for compensation

    Lloyds Tsb ----> plenty of things all filed with Financial Ombudsman or Small Claims ----> settled by paying me full amount sought 02/05/09

    Easy Jet ----> damaged pushchair offered £232.50 pursued claim awarded £465

    Black Horse ----> Outstanding balance of £574.00 made up of charges and interest ----> account closed after accepting F&F settlement of £100.





    <--------- If I have helped please tip my scales (bet thats the only time you'll hear a woman say that )

  4. #4
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    Default Re: Monument deny a signed caa is law

    Thank you for your comments friends.

    Could you point me to the perfect response asking for a "Subject access requesticon, specifically requesting that a company supply me with a copy of the original agreement."

    Thanks again.

    Regards
    JD


  5. #5
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    Default Re: Monument deny a signed caa is law

    Quote Originally Posted by andie_303 View Post
    Now this is where monument hope you go away quietly - instead send a special access request to whoever the original owner of the debt was - this means they have to provide you with a true copy - bascially a photocopy of the one you signed no alterations.
    Hi again,

    Have you done this yourself and if so what did you send and what was the outcome/nextstage ?

    Thanks in advance.

    All ways a fighter


  6. #6
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    Default Re: Monument deny a signed caa is law

    Hi AAF,

    Check here for some replies which are appropriate when they've failed to supply your Credit Agreement in response to your CCA request - http://www.consumeractiongroup.co.uk...RD-no-cca.html

    Is it BC who have replied to you. Be aware that BC will not send out the Credit Agreement after a CCA request, only T&C's.

    A SARicon will also not get the Credit Agree't. However, you can then complain to the Info Commissioners Office re their non-compliance. But this is also a good move if you need your statements to reclaim all penalty charges on the a/c.

    Also, have a read of Link No2 in my signatureicon below about using the CPR route. This is still in it's early days and I'm not aware of BC complying.....yet.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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