Dispute copy of loan agreements

[Karma14]

Hi

 

 

i am disputing a copy of a loan agreement i have asked for from major bank

 

Its a very shoddy copy and some of the type set has changed and also looks like been copied over.

 

I was just wondering what legally is passed as a exceptable copy ,

as there is no loan number and there are no terms and conditions

 

The bank say the have ful filled their duty with CCA section 77

 

Just wondered if there are any other avenues i can go along as i disagree with certain parts of the agreement.

 

As feel the agreement is not a genuine copy

 

many thanks

Edited September 4, 2014 by Karma14

[sequenci]

When did you take it out?

 

They've probably adhered with their s77 duty - that doesn't always mean that the agreement is enforceable.

[Karma14]

March 2008

[sequenci]

Regardless of the state of the paperwork, the court may still give leave to enforce the debt. Do bear that in mind when deciding on where to go from here.

[Karma14]

ok thanks would this have any bearing

CPR RULE 16

 

7.3 Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to

or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached

(but where the contract is or the documents constituting the agreement are bulky this practice direction

is complied with by attaching or serving only the relevant parts of the contract or documents

[sequenci]

Have they brought legal action against you?

[Karma14]

Yes they have and the judge agreed with them and issued CCJ

[BRIGADIER2JCS]

ok thanks would this have any bearing

CPR RULE 16

 

7.3 Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

In what form is this alleged agreement?

 

 

As all the terms & conditions are not present, the document does not comply with a CCA request, if it is stated to be a "reconstituted" agreement it does not comply in any way.

 

 

You should formally reject the document as non compliant with a section 77 CCA 1974 request, do Not explain why it is non compliant the sender will be well aware what's wrong with it.

 

 

Who is the creditor btw?

[Karma14]

Thanks for that is a alleged personal loan and the NW Bank

[BRIGADIER2JCS]

Thanks for that is a alleged personal loan and the NW Bank

What other evidence was submitted to the court to support the claim.

[Karma14]

A screen shot of a with single line Formal demand sent 11/11/11

again the account number is just visible and amount you can not make out

thanks

[Karma14]

by the way the judge also said although if would not make any difference to the outcome, that he gave us permission to view original document ./agreement

[sequenci]

by the way the judge also said although if would not make any difference to the outcome, that he gave us permission to view original document ./agreement

 

That's quite possibly true, given the date that you took out the agreement.