Cap1 & CCA return

[un1boy]

But to prove non-payment of an amount under an agreement, it follows that they would have to demonstrate that they had a valid agreement to begin with.

 

A financial company couldn't just take you to court and say you hadn't paid, they would have to prove there was a reason you had to pay them in the first place. Hence the reason an unsigned agreement can't be enforced. If it was a simple matter of them proving you hadn't made a payment, then whether you had signed the agreement would be irrelevant.

 

I agree.

 

So how come many people have CCJ's registered against them and now, after doing a sec77-79 request, find the agreements either don't exist, or are completely unenforcable?

 

The only thing I can think of is that the Judges don't ask to see the documentation....

[ian1969uk]

More likely they don't attend court and the CCJ is awarded by default.

[un1boy]

More likely they don't attend court and the CCJ is awarded by default.

 

There we go then!

 

I woudl assume though that the docs should be checked anyway, to make sure they are entitled to bring the action they bringing but, hey ho!

[ian1969uk]

No, if no defence is entered they will win.

 

It is vital to enter court to enter the defence, and then the financial co. would have to produce the documentation.

[un1boy]

No, if no defence is entered they will win.

 

It is vital to enter court to enter the defence, and then the financial co. would have to produce the documentation.

 

Oh, I see.

 

Well I have told everyone I know to always attend court. (If they get summondsed)

[paulwlton]

On the subject of CCJs i think it's very important to keep all documents especialy if the debt is a number of years old and ongoing has in a number of cases the banks deny the debt has been subjected to a CCJ therefore interest is still applied.

 

I made a SAR in December and shockingly the statement of account showed a balance £8000 greater than the true amount with interest being applied at £400 a quarter.

 

Paul

[un1boy]

I agree Paul - the last year has taught me to keep copies of everything.....

[emmaf01]

Further to my previous post, I have now checked the two CCA agreements sent to me by the SLC, one unsigned by them, the other signed but sent to me two weeks later.

 

Well, my signature is a perfect match on both copies, so it looks like the SLC have signed the document within the last two weeks, but dated it 14 years ago.

 

What can I do about this? It seems a little dodgy, to put it mildly.

 

Has this happened to anyone else?

[TideTurner]

Further to my previous post, I have now checked the two CCA agreements sent to me by the SLC, one unsigned by them, the other signed but sent to me two weeks later.

 

Well, my signature is a perfect match on both copies, so it looks like the SLC have signed the document within the last two weeks, but dated it 14 years ago.

 

What can I do about this? It seems a little dodgy, to put it mildly.

 

Has this happened to anyone else?

 

Emma,

 

Looks like you have them by the short and curlies. You can now do several things.

 

Firstly, make several copies of both documents and keep one of them safe (with a friend or family).

 

You should then send a copy of each to higher management at SLC pointing out their 'mistake'.

 

Also send copies to the ICO and the DTI, pointing out the discrepancy.

 

Send all of the above on the same day, and reiterate to each details of your claim (or theirs).

 

This behaviour is deliberate Fraud and is disgraceful.

 

You should also point out that you will insist on copies of the originals prior to any Court case, for forensic testing (carbon dating).

 

Also insist on the name of the person who signed it on their behalf.

 

Tide

[davefirewalker]

I seem to remember that it requires two signature to become properly executed......now then if theyve only just signed it, the agreement was improperly executed for 14 years.

 

is there a claim for the return of interest in the offing ???

 

or am I wrong again.....

 

Dave

[davefirewalker]

tide turner

 

carbon dating is only accurate to about 50 -100 years either way

 

dont think that that will work

 

Although there may be some other way to check the validity

 

Dave

[zubo]

Way off topic, so don't read if you have no sense of humour but I need to support Peter:

 

A Woman was out golfing one day when she hit the ball into the woods.

 

She went into the woods to look for it and found a frog in a trap.

 

The frog said to her, "If you release me from this trap, I will grant you three wishes."

 

The woman freed the frog, and the frog said, "Thank you, but I failed to mention that there was a condition to your wishes.

 

Whatever you wish for, your husband will get times ten!"

 

The woman said, "That's okay."

 

For her first wish, she wanted to be the most beautiful woman in the world.

 

The frog warned her, "You do realize that this wish will also make your husband the most handsome man in the world, an Adonis to whom women will flock".

 

The woman replied, "That's okay, because I will be the most beautiful Woman and he will have eyes only for me."

 

So, KAZAM - she's the most beautiful Woman in the world!

 

For her second wish, she wanted to be the richest woman in the world.

 

The frog said, "That will make your husband the richest man in the world and he will be ten times richer than you."

 

The woman said, "That's okay, because what's mine is his and what's his is mine."

 

So, KAZAM - she's the richest woman in the world!

 

The frog then inquired about her third wish and she answered, "I'd like a mild heart attack."

 

Moral of the story: Women are clever. Don't mess with them.

