No CCA, don't hold records beyound 6 years?

[iiyama66]

Hi,

 

My GF took at a loan in 2002 for £7000, PPI

Due to the PPI she asked AL for a copy of the CCA, they have written back and said they don't keep copies of loans that ended over 6 years ago.

 

This loan she ended up defaulting on, missed 3 payments, but has since being paying the loan back via Harrington Brooks.

 

So,

 

The loan was taken out over 5 years, would have ended in 2007/8 so the loan couldn't have ended over 6 years ago.

 

AL have been sending her statements regarding this loan which clearly shows dates and payments, last statement May 2009.

 

Are AL just avoiding/bluffing? as clearly their dates are wrong and my GF has a legal right to see her CCA, or does the Harrington Brooks involvement change the her rights/CCA?

 

As they don't have her CCA does this mean the loan is not legal and therefore not enforceable?

[lee32uk]

They should keep the agreement for 5 years after the account/loan ended.If they don't then the money laundering regulations have not been adhered to.

[Castlebest]

A&L are squirming the limitations laws relate to the last transaction on an account so May 2009 is well within the 6 year limit.

 

I assume this loan hasn't fully been paid off so its well and truly still alive. Are Harrington Brooks collection agents for A&L? I would think if A&L are sending you statements the loan hasn't been fully assigned to a DCA.

 

Write and tell A&L that they are in breach of the Consumer Credit Act because they do not hold a copy of the Terms and Conditions and therefor the account is unenforceable and until they provide you with a true copy of the contract document you will suspend any further payments.

 

But be careful because if they do find a copy the account will cease to be unenforceable and you will have to pay :-|

 

Edit ... and wot lee said

pete

[indebtstudent]

I believe they are commiting a criminal offence if they don't provide the document, but I could be wrong, particularly if the agreement has come to an end.

[noomill060]

Send a SAR for copies of all your statements and anything else they have on you.

 

When you get them, reclaim all PPI premiums, plus interest levied on the premiums at the same rate as the loan.

 

This will make a very big dint in the amount you allegedly owe them and may wipe the debt completely.

 

As said above, with out a CCA they cant sucessfully enforce the debt.

[iiyama66]

Hi,

 

My GF has spoken to Harrington Brooks who told her the letter from AL 'is gold dust' their solicitors are going to do all the work for no extra charge.

 

One bonus of being involved with Harrington Brooks!