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.
I made a CCA request to Barclays on 17th March. They have responded with a letter (no CCA, though they do say that this is coming separately)in whcih they say that as my account was opened before19th May 1985 they only have to send a "copy of your current executed agreement".
Is this right? Or the usual windups? If the former, how should I respond as they surely wont have any problem coming up with an unsigned copy of current details?
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.
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.
Pt has come up with the following which I hope will be of use:-
9 Copies of old agreements and security instruments where the agreement or security instrument has been lost etc
Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided
before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may
comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they
are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or
owner does not have in his possession the executed agreement or security instrument or any copy thereof.
Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983 (SI 1983/1557)
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.
From my own interpretation of Pt's information posted above, my next move would be to write further to BC:-
Dear sir or madam,
Account No xxxx
I refer to your letter dated xxx and must ask why have you failed to send a copy of the original signed credit agreement.
I understand from the CCA 1983 Regulations that you should still provide me with a copy of the original signed agreement. If you cannot do this, I require to know for what reason you are unable to provide this document.
Please let me have your urgent response, as I do not believe you have fulfilled your obligation to reply properly to my original request.
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.
CCA Request to Barclays
on 17th March. They have responded with a letter (no CCA, though they do say that this is coming separately)in whcih they say that as my account was opened before19th May 1985 they only have to send a "copy of your current executed agreement".
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