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Alliance and Leic response to CCA


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A couple of months ago I rec'd a copy CCA from A & L with two signatures I did not recognise. Im not disputing the loan is mine, it is but these two signatures on the loan consolidation agreement are not mine.

 

I had a letter today about this and they say the two signatures on the loan agreement and PPI box are:

 

'I accept that they may not be indentical but they are sufficiently similar not to raise any concerns'!!!!!!!

 

Someone as signed off the PPI and it wasn't me. Now i think someone did that for the commission. That in itself is deception and fraud.

 

The loan agreement isn't mine either. They say the CCA is enforceable against me because i took the loan and benefitted from it which i accept.

 

If this goes to court will the fact that the signatures aren't mine invalidate the CCA. The PPI signature is obviously not mine and that is deception. They'll look like right muppets in court cos i have a signature on a credit card from precisely that date in 2007.

 

It is so obvious that my signature from that date in 2007 bears no relation to the signatures of the CCA and PPI box

 

How should i respond to the A & L? This feels like its gonna be a ping pong of letters etc

 

any advice please?

 

appreciated

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A couple of months ago I rec'd a copy CCA from A & L with two signatures I did not recognise. Im not disputing the loan is mine, it is but these two signatures on the loan consolidation agreement are not mine.

 

I had a letter today about this and they say the two signatures on the loan agreement and PPI box are:

 

'I accept that they may not be indentical but they are sufficiently similar not to raise any concerns'!!!!!!!

 

Someone as signed off the PPI and it wasn't me. Now i think someone did that for the commission. That in itself is deception and fraud.

 

The loan agreement isn't mine either. They say the CCA is enforceable against me because i took the loan and benefitted from it which i accept.

Nonesense - doesn't matter if you had the money or benefitted from it - that has no bearing at all on whether the CCA is enforeceable.

 

If this goes to court will the fact that the signatures aren't mine invalidate the CCA. - YES if you can prove it.The PPI signature is obviously not mine and that is deception. They'll look like right muppets in court cos i have a signature on a credit card from precisely that date in 2007.

 

It is so obvious that my signature from that date in 2007 bears no relation to the signatures of the CCA and PPI box

 

How should i respond to the A & L? This feels like its gonna be a ping pong of letters etc

Depends on your situation, is the account in arrears?

any advice please?

 

 

David

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the account is in arrears but you can't have a situation where the signatures on the PPI and Loan Agreement are not mine. The A & L are saying they are mine but then they would !! It is SO obvious when you compare it to my signature on my credit card from the same date that they are not mine!! Anyone can see that.

 

I have asked the A & L who these signatures belong to and they believe it's me. They know those signatures aren't mine.Anyone can see they are totally different. MOreover the two signatures on the CCA they sent are different also!! if they were mine then the signature would be identical ie mine!!

 

what do i say to them please?

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Oooooops

 

Thought i had posted on this thread but clearly screwed up somewhere!

 

If you are sure those signatures are not yours-

 

Send the account in dispute letter, detailing why - those signatures!

 

I will put a note on the system for a moderator to have a look at this thread - if someone has forged your signature a some point - it's serious.

 

David

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Agreed.

Presumably,you have enough evidence to show that these are NOT your sigs.

Wait for their response to you informing them of this.

Its a complaint to the regulators I think,but you will have to provide strong supporting evidence.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

I have been in dispute with my loan provider for some weeks now regarding a fixed loan agreement in which the signatures on the agreement are simply not mine. I now know what as happened.

 

When the agreement arrived way back in Nov 2005 (it was a loan extension) it contained PPI on it which i specifically rejected when I agreed the loan by phone in early Nov 2005 (I have 2 previous loans with this provider and had never taken out PPI on either of them). I sent the agreement back unsigned stating that they should return a new agreement without PPI. This never happened and i obviously became sidetracked on other personal issues.

 

It is only after a CCA request and after 5 long years that i discovered two alien signatures on my agreement. One to confirm the loan and the other to confirm the PPI.

 

It is obvious that an employee or agency staff member have simply signed the agreement to pocket the commission. This surely is misrepresentation, deception and fraud?

 

the provider is a large, well known ex-BS.

 

the passage of time ie 5 years, dilutes your recall powers but it clicked this morning what had happened and i recall now

 

have they broken any criminal law here ? I know they've breached CCA 1974

 

i may request an SAR

 

any insight?

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SD - this appears to be a continuation of this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242351-alliance-leic-response-cca.html

 

You would be better keeping it all to one thread as it's difficult to give relevant advice if you can't see the whole story.

 

This post from Martin3030 sums up what you need to do:

 

Agreed.

Presumably,you have enough evidence to show that these are NOT your sigs.

Wait for their response to you informing them of this.

Its a complaint to the regulators I think,but you will have to provide strong supporting evidence.

 

Have the company concerned replied to your letter?

 

David

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I suggest that you do make a request for an SAR.

 

You have two choices: --

you can complain to the bank and asked for the matter to be put before the ombudsman

you can go to the courts and sue the bank

 

Go to our new Financial Ombudsman Service forum to see what a dismal experience going to the FOS is. Inefficiency, delays, no transparency -- and eventually an unsatisfactory award.

 

If you go to the courts then it will be quick and cheap and you will be able to ask an enhanced award of damages based on the principle of restitution damages.

 

If you want, you could take a middle ground and complain to the bank -- they will want eight weeks to provide a resolution (far too long in my view), and then if you don't like the result they are offering you, instead of going to the ombudsman you can then go to the courts.

 

It may well be that the bank will realise the position and offered to refund you. However they will not refund you as much as you could gain in the courts.

