Help no response for copy of credit agrement

[Fullyskinted]

So basically youre sayign they can just send you a copy of their agreement - and it doesnt have to be a copy signed by the creditor?

 

Surely not!?!

[zootscoot]

Thats right. The main thrust behind the s.77/8 requests is the provision of a statement current of account setting out how much has been paid and how much is outstanding. The copy of the agreement is ancillory to this and is provided so as the debtor can ensure that the statement provided has been accurately calculated in accordance with the terms and conditions. S.77/8 is not about proving the existence of the agreement.

 

All the best

 

Zoot

[Number6]

So basically youre sayign they can just send you a copy of their agreement - and it doesnt have to be a copy signed by the creditor?

 

Surely not!?!

 

Yes, quite correct as zoot has already said.

 

However, this does not absolve the lender from the requirement to have to correct paperwork. Unless they have a properly executed agreement that conforms to Section 61 of the CCA 1974 then they cannot enforce the agreement. You can ask the lender to provide a copy of such an agreement and although they are not compelled to produce it they would be silly not to IMO. If they were to go to court to ask a judge to enforce the agreement and they hadn't produced it to you beforehand the judge would most probably take a dim view of their tactics.

 

Pete

[pford]

But the agreement they sent me has my present address on it. I opened the account in 1990 shouldn’t it have the address of where I lived at the time I opened the account? for it to be a copy of the agreement

[pford]

update now had a letter of trading standards and the Halifax

 

 

Further to our recent discussion.

 

i have contacted Halifax again and explaned that the documents you received were not those requested. I have received an assurance that the original agreement will be forwarded, along with a statement for the last six months. As the agreement was signed some years ago, however, this will have to retrieved from their archives and will take approximately two weeks to obtain.

 

should you wish to report the matter to the Office of Fair Trading for consideration, they may be contacted at:

 

 

and today this from the Halifax

 

I

refer to your recent communication and enclose a copy of your statements.

 

Unfortunately, we are unable to retrive your original agreement.

 

the £1 for the copy application has been credited back to your account and will show on your next statement.

 

I hope this meets with your requirements.

 

So that do I do now. They have admitted that they can't send it.

[Fullyskinted]

I think you know the answer to that dont you?

 

Read this... (if you havent already!)

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

[ecobabe]

the debt is now completely unenforceable. I have recently (posted on thread named above and general thread) had a large debt written off for this very reason. They stated that "because we do not have the original agreement it is now unenforceable and you no longer acknowledge this debt, we have closed our file on it", I also had a barclaycard one written off because they could only send the application form with my signature on it. This one was very old and they owed me more in charges than I owed them, but that would have been a long battle because it was so old. but by the DCA's own admission it was completely unenforceable due to the lack of agreement

[e28bigalbexley]

Oooh pford you are a lucky person:D

 

AL;)

[baileyboy]

the debt is now completely unenforceable. I have recently (posted on thread named above and general thread) had a large debt written off for this very reason. They stated that "because we do not have the original agreement it is now unenforceable and you no longer acknowledge this debt, we have closed our file on it", I also had a barclaycard one written off because they could only send the application form with my signature on it. This one was very old and they owed me more in charges than I owed them, but that would have been a long battle because it was so old. but by the DCA's own admission it was completely unenforceable due to the lack of agreement

 

 

Thats a couple of very nice results ecobabe. Purely as a point of interest, did either of them issue a default notice against you before they admitted not having the agreements?

[e28bigalbexley]

Thats a couple of very nice results ecobabe. Purely as a point of interest, did either of them issue a default notice against you before they admitted not having the agreements?

 

Having read ecobabes thread i dont believe they did default her, but as we have read here before defaults have been issued rather late in the day on request of CCA,SAR,ect requests by some co's

AL:)

[baileyboy]

Having read ecobabes thread i dont believe they did default her, but as we have read here before defaults have been issued rather late in the day on request of CCA,S.A.R - (Subject Access Request),ect requests by some co's

AL:)

 

Thanks for that. If they have no agreement, they dont have your permission then to process your data from any point in the past.. correct?

