Welcome Finance : No CCA supplied for secured loan, can I withhold payment legally until I have it

[danielman2]

did a sar months ago and they sent an old signed credit agreement

 

can I with hold payment now and not go to default

[rebel11]

Hi daniel

 

Have you sent a CCA Request?

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Heres some interesting reading:- http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

 

Part Two Plain English Part 2 page 29 onwards.

 

A SAR will get you the data they hold, but it doesn't help as far as putting the account in dispute. Lets see what they send when you send a CCA Request.

[danielman2]

thanks rebel11

 

had a look through the pdf oft1272 and I interpret this as saying they can default me but until they take me to court there is nothing I can do, (unless I take them to court)

 

Then if they took me to court I could apply for a stay of proceeding pending compliance

(compliance =they send me cca)

 

Well I have just refused to pay them by phone until they send me the CCA and all of a sudden they are sending me something(cca?) in the post, so will let you know next week what they come up with.

 

I have to say the accounts people at welcome dont seem to have a clue what they are doing e.g asking me what my balance is, lol, and whats written in the letters THEY sent me!!!

 

thanks again

Edited January 14, 2011 by danielman2
can default me

[danielman2]

I got the cca today and its a "true copy", so not the one I signed (actual copy).

 

What now???

 

They are saying its the final response and they are allowed to send me a made up copy

Edited January 17, 2011 by danielman2
""

[sick of welcomw]

Thats absolute bull**** they have to send u the true copy

[danielman2]

The exact words are quote

 

"Please find enclosed a copy of the credit agreement with our compliments, This is not a copy of the original signed agreement, but a true copy.

 

Please not that a true copy of this agreement has been supplied as per the consumer credit (cancellations and notices copies of documents) regulations 1983 paragraph 2361.1 stipulates.

 

regulation 3 of the consumer credit (cancellations and notices copies of documents)regulations 1983 allows a "true copy" to be supplied and not neccassarily a complete copy of the agreement."

 

Help !