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Hillesden CCA responded to. HELP!


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Received a punch of paperwork from Hillesden today. Which included the following;

 

A signature form with my signature on it (the little slip atthe bottom of a credit agreement but no actual credit agreement terms/amount etc, like I say just a slip with a signature on it)

 

A copy of a credit card agreement with no signature on it.

 

A bunch of statements (only 5 covering 2 months) with APR at 24.9% with lots of interest, late payment fees, over limit fees etc.

 

Now the confusing thing is this... the little slip of paper with my signature on it has interest rate of 12.9%, the statements have 24.9%, the credit card agreement with no signature has conflicting fees etc.

 

Not sure where I go from here now. Please help!!! Starting to panic

 

Edit: there is also reference to the account being sold on one of the statements (27/01/2006)

Edited by mackembulldog
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This paperwork is following a CCA request.

 

The MBNA account doesnt show the last payment made. The earliest statement that was provided was 5/11/2005 showing a past due amount of 421.87 and a minimum payment of 514.65

Amongst the statements it shows the account sold January 2001.

Im confused as to what they have actually sent me to be honest and as I mentioned, find it a little odd to send me a photocopy of my signature just on a tear off slip (dated 2001). This has my old address on it. Weird thing is this other 'copy of credit agreement' has a different address and no signature. I will try and scan these items if possible if it makes it clearer

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When you applied for the CCA did your request have the following sentence added:

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

It sounds as though they have complied by sending a reconstituted agreement which is just that, a mock up of what your Agreement 'might' have looked like, which does in fact satisfy your request if that sentence was not present.

 

Personally I would send them an account in dispute letter, amending to include that sentence.

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When you applied for the CCA did your request have the following sentence added:

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

It sounds as though they have complied by sending a reconstituted agreement which is just that, a mock up of what your Agreement 'might' have looked like, which does in fact satisfy your request if that sentence was not present.

 

Personally I would send them an account in dispute letter, amending to include that sentence.

 

It did not have that sentence contained within unfortunately.

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OK, you need to remove the bar code.

 

I would still follow my advice in the previous post.

 

Okay will do cheers.

Strangely enough I have received this from DLC (I know its the same company) but last headed paper was Hillesden.

Anyway.. all it said was 'further to our letter reagrding your request please find a copy of the requested documentation with MBNA' and that was it.. nothing else.

Could you point me to the correct letter to send?

 

Thanks again

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Would this do the job?

 

 

Dear Sirs,

 

Account No: XXXXXXXX

 

I write in response to your letter, received on XX/XX/XXXX.

 

In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement relating to the account detailed above. I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Whilst I appreciate that under the regulations you are able to omit a signature and date box from the copy, I would like to hold in my records an exact copy of the document that you hold. I do not want a piece of paper that alludes to there being an agreement; I would like a photocopy of the actual agreement. I am requesting that you provide me a copy of the agreement that bears my signature as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. In order to be able to adjudge my position effectively I would require a copy of the actual agreement that apparently exists and I therefore appeal to you to fulfil my request.

 

In considering my request, I ask that you take a common sense approach and do not hold to the line that you have provided all that is expected of you nor the recent test case in Manchester, namely and to be known as: Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).

 

I make my request in good faith and I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. I feel that would take advantage of your position and such an approach from your business not be in the best interests of a healthy business/client relationship. I see no reason not to provide a photocopy of the requested document especially since you included a blank signature and date box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the signatures? Why are you unwilling to provide the signatures anyway, I don’t really understand this stance? Unless, of course, you don’t actually have the document on record and so are unable to provide it, in which case I understand your actions. If it is the case that the original document is not in your possession, please advise this in your response letter.

 

I hope that you will find my request agreeable and look forward to your response within 14 days.

 

Yours faithfully

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Think I may have to rewrite this rather than just using copy and paste.

Having read a few bits and pieces around the net, it looks like the DCA can get away with sending reconstituted credit to conform to a CCA request but without a true single document containing all of the prescribed terms a debt cannot be enforced in a court of law without it.

quote:

In view of the Manchester Test cases, the likelihood of a debtor successfully taking action against a bank for non compliance of section 78 of the Act, in terms of not providing the 'reconstituted' paperwork when requested, is nil.

 

However, the Judge did confirm that if a lender could not supply a copy of the credit agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy. This is perhaps why we know of very few cases being taken to County Court for non payment of credit card and personal loan type debt. The bank will run the risk in such cases of non compliance that not only a judgement may not be made, but the outcome of such a ruling may make the debt legally unenforceable.

 

I may be getting confused here. It seems to me that if they have anything with your signature on it then the debt is enforceable? So reconstituted paperwork is allowed???

Edited by mackembulldog
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Still not sure if this is actually defined as a true copy. I forget scan the other side of the first document.

Just so you are aware, the front signature form has my name and address on it, the Signature box is signed and dated.

Does anyone think that this is adequate to enforce/take to court? I just need some clarification before I send a dispute letter and make myself look stupider than I already am

Thanks

Front of slip

signatureedit.jpg[/img]

Back of slip

sigslipback.jpg[/img]

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