Fixed sum loan agreement sent in post to sign secured against property

[newto]

I was sent a second copy of an agreement in the post to sign as the original copy that I had signed in the presence of the broker at my home address, had apparently been signed and dated before the 8th day.

 

Are agreements allowed to be sent out in the post for signature considering it is classed as a second charge against my property as I would assume that this agreement would have to be explained to me before signing?

[AndyOrch]

If it differs from the original then dont sign it.

 

What does " had apparently been signed and dated before the 8th day " mean?

 

Regards

 

Andy

[newto]

It has already been signed and it did differ slightly than the original agreement but this has only come to light 4 years later.

 

We raised the question in court as to why the agreement the creditor produced differed from the original copy we have and they said it was because they had to send out another agreement to be signed as the 1st agreement had been signed and dated before expiry of the 8 day letter (I think this may be the cooling off period) not too sure

[AndyOrch]

Difficult to advise Newto without all the ins and outs is it a second mortgage have you had the funds?

 

 

Andy

[newto]

It was a loan for £6000 with broker fees and admin fees taking the amount to £6850.

 

Had the funds, fell into arrears, company has suspended repo against, currently paying "50 per month and have so far repaid nearly £9000 yet they claim I still owe £3336.54 in arrears and £4053 in additional fees and interest.

 

I have more than repaid what I borrowed and want them off my back as they seem to make the figures up as they go along and I will forever be repaying as the continue to add to the debt

[newto]

£250 sorry

[newto]

To be exact I have repaid £8413.51

[AndyOrch]

Right we are getting there slowly, so its a CCJ/ Charging Order and you have requested copies of the agreement in an attempt to unravel what the true balance is?

 

From your initial post I thought you was just applying for a second mortgage.

 

Andy

[newto]

Apologies, I was mainly trying to find out if they are allowed to post an agreement. This has been a bit if a battle in court so far with I feel the court not really listening properly. How can there be arrears on the account in the amount they say with what has laready been reapid. The other problem is they have evaded court questions and are evading questions and are getting away with it so I am trying to find another angle to take it back to court myself

[AndyOrch]

If an agreement is posted then its classed as off site and cooling off and cancellation rights come into play.If they didn't send them within 7 days they fall foul of the CCA1974.I think the best thing to do in your case is to send a DSAR to establish all transactions debits/payments.You may have to do the later ones manually from your own accounts as once an account enters collection any payments tend to disappear into a black hole account.Cost you £10.00 but should shed some light on your dilemma.

 

Regards

 

Andy

[newto]

Original agreeement signed 27 Jan. Further copy to sign sent out for postage 17 Feb and dated 28 Feb

[newto]

Have done DSAR so I have details of payments/phone calls but no underwriting sheet as requested

[AndyOrch]

What do you want the under writers sheet for ? You have all the transactions you have the agreement you know how much was borrowed and you know how much you have paid.What did the original summons plead and the figure they sued for? What was you in breach of?

 

Andy