No CCA, advise please

[sar011279]

I have just had a letter from Metropolitan re a HSBC loan that I requested a CCA for. The letter reads;

I confirm that it has not been possible to locate this agreement. However there is more than sufficient evidence of your entry into and agreement with the bank and the variations to the terms and conditions of that agreement over the years.

.....................................

Although there is a debt owed by you there is no longer a live agreemebt in place under which the bank can be seen as a creditor and therefore sections 77 and 78 of the Consumer credit Act 1974 does not apply.............. please contact our office with your repayment proposals.

 

They have sent a copy of a reduced payment offer that I sent to them over a year ago, this was at a time when we had debts coming out of our ears and I was just trying to stop them from harrasing me. I know that I owe the bank money but really am not sure on the amount and terms etc. Can they demand that I pay them what they want?, the amount that I have on record and had sent them with the reduced payment letter is about 6k different they want 12k.

[Belaflat]

They can demand whatever they wish.

 

What they cannot do is enforce it in a court without a valid credit agreement to prove the debt is yours.

 

Morally you may wish to settle it.

Legally, you can tell them to take a running jump.

In the absence of an agreement, if your conscience dictates, offer them a derisory amount in full and final whilst pointing out they are unable to enforce and therefore collect.

[pt2537]

Hi there, it would seem they are up S**te Creek with out a paddle,

 

can i just ask one thing which i would like to clarify, what was this in relation to? was it a credit card? loan etc? DISREGARD PLEASE

 

in the event they cannot supply a credit agreement and they have put this in writing, should they then harass you for payment they commit an offence under the Administration of Justice Act 1970 and are in breach of the OFT debt collection guidelines

 

 

 

regards

paul

[tooth_fairy]

My husband is in an almost identicak situation to yours with an HSBC Loan and then Metropolitan and now CL finance, this was their response also to him, so I am watching this thread carefully.

[pt2537]

ooppps sorry please disregard my post above,

 

i havent had my morning coffee yet DOH!!!

 

ive just reread your post and see its a loan

 

regards

paul

[sar011279]

Ok so I've just had a final demand letter from MCS. I called consumer Direct who have suggested that I send the CCA letter to HSBC rather than MCS but were unable to offer me any further help?!

[Timsta]

You don't need to send the CCA to HSBC. MCS have an obligation to send it on to their client.

 

They have still committed an offence, especially as they are trying to enforce without an agreement and while in default. I would contact TS and also MCS, but I'm sure that someone will be able to help you more than I.

[sar011279]

Just a quick update to say that MCS have sent a letter to me saying that in absense of CCA they are closing their file on me and passing back to HSBC..... watch this space!