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:
923 Finchley Road
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  1. #1
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    Default Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi everyone,

    We have just discovered some paperwork for two old loans we had with Lloydsicon TSB which were both settled in full in 2003 and 2004.

    Both of these loans had front-loaded single premium PPIicon and on settlement, according to the statements I have, we received a refund of around 70% of the premium.

    We are currently underway with claims for mis-sold PPI on two current loans we have with Lloyds and believe the PPI on these previous loans was also mis-sold.

    What I am struggling with is how I work out how much PPI we should be asking for back, having already received a partial refund when the loans were repaid.

    Both loans were repaid early, after only 8 and 5 months respectively.

    The second loan was used to pay off the first. On the second, larger, loan we also had to pay an early settlement fee of £185 which is mentioned in the T&Cs.

    I have put the figures for each loan into the single premium PPI spreadsheets and have figures for both statutory and contractual interesticon.

    The only way I have been able to work it out is by taking the amount we were refunded away from the figure the spreadsheet has come up with, but I'm sure it must be more complex than that.

    Can anyone help me with this please? I would like to get the letter off to the bank today if possible

    Thanks in advance,

    Landy x


  2. #2
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hello Landy,

    Not too clever at spreadsheets. I had multiple refinancing loans. Because of rebates each time on the loan and PPIicon, my claims produced refunds of all of the monthly PPI premiums I had paid on each loan up to refinancing plus the interesticon on them and I got 8% Statutory on top from the dates the loan started to the date I accepted the offer.

    Eg loan 1 xx Months X £xx = £xx plus 8%
    loans 2, 3 etc the fosicon dealt with my complaints and said these were the figures they would have insisted on. Have a look at my thread for the full picture.

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  3. #3
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi Alan,

    Thanks for your response - I have just spent the last few hours reading your very long and very informative thread and will (if you don't mind) pinch a few choice phrases which you used in your letters to reclaim your PPIicon! Very well done to you for your win against RBSicon!

    As a result of all that reading I won't be getting the letter off today as planned, but hopefully it will be worded better now and therefore prove more successful.

    Still not sure about the amounts we should be requesting but will have another play around with the figures - can't believe I was once in the top set for maths as I now seem to be c**p

    If anyone else can offer any advice it would be most appreciated!

    Regards,

    Landy X


  4. #4
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi Alan,

    Thanks for your response - I have just spent the last few hours reading your very long and very informative thread and will (if you don't mind) pinch a few choice phrases which you used in your letters to reclaim your PPIicon! Very well done to you for your win against RBSicon!

    As a result of all that reading I won't be getting the letter off today as planned, but hopefully it will be worded better now and therefore prove more successful.

    Still not sure about the amounts we should be requesting but will have another play around with the figures - can't believe I was once in the top set for maths as I now seem to be c**p

    If anyone else can offer any advice it would be most appreciated!

    Regards,

    Landy X
    Please feel free to copy useful info for yourself from my thread.

    A few spreadsheets here for you to look at.

    interest calculation spreadsheets

    hope these help

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  5. #5
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Many thanks again

    Landy x


  6. #6
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Just updating this thread for further advice please

    What's happened so far -

    1) Have contacted Lloydsicon TSB regarding mis-sold PPI on two outstanding loans - currently awaiting final response from Lloyds - if necessary will then go to fosicon.

    2) Have also contacted Lloyds re: 2 older settled loans with mis-sold PPI applied. On these a partial refund was received on settlement. Have heard nothing in response, but early days yet.

    3) Have received SARs back from Lloyds and have discovered several old settled loans (from up to 20 years ago). Now I know these are outside of the 6 year time frame - the most recent was repaid 7 years ago, but have read on the forum that it can be argued that it's possible to reclaim even from that long ago (well maybe not the 20 years!). We don't have all the paperwork though - in some cases only the account numbers and loan/PPI amounts, not interesticon rate. Is this dead in the water or is it possible, as I read, for the bank to reconstruct an agreement from the bare bones? Not that I can imagine they'd be too keen to do this, lol!

    If anyone has any idea about this last point I would be interested to hear their views.

    Many thanks as always.