 

It is up to you to decide. Put in the SAR anywaybecause you never know what it will turn up -- although I can imagine that there may be very little of interest. What you really need is the identity of the person who handled your application at that time -- and of course it would be very interesting to get an example of their writing -- that this is nearly impossible.

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of course it is a continuation - i do apologise. will stick to this thread going forward

 

thanks to you all so far

 

i have spoken to a handwriting expert for CPR53 representation but will await further response from A & L.

 

i have no doubt in my mind that the two signatures on my loan agreement belong to someone other than me ie alliance and leic employees

 

all this happened in nov 2005 so memories can fade but im sure i sent the agreement back unsigned because it had PPI on it which i specifically refused during the loan arrangement phone call the week previous. I asked them to reconstruct without PPI and return for signature and then forgot about it after getting the money. Its only now after getting a CCA copy following my default that i can now see what has happened.

 

i am convinced someone at the A & L have signed the PPI box and claimed the commission. that in itself is fraud but someone other than me as also signed the loan agreement as well.

 

what is also ludicrous is that the signature for the loan is totally different from the signature for the PPI. you would naturally expect both signatures to be virtually identical ie belong to the debtor! they aren't!!

 

unless the A & L accept my findings this will go to court. I will await their second response and if that;s not acceptable i will do a SAR and then see what turns up. if nothing turns up then i will issue proceedings.

 

i have nothing to lose.

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Been told the A & L have made their FINAL decision and have not even given me the statutory 8 weeks to respond to their findings which mean's i am forced to go through the Financial Ombudsmen (FOS). It stinks

 

they know someone as forged my signature and they've simply dismissed my case and implied 'feck u and do your best with the FOS'

 

but the point is that they've committing a criminal offence rather than a simple breach of the CCA 1974

 

on all their letter's they are asking me to call them to discuss the issues in dispute ie not a customer services number but a direct line to that person.

 

i dont wanna go through the FOS. I dont mind making a submission to them but what are they gonna do? nothing

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you wont believe this. This morning i received an PPI refund offer of £1400 on the understanding that i won't incite legal action against them and then they said that should i accept the refund would be used to offset against my outstanding debt. that is totally unacceptable and unlawful surely as the loan agreement and PPI agreement are separate legal contracts. the PPI money is mine to do with as i please and i assume its come from an insurance company rather than the A & L.

 

not sure how to proceed here. they know the signatures aren't mine as they wouldnt have coughed up so quickly.

 

should i reject and go through the Financial Omnudsman ?

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you wont believe this. This morning i received an PPI refund offer of £1400 on the understanding that i won't incite legal action against them and then they said that should i accept the refund would be used to offset against my outstanding debt. that is totally unacceptable and unlawful surely as the loan agreement and PPI agreement are separate legal contracts. the PPI money is mine to do with as i please and i assume its come from an insurance company rather than the A & L.

Well..........after their final response it looks like someone actually looked at it and said...................Oh sh*t!!!!:eek:

not sure how to proceed here. they know the signatures aren't mine as they wouldnt have coughed up so quickly.

Correct

should i reject and go through the Financial Omnudsman ?

 

Up to you but I have always found them a waste of time.

 

As I see it, they have a debt which is unenforceable as someone has forged your signature.

 

I would only settle for:

 

The debt being cancelled and any reference to it being removed from the Credit Reference Agencies.

 

Return to you the £1400.

 

Are you prepared to take them to court (civil court for the above) over this?

 

David

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I am not going to accept this offer. One, because i wont see the cash anyway so nothing to lose as they will try to offset against the debt which is unenforceable anyway and two the very fact that they have decided to make this offer tells me they have serious concerns about the loan agreement. I am now convinced that my signature was forged to pocket the PPI commission and the A & L know this as well.

 

I have spoken to the FOS today but they're very 'wet' and i need to take this matter by the balls, as it were.

 

i need to think how to proceed

 

is this civil ie breach of the CCA 1974 or criminal offence?

 

many thanks

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can i ask something.........

 

this 'loan' that you had the money off but forgot [that doesn't matter]

did you actually pay anything toward it?

cause if you didn't, and you are quite rightly going to get the whole thing annulled due to the forgery of sigs, etc, then you are right to rufuse the ppi refund as thus its not your loan...get me drift?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes, ive paid about 70% back and then defaulted due to illness but the alleged fraud/misrepresentation only came to light when i requested a copy of the CCA (dated nov 2005). simple fact is this. someone at the A & L has signed the PPI box to claim the commission etc. I never asked for the bloody PPI. I will allege fraud and misrepresentation. The loan agreement signature isn't mine either

 

this will go to court and the agreement will prove unenforceable.

 

accepting the loan and making payments is a side issue.

 

fraud as taken place, simple

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ok well don't forget then, when it goes to court you need to reclaim back all your payments + 8 stat on top of whatever the outcome is.

 

good luck.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is this civil ie breach of the CCA 1974 or criminal offence?

 

 

To clarify, their are 2 issues here.

 

1/ Forging a signature on a CCA is clearly fraud, a criminal offence. Whoever did that, (if they could ever be identified), could be charged with fraud. Great but doesn't mean you would get your money back.

 

2/ This does mean however that the agreement itself is fraudulent, and as such needs to be cancelled and all record of it removed. Clearly, if the agreement doesn't exist - nor does the PPI. You can claim what you have paid on the PPI back + 8% statutory interest on whatever the figure is. This would be a civil action.

 

With the civil action there may be the possibility of claiming damages but thats beyond the extent of my knowledge.

 

David

Edited by cashins
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A further thought SD, have you tried to get your local Trading Standards involved in this matter.

 

It's a bit of a lottery I know, some TS's are absolutely useless (like my own), others are very good. Unlike the FOS however, they do have enforcement powers.

 

David

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