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    • What I would love to know is whether anyone has gone the small claims route for infringement (failing to supply all the data)...I'm going to start a fresh thread asking this now.... By the way, my former employer asked for a £900 fee to find all emails with my name included in them. I have had a rather tumultuous 11 months since then but am now back on this so will report them to the ICO tomorrow. 
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San Martino

Alliance & Leicester Loan Agreement

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2106 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Hello,

 

I recently recieved my A & L cca request, its looks enforceable to me, Boo!

However, I have a question regarding the ' cooling off period ' of 14 days

that is not mentioned in the agreement or T&C's. I cant see it!

 

Is there any possibility that it could be unenforceable because of this ommission?

 

What are your thoughts,

 

Thank You

 

ps agreement to follow

Edited by San Martino
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I got your PM but I am not 100% sure with this. I think the cooling off period depends on the way the loan was obtained (i.e you went to the branch, cold calling etc). Someone else should be along to help you soon though.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I am wondering if the sentence

 

"This offer is available for 28 days from the date of the Alliance & Leicester signature "

 

could be construed as such ?

 

I will pop your link on to a couple of other threads that are more frequently visited by "those that know about these things" and they might be able to advise you more fully.

 

:)


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I agree with what has been said above......was this an online loan ? or in branch ? I would have thought that it would include cancellation rights but it wouldn't IMO be enough to make it unenforceable......was the default notice compliant ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Hello SM!

 

Thanks for the PM.

 

I regret that Loans are not something I'm that up to speed on.

 

The above comments from the others are all valid and are good points to explore.

 

I can see they Signed the Agreement before you, so this Thread may be of some interest:

 

http://www.consumeractiongroup.co.uk/forum/general/144099-does-matter-when-creditor.html#post1514689

 

Key issues seem to be:

 

(1) Did they discuss the Loan with you before signing, i.e. within one of their Branches, or did they send out a Rep etc.

 

(2) Have they issued a Default Notice yet?

 

Cheers,

BRW

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Thank you all for your comments, it is much appreciated.

 

I initiated this application over the phone, at no point did i visit a branch

and i signed the agreement at home then posted it back to A & L.

 

I have sent a subject access request recently in order to see whether or not a 'cooling off period' was offered to me after i signed their agreement.

 

"This offer is available for 28 days from the date of the Alliance & Leicester signature " could be construed as such ?

CitizenB - This is a good point you make, however I believe that as consumers we should see a clear and defined cancellation option.

 

Banker Rhymes, clemma - I only dicussed the loan over the phone and I was issued a default notice in March 2008, also I have been paying a agreed reduced monthly amount with A & L.

 

42man - I will check the SAR to see if the default notice was compliant.

 

In general I realize the agreement looks enforceable, however there does seem to be a question as to whether it is a cancellable agreement as defined in CCA 1974, and if so, should it not be made clear as to our right to cancel within the agreement and or the terms and conditions.

 

I may be clutching at straws here, so your advice is taken on board.

 

All the best to you all.

 

San Martino

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Hi

I am still waiting for my SAR.

Was wondering if any one had any further thoughts on this.

Thanks

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Hi, just picked this one up. We had an A&L loan with the same paperwork as above. Also questioned themn about the no right to cancel box and after 6 weeks of 'investigating our concerns' came back with a load of gumpf about Distance Marketing Regulations stating they did not need to provide cancellation rights.

 

Nonsense I thought. This loan was dealt with via post and at no time were any face to face discussions had, no branch visits etc. Went back to them over a year ago now stating we weren't happy with their response and ended up with two seperate letters from an A&L representative stating that she 'would not be entering into any further communication about this matter as it is inappropriate'.

 

Quite how discussing a legitimate query with a customer is 'inappropriate' I have no idea. We stopped paying making it clear we'd recommence once happy and we've heard nothing from them for around 13 months now. Interestingly I don't think they've even bothered to send a statement of account through either.

 

We also questionned the APR calculations asking them to provide a working out of how they had calculated the various rates. I'd been reading up on the great APR [problem] and was interested to read that many finance organisations and banks had used this in the past to generate extra sums. A&L had a great deal of difficulty providing these, asked why we wanted them etc before finally sending a letter with a series of equations and formulae on that made little sense to me.

 

When we'd asked for a detailed setting out of the calculations relating to our specific finance agreement it was entirely unhelpful to simply get sent a sample calculation with figures on that were wildly different to our own. No help at all and this I took to be a partially deliberate attempt to shut us up. Is it really too much to ask a finance organisation to supply the details applicable to our account? I thought not.

 

Anyway, that's our story, A&L couldn't have been less helpful and the tone of some of their letters was pretty aggressive. All I wanted was the details for the loan, hardly unreasonable. So, nothing heard from them for ages, no idea what they'll eventually do. Will update if anything happens.


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Any further dealings with A&L San? Ive just compared my app and t&c with yours and its identical - its even signed by the same A&L person so im interested in this. I am about to start my own thread though,

 

Madge

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Hi. I too have received such a Fixed Sum loan agreement which is exactly the same as the OP. Mine also has no cooling off period, A&L signed the agreement before myself with the footnote "This offer is valid for 28 days from the date of the Alliance & Leicester signature"

This agreement was posted to me, pre-signed, for me to sign and return via post. The loan was taken out on the Internet.

The only difference is on page 1, A&L also charged me Personal Loan Protection which I did not sign for.

 

Also there are some key prescribed terms missing regarding repayments;

Frequency and timing of repayments;

Dates of repayments;

The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

I'm now having to deal with a DCA. Any advice?

Edited by frazefast

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Have you made A & L aware of the missold PPI ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Not as yet. It would also appear the so called debt defaulted 6 years ago this month too.

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I know it is a few years ago but how did you get on with the cancellation box or the option to cancel not being there

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