[e28bigalbexley]

Thats correct and i also believe that the bank/cc'co once they pass your debt on have no right to keep processing either.

 

Ecobabe has posted a thread in the general forum have a read http://www.consumeractiongroup.co.uk/forum/general/56510-success-date.html

 

AL.

[pford]

update the halifax have unleashed their dogs again the phone calls have started again

[rosierose]

How nice of them! Have you told TS? What do they think of it?

[pford]

How nice of them! Have you told TS? What do they think of it?

 

 

Not been able to get hold of the person dealing with it today.

 

His last words before he hung up was we will pass this to our legal department to enforce and we will send some one to your house to take to you about it.

[rosierose]

Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

[un1boy]

Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

 

Rosie, who at your TS did you contact?

 

The guy looking into mine said that he thinks the agreement could be unenforcable as it has no prescribed terms and that I should take legal action.

 

He should be investigating prosecution.....I have also referred it to the OFT who said they will keep the details in order to decide whether to renew their credit license - so, I think that everyone should inform the OFT when they don't comply with a cca request - if the OFT get loads of complaints the company can have their licenses completely revoked....

[rosierose]

The guy looking into mine said that he thinks the agreement could be unenforcable as it has no prescribed terms and that I should take legal action.

Hi UB. What sort of action did he recommend that you take?

[Cornucopia]

Not been able to get hold of the person dealing with it today.

 

His last words before he hung up was we will pass this to our legal department to enforce and we will send some one to your house to take to you about it.

 

pford, I would personally be delighted with that offer (apart from the home visit in which case I would have buckets of manure of standby). However, let them take you to Court, they can't provide the agreement and you have that in writing. I'll bet they won't!

[pford]

pford, I would personally be delighted with that offer (apart from the home visit in which case I would have buckets of manure of standby). However, let them take you to Court, they can't provide the agreement and you have that in writing. I'll bet they won't!

Ye but this is their dogs we don't give a **** about your complaint against the Halifax you now owe us

[pford]

Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

 

 

my TS told me to take it to court myself as she would have a hard job of?

its 1 complaint so what against them

[Cornucopia]

 

Ye but this is their dogs we don't give a **** about your complaint against the Halifax you now owe us

 

It's irrelevant, to initiate proceedings, they would have to be able to provide the Judge with a true copy of the executed agreement. It appears they can't do this. Let them carry on, they are only shooting themselves in the foot. Get yourself a call minder or a whistle, don't take the calls, or if you do, blow the damned whistle down the phone and if they knock at your door, hand them a copy of the letter that says they can't provide the agreement.

 

You have to stand up to these idiots!!!!

[un1boy]

Hi UB. What sort of action did he recommend that you take?

 

Hi Rosie,

 

He didn't - he just said:

 

 

Hi un1boy,

 

After speaking with my colleague, I believe that the agreement could be unenforcable as it doesn't have the APR.

 

You will have to take legal action agasint them.

 

That is basically what he said- I'll post his exact reply when I get email access later.

[un1boy]

my TS told me to take it to court myself as she would have a hard job of?

its 1 complaint so what against them

 

 

I had the same - but, I am gonna write into a manager there and refer it to my MP to see if they can do anything about it.

[un1boy]

I called the OFT and they said that they can't investigate individual complaints, but they were very interested in me sending all the info regarding the agreement I have been sent which does not have any prescribed terms on it and is now unenforcable, along with my requests for default notices which I wasn't sent etc as they use that information when considering renewing credit license applications.

 

I now the OFT basically can't and don't do much individually, but if everyone that has not had their cca request satisfied, or that have been sent unenforcable agreements etc, forwarded it all on to the OFT then they may think twice before renewing and granting credit licenses.