Checking the validity of a Credit agreement.

[postggj]

STAY WITH ME ON THIS

 

YOU SIGNED A LEGAL DOCUMENT OVER 36 MONTHS

A CREDITOR CANT CHANGE THAT WITH OUT YOUR CONSENT

 

WITH YOUR CONSENT, YOU SIGN A DOCUMENT CALLED

 

AGREEMENT TO MODIFY XYZ AGREEMENT

 

YOUR COMMENT

 

p.s Sorry also, is there any way of telling if they somehow deduct the interest for the GAP ? or that the interest is somewhow written into the contract I signed for the GAP? would they not have thought of this ?

 

 

NO IT IS NOT ALLOWED BUT ITS A GOOD WAY TO DISGUISE UNDECLARED COMMISSION PAYMENTS

 

BE HONEST

 

HOW MANY PEOPLE CAN DECODE LET ALONE UNDERSTAND A FINANCE AGREEMENT

 

FINANCE COMPANIES KNOW THIS

[nohappybunny]

.jpg

 

hope these work?

Edited May 17, 2010 by nohappybunny

[nohappybunny]

STAY WITH ME ON THIS

 

YOU SIGNED A LEGAL DOCUMENT OVER 36 MONTHS

A CREDITOR CANT CHANGE THAT WITH OUT YOUR CONSENT

 

WITH YOUR CONSENT, YOU SIGN A DOCUMENT CALLED

 

AGREEMENT TO MODIFY XYZ AGREEMENT

 

YOUR COMMENT

 

Hi...

 

I cannot remember the exact way the GAP insurance went down, it is possible i was sent and did sign another document to modify the agreement? I do not have a copy of it if I did, what do you think , should I send a subject access or cca request?

 

thanks

[postggj]

Yes

 

You Need To Send A Cca Request Or We May End Up With Egg On Our Face

[nohappybunny]

HI..

 

Is this the correct form the letter should take?

 

I added the word "signed" when asking for a "true signed copy"

 

I did think there was a better letter than this to send, but cannot find it today on the forum?

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true signed copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

I look forward to hearing from you.

 

Yours faithfully

 

xx

 

 

------------------------------------------------------------------------

 

 

? What do you think>?

 

many thanks

nohappybunny

[nohappybunny]

I have a feeling as this is a car loan, I need to change the initial paragraph to say ss79 is this correct?

 

thanks all !

[nohappybunny]

and in all subsequent paragraphs too?

[nohappybunny]

Hi Postggj..

 

Hope all is good with you

 

there have been some developments I am going to PM you

[nohappybunny]

Hello?

[nohappybunny]

Hi Postggj you still around? can you still help me?

 

I cca'd the mon the 8th of may ,had nothing back apart from a letter statign they wouldlike me to sign and send the request back,I worte to them saying I am not required to send a signature, nor id as they have been writting to me at that address for ages..they have since banked the cheque on the 3rd of june , one thing though that worries me isi am unsure now if i sent them the correct cca request... i have a nasty feeling only put s77 down and not s79 (for a conditional sale agreement) does this mean they do not have to comply?

 

Please advise...

 

Where would I stand now?

 

thanks for your (or anyones help)

[nohappybunny]

do you think I should read to much into the fact they have not just replied with my original cca? ie they dont have it?

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[nohappybunny]

Thanks cerberusalert , any idea on what the situation is if i have sent them an incorrect CCa request ..ie if i sent a cca with s77 and not s79 as this is a conditional sale agreement?

[nohappybunny]

I am worried as in their letter to me it states thank you for your enquiry under s77 etc etc etc

[cerberusalert]

Thanks cerberusalert , any idea on what the situation is if i have sent them an incorrect CCa request ..ie if i sent a cca with s77 and not s79 as this is a conditional sale agreement?

 

If they had noticed and wanted to be pedantic the would have sent it back. They have accepted your CCA request by cashing your cheque.

[nohappybunny]

thanks

[postggj]

I Agree

 

The Request Clearly States Its A Request For The Copy Of Your Agreement In Any Language

[nohappybunny]

Great thank you Postggj...

 

am sending the follow up letter now ..