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About to ask for original signed loan documents


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Hello my first post!

 

I have read through some posts in here with regards to asking for the signed loan agreements and possible making the agreement, shall we say, null and void.

 

found a template letter and have adapted it very slightly mainly to read 'I' instead of 'We' etc

 

The loan i believe was taken out in 2001 when i was helping out a very ex girlfriend. 7 months ago the creditors contacted me with regards to making payments towards it etc etc I have been doing that at the rate of £150pcm and now they want to increase the payments which i have done for the next 6 months then they gonna want more of an increase..........like money does grow on trees!!

 

anyway after having had a look on here i have decided to send this letter;

 

With reference to the above agreement, I would be grateful if you would send me a signed copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a signed copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

I am doin this in the hope that they no longer have the original signed agreement.

Is this letter correct for what i need to find out? what would i do after 12 days? or, do i have to wait 30 days to take further action?

What would be my next course of action if they could not provide me with the signed agreement?

Is it likley they still have the original signed agreement after all this time??

would really just like some advice relating to my particular thread! please advise

thanks

 

 

 

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Hi and welcome to cag :)

 

Its fine to amend template letters, infact the templates should be amended to suit each persons requirements :)

 

Who is the the original creditor?

 

After 12+2 days (this is to allow for delivery) if they havent produced a valid CCA then the debt becomes unenforcable.

 

Im not a debt expert so you might like to wait for someone more knowledgable to come along :)

 

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi there

 

If youre looking for certainty with this, then i would suggest using a SAR along side the CCA request

 

the reason i suggest this approach is that creditors can hide behind the copy documents regulations to get out of providing the signed agreement while technically still complying with the provisions of the 1974 Act

 

if you SAR them as well asking specifically for the copy of the original agreement then you will know what they have, you can also ask for copies of the data within the statements so you can see what charges have been added

 

its quite difficult to say if they will still have the original or a copy of it as in some cases we have had copies of Barclaycard agreements from 1985 turn up on the other hand there have been cases where as late as 2005 where the lender has destroyed the agreement

 

i hope this helps

 

Regards

 

Paul

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so after 14 days the debt is unenforceable............i could do with a postal strike!! lol

 

the creditor is RBS

 

wheres the more knowledgable people then ha ha, just want some advice on my case as apposed to everyone elses on here as they are all slightly different. is it worth me trying to mae the debt unenforceable?

 

am i right in thinking the debt will remain on my credit file but RBS couldnt make me pay it? for how long would it stay on my accont as an uneforeceable debt?

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The more knowledgeable have arrived in the guise of pt .. you are in very good hands now :)

 

 

 

saint

  • Haha 1

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

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Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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so after 14 days the debt is unenforceable............i could do with a postal strike!! lol For a CCA request its 12 Working days that the creditor has to comply, then the debt is in default, which means the creditor cannot enforce the agreement until they supply a copy of it to you (basically)

 

the creditor is RBS Oooo thats good , they were pretty woeful at document retention

 

wheres the more knowledgable people then ha ha, just want some advice on my case as apposed to everyone elses on here as they are all slightly different. is it worth me trying to mae the debt unenforceable? Thats your choice and only a decision that you can make, however if you dont ask you never know do you

 

am i right in thinking the debt will remain on my credit file but RBS couldnt make me pay it? for how long would it stay on my accont as an uneforeceable debt?

Wiuth regards to your credit file, it is possible to remove any adverse data from your file, however , there are many routes you can take to do this

 

its best to take one step at a time

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thank you mr/mrs pt person, ill sort out the SAR thing too, best to send it at the same time is it (same envelope)? i would sooooooo love to not have to pay 175 pcm to them

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thank you mr/mrs pt person, ill sort out the S.A.R - (Subject Access Request) thing too, best to send it at the same time is it (same envelope)? i would sooooooo love to not have to pay 175 pcm to them

i would send them seperatley

 

can i ask what the problem is here? as the creditors causing you problems or acting unreasonably or are you just looking to cease paying them ?

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well they want an increase ev 6 months or r threatening court action etc etc so i thought stuff it the debt is over 6 yers old and tbh im not even sure wat it was for but was from a time i was helpin an ex gf. if i can get away with not payin them then that would suit me!!

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