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    • What is it you would like to know I need someone who is in involved  with the legal system If anyone would like to phone me on my mobile (07596) 154346 as it will take too long to write down all what has gone on over the last eight years fighting Rooftop Mortgages
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Andy01 V Halifax B4 2000


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The problem is a court has recently judged that the prescribed terms can be separate from the actual signed sheet thus making an application enforceable. AFAIK there is an appeal awaiting at the moment so things are in limbo.

 

Is there anything within those T&Cs they've sent which links them to 1998 or are they the latest T&Cs?

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Hi Cerber thanks for you reply . I have just checked it says

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 and they send me 2 bundle sets about 10 pages each and they are newly printed already on this thread.

1. First one got my very old address

2. second one got my latest address but none of them gives any idea of th which period.

3. Address on this application is totaly different than the both T'&C. this copy the application was send to me 2 yrs ago. http://i698.photobucket.com/albums/vv342/Andy01/application8018.jpg. and on this latest letter from BOScott qoutes http://i698.photobucket.com/albums/vv342/Andy01/Halifax8018-2.jpg that their clint are not obliged to provide a copy of the signed agreement. So what are they talking about. as I understand this application is the only agreement.

 

Now they have Default me in 2007 and on that time the arrears were £167.

A. can I ask them to ask something along the line to deny that I may not have any agreement with you unless you provide me with the executed agreement?

B. Can I go along with the Default notice way where I may only have to pay arrears?

C. What they have is the application or the agreement?

Advise please

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Andy, a judgment handed down, last year I think, allows for a creditor to now produce what is called a "reconstituted copy" for s78 purposes.

So they dont have to provide a copy of the signed agreement for the CCA request.

 

TBH, I am not sure whether what they have provided would be satisfactory for litigation purposes. Wait and see what Cerb has to say.

 

BTW, their reference to "instructing" collection agents.. they have already instructed them.. they are Wescott, for goodness sakes.. !!

 

If they should in their wisdom, decide to send any visitors, you have no need to speak to them. You can ask them to politely go away.. and they must leave.

 

 

I hope your wife's health has improved :)

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TBH, I am not sure whether what they have provided would be satisfactory for litigation purposes. Wait and see what Cerb has to say.
TBH I don't know since those recent court cases, it's all down the appeals now.

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