Santander - CCA question

[camillamagnum]

Hello,

 

"I sent a CCA request to Santander re an old alliance and leicester loan taken out in 2005.

 

 

They sent me info saying:

Please find enclosed a copy of the executed loan agreement and Terms and Conditions as requested.

 

 

Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

we can comply with the legal requirements by sending you a copy of an agreement in the same form as the one that was signed,

but excluding the signature box, customer signature and the date of signature."

 

However, when I look through the papers I can see on page 2 of 6 that there is a signature box with my signature and date.

 

 

There's also a direct debit form signed by me.

 

 

So why then do they say it excludes the signature box,

 

 

signature and the date of signature?

 

I dont understand.

 

Any help please in making sense?

[SabreSheep]

Hi there

I have moved your thread to the correct forum so people can help you.

 

regards

 

SS

[theoldrouge]

standard templated reply, in addition to your agreement they should have enclosed the t&cs at inception and a simple statement of ac

[dx100uk]

so this is still with satans bank and not sold on to a dCA?

 

 

is it already paid off?

 

 

why did you sent the CCA request?

 

 

dx

[camillamagnum]

Thanks.

 

 

I'm not sure if they've supplied everything they should have or not.

 

 

What they have sent is 7 pages - one of which is the direct debit mandate I signed

- then there is the fixed sum loan agreement with key financial information re my loan, no of payments , total amount payable.

Then there's the t and c then a declaration ie use of my information etc.

 

 

I've been making token of £1 per month for years,

but I guess they have enough there to take me to court if I dont...

 

 

... I recently CCAd 2 MBNA credit cards that were with dcas and it turned out they were unenforceable

 

 

so I'm now trying to find out which debts have the paperwork and which dont!

 

 

I suppose as they havent passed this debt on to anyone else it's still legit.

[dx100uk]

well if its still with satans bank

I'd p'haps not stop paying them just yet

 

 

have you ever sent an sar to get all the statement

 

 

a loan from 2005 which is still running smells to me.

 

 

how much was the loan for in total cost to you

and how much have you paid them in total?

 

 

dx

[theoldrouge]

post up what they sent minus pers details

[camillamagnum]

I originally took out the loan of £10,153.67 in 2005, with total amount payable of £12,662.40 over 60 months. (No PPI). I now owe around £4,806.

 

I dont have a scanner but I could go to the Post Office tomorrow and get it scanned if you think it could help to have further info?

[theoldrouge]

by posting up we can check that all is in order

[dx100uk]

got a digital camera? mobile phone?

 

 

use that.

 

 

follow the upload

[camillamagnum]

I did try to photograph the docs with my mobile phone but it's turned out illegible unfortunately. I shall try to get it scanned asap then post it up. thank you.

[camillamagnum]

On this doc

there was my personal loan account number

my name and address on page 1 (which I deleted from copy).

 

 

My signature and date of signature was on page 2.

 

 

My personal loan account number was on page 3 and page 5.

 

 

They also included a direct debit mandate signed and dated by me.

[dx100uk]

that's not a cca its an application.

 

 

dx

[theoldrouge]

Imo,provided they included a simple statement of account, what they have sent would satisfy a s77 request

 

There may be a s60/61 argument re application form, but I think you would on balance

 

have a hard time convincing a court

[camillamagnum]

Thank you CAG for looking at this for me and for your opinions.

 

 

It's not really clear cut if it is an agreement or an application but at least you have been able to see what they sent me

and certainly they did not include a simple statement of account with the docs so actually they did not satisfy a s77 request

(though they do keep me updated regularly on this and have the information).

 

 

They said

 

 

"If you have any questions just give us a call".

 

 

Any ideas how to go forward with this one please?

[theoldrouge]

For now I would continue with your token payment and send a full SAR for all the info

[camillamagnum]

Will do. Thanks.

[camillamagnum]

Researching other cases of applications forms being sent instead of agreements -

I've read that yes, it does comply with s.78 & s.127(3)

-BUT it does not comply with s.60(1)

meaning this agreement is only enforceable by court order under s.65 (CCA1974)....

 

 

.... I am in two minds as to how to go forward now.

 

 

I have the same problem with the Restons CCA application:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?450598-Restons-HSBC-HFC&p=4780177#post4780177