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angela74

Bank not required to provide signed CCA?

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Hi

 

I'm new here so apologise if this is covered elsewhere. Firstly cheers for brilliant advice so far, I sent off a letter to Halifax (£5000 debt) and Barclaycard (£400 debt), enclosed £1 postal order to obtain copies of my signed CCA's.

 

They have both replied within 12 days, sending me terms and conditions and a photocopy of my agreement to keep (unsigned).

 

Both have stated that they have provided all the information they are required to under section 78 of the Consumer Credit Act. Please note "WE ARE NOT REQUIRED TO PROVIDE A COPY OF THE ORIGINAL SIGNED AGREEMENT UNDER SECTION 78 OF THE CONSUMER CREDIT ACT".

 

They also confirmed this by telephone when I rang.

 

So what can I do next?

 

I considered paying £10 for a SAR, however I've read posts from people going down that route where the banks still claimed they didnt have to provide a signed agreement.

 

Is it worth paying £10 for a SAR, is there anything else I can do to see if the debt is firstly enforceable (I've had the Halifax card for over 15 years). I havent got a court date yet but am expecting one soon as the amount I offered to pay weekly was rejected as not enough.

 

Hope someone can advise as any help is appreciated.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Great thanks for this, letters sorted and ready to post in the morning.

 

I'm presuming I dont have to pay the £1 again and have enclosed copies of the last letter I sent them stating I've already paid the £1 fee.

 

and most importantly, printed rather than signed my name lol

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No there isn't a fee for those.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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i still cant get my head around this bit.

the act says that on application they will supply me with a true copy of the executed agreement.

an executed agreement is an agreement signed by us and them, vis a vi what we all wanted to see in the first place.

 

it seems a lot of people have accepted this fob off that we get but has it ever been challenged???????????

 

i have gone down the cpr request route but i still think its sledge hammer cracking a wallnut!!!!!!!!!!!!

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Under the CCA 1974 Act although they have to provide a 'True Copy' certain things can be omitted which includes the signatures.

 

In most cases it's not a problem because if the creditor has an enforceable agreement they will sent a full copy of it, however there are those either out of bloody mindedness or because they don't have an enforceable agreement who will send a 'mocked up' version in the hope that it's accepted. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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The 1983 amendments allow them to provide a true copy without the signature boxes.

 

They can therefore satisfy the S77/78 request.

 

It probably has been challenged but each case is different so each challenge is different and you then get what you want in the end.

 

Its a bit like poker really. You can sometimes win by bluffing.

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