 

Attention female readers: This is the end of the joke for you. Stop here and continue feeling good.

 

Male readers : Please scroll down.

 

...

...

...

...

...

...

The man had a heart attack ten times milder than his wife .

 

Moral of the story: Women are really dumb but think they're really smart.

 

Z

[ladybird17]

In retaliation.....

2 families are in the relatives room at the hospital awaiting news of their loved ones, both of whom are very poorly.

The Doctor comes in and says to the first family, "I'm so sorry, Mary is never going to recover, but the hospital is willing to buy her brain for medical research for £50."

He turns to the second family and says "I'm so sorry, Fred is never going to recover but the hospital is willing to buy his brain for medical research for £200"

"Hey" shouts one of Mary's relatives - how come you only offered us £50 for Mary's brain but you've offered them £200 for Bill's?"

"That sir," replies the Doctor, "is because it is hospital policy not to offer the full price for used goods".

Moral of the story - men think they are smarter than women, but because women ARE smarter, we let them believe they are.

[humbleman]

1-1 Draw

[ladybird17]

as you've got "man" in your username, you're not objective enough.

 

I want someone who is entirely neutral on this......I await replies

[un1boy]

Emma,

 

Looks like you have them by the short and curlies. You can now do several things.

 

Firstly, make several copies of both documents and keep one of them safe (with a friend or family).

 

You should then send a copy of each to higher management at SLC pointing out their 'mistake'.

 

Also send copies to the ICO and the DTI, pointing out the discrepancy.

 

Send all of the above on the same day, and reiterate to each details of your claim (or theirs).

 

This behaviour is deliberate Fraud and is disgraceful.

 

You should also point out that you will insist on copies of the originals prior to any Court case, for forensic testing (carbon dating).

 

Also insist on the name of the person who signed it on their behalf.

 

Tide

 

emma, forward the details to the Police as well and they will investigate the possibility of Fraud...

[emmaf01]

I just don't understand how they can leave themselves open to this.

 

If I hadn't got copies two weeks ago, they would have got away with it.

 

The real clincher is my signature on both copies, which is so identical in penmanship AND placing. I signed 2 seconds later on the direct debit, which is different, showing how your own signature is the same but different every time you sign. But on the agreement it is exactly the same in every way.

 

Any handwriting expert would laugh at the easy money!

 

PS who are the ICO?

[ian1969uk]

ICO = Information Commisioner's Office

[TideTurner]

Emma,

 

If this helps, yes they try and pull the wool over your eyes and try to get away with it.

 

They are laying people off and moving jobs to India as we speak.

 

They are making representations to the ICO that they haven't got the staff to deal with the volume of applications for unlawful charges AS WE SPEAK.

 

They are refusing to comply with requests for information to Joe Public AS WE SPEAK.

 

They are increasingly falsifying documents on the off chance they will get away with it AS WE SPEAK. For every one who fights back like you, they will get away with a hundred others, such is the size of their business.

 

If they haven't got the staff, they should keep and re-train the ones they have to deal with the current position, or simply hold their hands up.

 

What you have is not an administration mistake but deliberate intention to defraud you.

 

Sing it from the rooftops, and let everyone know what levels they have stooped to now they have been found out.

 

If you let the Directors know, as I did three years ago, they are ultimately responsible and deliberately breaking the law.

 

Tide

[InKogneeToh]

What are placks, Peter?

 

I think he may have some sort of skin condition BA - and it's nothing to do with my pins......honest!

 

Dearest Peter

 

When I said earlier 'show me a non-cancellable agreement that says it is - what I meant was 'show me a non-cancellable that says it is non-cancellable'. This was in reply to your suggestion that a non-cancellable agreement should say 'non-cancellable' on it.

 

Geddit??

 

And P.S - I am ALWAYS looking!!!!

 

Regards, Pam

[InKogneeToh]

emma, forward the details to the Police as well and they will investigate the possibility of Fraud...

Hi

 

A note of caution - be absolutely sure of your facts before alleging fraud or anything as serious as this! It might backfire!

 

Don't forget that copies sent under CCA requests DO NOT have to show signatures.

 

If you are going to write to the creditor about your concerns, give them another chance to send true copies of the actual documents that they will be relying on in any court action.

 

Regards, Pam

[Peterbard]

I would not appear on show as crass as Dr Who. I have far more class.

 

I am cerebral....and deprived of easter eggs

 

A Cerebral Battleaxe does the word oximoron mean anything to you

 

 

Peter;)

[ladybird17]

no, but oxymoron does.

[Peterbard]

What are placks, Peter?

 

 

When i actually manage to get one of the witches to admit they were wrong. A no mean feet women being women i print off the page and put it on a plack in my shed,

 

Sounds very sad i know but i call it a hobby.

 

Pam knows all about it.

 

Regards

 

Peter

[ladybird17]

oh! you mean plaque!

 

not as in teeth, but what you put on the wall. Your shed walls must be very bare Peter:D