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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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T&Cs


Glenn UK
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Dear Bank workers

 

Quick question, I opened an account in 1997.

 

Since im now pursuing charges I wondered if i could get a copy of the original T&Cs?

 

Is it likely somehting that would be available?

 

LOL i doubt they will give me a copy, and im not sure if it would physically from part of the 'data' that would be available under the Data Protection Act.

 

Any thoughts?

 

FWIW i do have a current copy of the T&C.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Glenn- apologies for not responding sooner but this weekend was a full moon and weird things were happening in the threads.

Back to the answer I would say that it is possible that terms and conditions and leaflets that the bank has produced maybe available in a banks archive. I am not sure if it is an archive department or building. Most banks have an archive relating to history of branches and the banks themselves. The T&C's per se are not covered by SAR in that they would be leaflets or brochures so not really evidence of manual intervention with charges, however I would think they would exist.

Hope that helps you answer the question

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Glenn- apologies for not responding sooner but this weekend was a full moon and weird things were happening in the threads.

Back to the answer I would say that it is possible that terms and conditions and leaflets that the bank has produced maybe available in a banks archive. I am not sure if it is an archive department or building. Most banks have an archive relating to history of branches and the banks themselves. The T&C's per se are not covered by S.A.R - (Subject Access Request) in that they would be leaflets or brochures so not really evidence of manual intervention with charges, however I would think they would exist.

Hope that helps you answer the question

 

Funny you should say that they wouldnt form part of the SAR, i realise it wouldnt if i asked for statements, it just occured to me reading your answer that the T&Cs form part of the contract I have with the bank i believe.

 

If i ask for the original contract then i should be able to force them to supply that too since it is a fundemental part of the original contract.

 

Mind you this is not any kind of legal thought, simply seems logical to me.

 

Since the accounts in question were both closed in may 05 then it seems to me that the most recent T&Cs are likley relevant to my account.

 

Anyway thanks for your thoughts if anyone else has anything they want to add id be obliged.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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  • 2 weeks later...

I've just been reading the Goldfish T&Cs.

 

"For letting you continue to use your card (if we do let you) despite your having broken these conditions, we will charge you

£12 if you do make at least your minimum payment by the payment date.

£12 each time you exceed your credit limit.

£12 each time a direct debit, cheque or other payment order you have given us is not accepted when we present it for payment.

We will also charge reasonable costs and expenses resulting from you breaking these conditions."

 

Is £8 a reasonable cost or expense for being one day late?

As you probably know they charge £20 without fail.

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OK think I can help with this one. Go surfing on this site for discussion about s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) which for the princely sum of £1 entitles you to request a "true copy" of the original agreement (ie the one you signed) including as I understand it copies of any documents mentioned therein. The act sets the timescale for them to do this, there are loads of threads on this subject. Enjoy!

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Glenn, I have just realised, thanks to your first posting, that I have Lloyds T&Cs for 1997. In another thread I wrongly noted the date as 1977. Thought their charges

for returned cheques were a bit expensive for 1977!

 

Interestingly they don't charge when a cheque is returned by another bank or

branch, even though they still have to write to the customer, including the cheque

in the letter when appropriate, and debiting the account. I am glad they don't charge mind-who says banks don't have a heart of gold.lol

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