    Regards,

    Landy x


  7. #7
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Re: Lloydsicon settled loan PPIicon reclaim - advice please!
    Just updating this thread for further advice please

    What's happened so far -

    1) Have contacted Lloyds TSB regarding mis-sold PPI on two outstanding loans - currently awaiting final response from Lloyds - if necessary will then go to fosicon.

    2) Have also contacted Lloyds re: 2 older settled loans with mis-sold PPI applied. On these a partial refunded was received on settlement. Have heard nothing in response, but early days yet.

    3) Have received SARs back from Lloyds and have discovered several old settled loans (from up to 20 years ago). Now I know these are outside of the 6 year time frame - the most recent was repaid 7 years ago, but have read on the forum that it can be argued that it's possible to reclaim even from that long ago (well maybe not the 20 years!). We don't have all the paperwork though - in some cases only the account numbers and loan/PPI amounts, not interesticon rate. Is this dead in the water or is it possible, as I read, for the bank to reconstruct an agreement from the bare bones? Not that I can imagine they'd be too keen to do this, lol!

    If anyone has any idea about this last point I would be interested to hear their views.

    Many thanks as always.

    Regards,

    Landy x
    They will not be too keen as you rightly point out.

    However, if the loans were refinancing loans one after another after another as mine were then the the FOS will certainly be of a mind to look at the complaint before the six year point. In my own case I have recovered PPI through the FOS going back to 1997 so thats 12 years worth.
    As for the six year cut off, the advice on CAG is do not accept the six years as a lot of folks including me have received paperwork a long time before that and if the bank have the paperwork (data) and you request it they are under the Statute of the Data Protection Act 1998. That means they must supply you with that information they cannot just say sorry you cannot have anything older than 6 yearsicon old. If they do you could ask to visit the bank to check all the files held against you as a data subject. That may make them sit up.

    I would also suggest that the account numbers and loan/PPI amounts would be enough to get the FOS to look at them time to copy everything you have at least two copies of each. Include 1 copy of every scrap of paperwork you have to the FOS with the complaint.

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  8. #8
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Found this little beauty under the limitation acticon 1980.

    32.--
    • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
      • (a) the action is based upon the fraud of the defendant; or
      • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
      • (c) the action is for relief from the consequences of a mistake;
    • the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....
    • (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).
    So it basically says time limitation does not start until the mistake has been found.

    So if you have only just found the error which i think due to the publicity we all have the limitation does not start until we have found it.

    Limitation act 1980 below

    Limitation Act 1980 (-), swarb.co.uk

    Regards

    PF


  9. #9
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi aa and PF,

    Thank you both for the info and good advice as always - I need to do a bit more digging in the good old SARicon stuff and check that there's nothing else there relating to these old loans.

    At the moment I'm not sure if they were refinancing loans like yours aa - need to double check dates etc - it's interesting to know that yours went back 12 years. (We have now amended our bank charges reclaim to include charges from 1999 which is when our statements go back to - there's not many from then, but every little helps!).

    PF - how far back do your Co-op loans go and do you have all the agreements/paperwork for them? Did you receive that email re:MBNAicon card-carriers I sent you a while back by the way?

    Thanks again,

    Landy x


  10. #10
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    My Co-op claim goes back to 07/1999 and as alan says mine are refinanced into another so i should be ok.

    Yes i do have every agreement for the Co-op.

    Thank You Landy for the card carriers yes i did get them ok

    Regards

    PF


  11. #11
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Quote Originally Posted by pompeyfaith View Post
    My Co-op claim goes back to 07/1999 and as alan says mine are refinanced into another so i should be ok.

    Yes i do have every agreement for the Co-op.

    Thank You Landy for the card carriers yes i did get them ok

    Regards

    PF
    You're very welcome PF

    Let me know if there's anything else I can do - it's the least I can do after you've helped me so much!

    Regards,

    Landy x


  12. #12
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi everyone!

    Over the weekend while having a delve through some old paperwork in the loft OH came across the agreements for another two of our old settled Lloydsicon loans

    I haven't had a proper chance to study them yet, but they definitely both had PPIicon. At least I now have the APR and can work out the figures properly!

    There were also some documents relating to a Direct Line loan which also had PPI, so I'm going to be a busy bunny over the next few days trying to put the pieces together.....

