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Is this new? CCA related


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As part of my preparation for a debt management plan I took advice on here to request copies of the agreements just on the off chance.

 

HSBC sent one which looks to be all in otder, no reply from one other but Halifax were the first to respond. I just requested a copy and enclosed the fee. That is all

 

They have replied with a letter saying they have enclosed a reconstituted agreement. Is this code for we don't have the agreement? There is a strong possibility I opened the account online, what does this mean in terms of a CCA request?

 

The letter also goes onto say they have satisfied the requeset and the agreement is enforcible and they will continue to act as such. They also have a warning about these dodgy firms who claim they can write debts off.

 

The letter is really quite confrontational, why does it have all this still in?

 

I could mock up any agreement I liked and say it is a reconstituted agreement. It does not really prove anything.

 

I would post an exact quote but someone has been tidying the computer room and it has mysteriously disappeared...

 

Will post it when/if I find it.

 

Oh it also states no further correspondance will be entered into with regard to the agreement. Surely as a customer if I complain they HAVE TO respond...

 

Is it just Halifax that send these sort of letters? Is it new? And what does it mean?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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see today release about cca issues from the oft

 

it has sev threads or is on the bbc news website

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've found the copy now and this is the bit I thought may be new

 

"The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documants) Regulations 1983 (the "Regulations"). Regulation 3 (2) b provides that a copy can omit any signiture box, signature of date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable."

 

Now I'm not very well up on these issues but this sounds to me very much like they are trying to pull a fast one. If HSBC were able to produce an agreement with my signature why are Halifax making such a fuss?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm still none the wiser having read all that. Just to be clear in this case I probably did the application online, in which case there would not be a signed agreement.

 

The letter makes reference to my client but I am not a company. Perhaps this is a response to a deluge of activity from those dubious claims management companies...

 

To me reconstituted means recreating something that already existed, but WHY don't they have the original?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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