Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[means2anend]

Look to s82A Consumer Credit act 1974 which incorporated EU Directive on assignments

 

[means2anend]

Below is an extract from Victoria Siempre from the 'my mate v mbna' thread hth

 

 

43 Regulation 36 of the EU Directive Regulations.

16. ASSIGNMENT OF RIGHTS

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

[DennisTheDog]

I applied to LLoydsTSB for a true copy credit card CCA . In the same letter I also asked if they had assigned the debt and if they had could they send my a copy of the deed of assignment - a company called APEX are chasing me. What they sent back was not a true copy, it had the wrong address on it and bears no resemblance to anything I've signed credit card wise. Also it bore what I could only describe as a tirade against me engaging companies that promise to write off debt with extracts from the ministry of justice etc. At the same time I sent of a SAR, duly signed on an anti-tamper seal, pretty sharpish - basically at the same time - I got a reply back with a form asking for my signature - or alternatively suggesting that I nominate a branch to pick up the data.

 

What do I do? I don't want to attend a branch under any circumstances, I already signed my request.As for the CCA what doI do now? It looks duff to me. I took out the credit card decades ago, they have always rolled over over the years, and I have never signed anything like that. It looks like they have taken an old loan agreement from a few years ago and super-imposed some credit card stuff on it.

 

PS. They totally ignored my question about the DCA APEX

[DennisTheDog]

Not sure how to reply to this duff CCA that they've sent me. The most blatant error is that it has the wrong address, as I had a credit card with them long before I lived there. Not sure I want to say specifically that though as it would just give them a chance to cobble up some other fraudulent document. Do I just say that it is not a true copy as it contains basic factual errors? What constitutes a true copy anyway?

[means2anend]

If it does not have the correct address at time of contract then as per HHJ Waksman in Carey v HSBC it is not an 'honest and accurate copy' and is therefore unenforceable in Court.....they can still hound you as per MgGuffick v RBS but they cannot enforce....

 

A true copy is explained in Carey v HSBC...but in essence it can be reconstructed from 'other sources' that existed at time agreement was executed'...for information purposes only......in order to prove that an original was executed they must provide that in Court.....test them as to whther they do have an originally signed executed agreement under CPUTR 2008

[SimonTheMonkey]

Apologies if this has already been covered, but I just want to double/triple check something.

 

I have a couple of outstanding debts with payday loan companies, which I obtained as stop gaps to get through a few problems. I had been paying them back without issue & then saw about the Consumer Credit Agreement.

 

I sent my first request on 4th of January stating the usual blurb about the CCA, but also stating that I am keen to arrange a payment plan should they be able to provide me with the CCA. I included the necessary postal orders & have copies of the proof of delivery inc signatures from their receptionists.

 

On 7th Feb, I then sent another letter - very similar, providing the proof of delivery to them again asking them to contact via post as this is my preferred method.

 

I am still getting texts, voicemails etc - but impressively, they have stopped sending me letters?!?!?!?!

 

As far as I can tell, I have asked for the CCA twice - making it clear that I am more than willing to come to an affordable arrangement when the CCA is provided.

 

Is there anything else I should do at this stage or just ignore the contact & wait on the relevant paperwork?

 

Thanks for any help / advice.

[means2anend]

hi back online...i need 2 catch up on the reading

[mikesmotor]

I would be interested if anyone has come across this before. I've had a long running session with RBS that's been bounced around several debt collection agencies and been finally sent back to RBS. I've had an account in dispute with RBS since March 2012 since I sent in a CCA request. What they sent me eventually, was a very heavily altered copy of an application form. Despite very lengthy correspondence RBS are now saying that under the Consumer Credit(Cancellation Notices and Copies of Documents) Regulations 1983 Reg.3(2) and 7 says that a true copy does not need to contain signatures or dates of signatures.

 

I've looked up the above regulation and there is a whole raft of requirements none of which appear on this application form. They now say that they are not entering into any further correspondence with me. Should I persist in writing to them or just sit tight and see what transpires.

 

Regards

Mike

[Gazza112]

Hi

 

Yes, have had and still getting replies from RBS.

They too sent me an application form saying this was and agreement, they've also passed it onto 9 dept collector companies. So i wouldn't worry to much about them if they cant send you a copy of the agreement. Mine's been going on since 2008, and they have now sold it onto a company which have sent me the same application form saying it is an agreement.

 

Gaz

[mikesmotor]

Interesting, thanks for your reply I'll be in touch if anything else turns up.

 

Regards

Mike

[Gazza112]

Hi All

 

Not been on here for a while as there was nothing happening on this thread.

But the Muppet's at 1st Credit have come out the closet again, received a letter from them today stating that all the information they sent complies to the consumer credit act and they want there money.

Here's a copy off the letter i received from them, any suggestions on the next move i should do with this.

 

 

 

 

 

[newt]

Can I ask a DCA for these documents for an overdraft that is years old that they are trying to get back ?

[paulwlton]

Can I ask a DCA for these documents for an overdraft that is years old that they are trying to get back ?

 

No overdrafts are exempt.

 

If you've not made any payments to reduce the overdraft in the last six years it maybe statute barred.

[dx100uk]

Can I ask a DCA for these documents for an overdraft that is years old that they are trying to get back ?

 

 

you need to

 

 

start a new thread

 

 

of your own.

 

 

dx