    Regards,

    Landy x


  13. #13
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi everyone!

    Over the weekend while having a delve through some old paperwork in the loft OH came across the agreements for another two of our old settled Lloydsicon loans:grin:

    I haven't had a proper chance to study them yet, but they definitely both had PPIicon. At least I now have the APR and can work out the figures properly!

    There were also some documents relating to a Direct Line loan which also had PPI, so I'm going to be a busy bunny over the next few days trying to put the pieces together.....

    Regards,

    Landy x
    If the Direct Line is in fact Direct Line Financial Services (DLFS) you will need to direct your claim to RBSicon. There is information on this on my thread which is linked at the bottom of my post.

    Also see this to quote to RBS if you get any fob offs.

    DirectLine

    Hope this helps

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  14. #14
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi aa,

    It is indeed Direct Line Financial Services - it's another pretty old one I think, although I can't find a date on the actual agreement. I guess I'm just going to have to go back through the mountains of bank statements and look for the repayments to see when it started/ended

    Will have a read of the link you gave and another scan through your thread.

    Thanks again,

    Landy x


  15. #15
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi aa,

    It is indeed Direct Line Financial Services (The PPIicon claim then should go to RBSicon as per previous posts)- it's another pretty old one I think, although I can't find a date on the actual agreement. I guess I'm just going to have to go back through the mountains of bank statements and look for the repayments to see when it started/ended

    Will have a read of the link you gave and another scan through your thread.

    Thanks again,

    Landy x
    Landy I have posted in red our comments and blue my comments hope this assists

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  16. #16
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Thank you aa

    This has now been added of my list of items 'to do' over the next few days - along with PPIicon on a settled Sainsbury's loan OH paid off a couple of years ago, charges on an old Sainsbury's card and PPI/charges on an old M&S card......the list keeps on growing and the amount we are reclaiming in total is now a staggering £55,000+, lol!

    Regards,

    Landy x


  17. #17
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Good luck landy and please look through my thread link here....

    http://www.consumeractiongroup.co.uk...laim-long.html

    you will find a lot of letters that you may wish to copy and paste and use to your advantage if you so wish.

    I had a year long battle but got a result through the fosicon in the end

    I hope this is of use

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  18. #18
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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Quote Originally Posted by alanalana View Post
    I hope this is of use

    aa
    I'm sure it will be aa! Thanks again

    I just can't believe that all this time we were owed over £55,000 in charges and mis-sold PPIicon and until I discovered CAG we had just been burying our heads in the sand. I've already had one success with charges from MBNAicon which is amazing and has boosted my confidence enormously!

    I'm sure there's no way we'll get it all back and we do still have outstanding balances we need to pay off, but if we just get some of it back, it will have all been so worthwhile after the terrible time OH went through in 2007.

    Regards,

    Landy x


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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Hi everyone,

    Just updating this thread - would you believe it - Lloydsicon have sent back paperwork we sent relating to PPIicon on old loans saying they don't recognise the account numbers............which we got from the statements etc they sent in our SARs

    I'm just about reaching the end of my tether with Lloyds and think it's time to step things up a bit!

    Regards,

    Landy x


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    Default re: Lloyds settled loan PPI reclaim - advice please! ***WON***

    Just to add -

    we have the CCAs for both the old loans in question - these were found in our loft recently. However, neither of the CCAs have loan agreement/loan account numbers on them anywhere with which to identify them, but the paperwork we received back in our SARs included old loan statements relating to several settled loans and by a process of elimination I worked out which statements related to which CCA.

    The only discrepancy I can see is that on some of the paperwork the loan accounts have a '0' at the start and in some they do not. I put the '0' in the letter I sent, so maybe should have left it out. In fact in the letter Lloydsicon sent accompanying OH's SARicon, they refer to these loan accounts with a '0' at the start of the number. So this does seem rather like another of Lloyds famous delaying tactics to me!

    As an aside, having just had another look at the copies I have of the two CCAs for these loans (these are the original copies given to OH when he took out the loans some years back), there is no signatureicon box for either debtor or creditor and therefore no signatures appear on the agreements - is this correct?

    Regards,

    Landy x



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