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

[aBitofaPickle]

I'd be really grateful if anyone could take a look at this agreement and advise me on my next move.

page1opt.pdf

page2opt.pdf

[RubyRose]

Thanks for that I am not very familiar with the CCA and the various sections. I have downloaded it but i did not understand that banks could do that.

[mobileminx]

Ok. Here are all the documents that I received when I put in my copy of a credit agreement request. To me none of this look like a credit agreement. One of the pages does say credit agreement but there isn't any signatures at all. Another sheet says it's an application.

 

Please would somebody be kind enough to have a look and tell me their thoughts.

 

Many thanks in advance.

[mobileminx]

These are the last three pages.

 

Thanks.

[hsbcfiddled]

Sorry MOBILEMINX i cannot get to a size that i can clearly read them.

 

hsbcfiddled

[mobileminx]

Oops sorry.

 

Images are now HERE

 

Click the documents to see them. To resize the documents just click the view all sizes icon at the top.

 

Thank you.

[car2403]

Please start your own thread and post these up there, as you'll get more attention and specific information that shouldn't be posted here.

 

Just keeps the forums clean and tidy.

 

Post a link here once you've done that;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[hsbcfiddled]

Thats better.

 

Ok.

(1) This is an application form and is not acceptable on its own to enforce an agreement.

 

(2) The first line at the top of

Credit Agreement 04

 

states it is PRE-Contract Information

 

 

(3)

Credit Agreement 05

 

Is dated 12th January 2006 and states that the loan started THAT DAY.

 

(4)

Credit Agreement 02

 

Contains a box for you to sign and date- It is unsigned and undated

Below is the Banks space for the Manager to sign- It is unsigned However it is dated 12th January 2006 - Which is 7 days before they state the loan agreement was to start.

 

 

Please remember that I am not legally qualified and it is only my advice.

GOOD LUCK

hsbcfiddled

[aBitofaPickle]

I do have my own thread with these CCA in it, but have had trouble getting responses to that. I'd appreciate any input. Thread here

[mobileminx]

hbsc fiddled. Thank you for taking the time to look at that and post your opinion.

 

I am just about to complete the county court form and say that I am going to defend all of the claim and request a further 14 days to prepare my defense.

[Edz11]

Rubyrose - as has been mentioned, they can supply a copy of the agreement that isn't a copy of the agreement you signed... (if that makes sense). But, before they start court proceedings they had better have a true copy of the agreement showing your signature on a document with prescribed terms - otherwise game over. Contradictory eh?

[Goldlady]

Edz you have just given me inspiration as to what to say to the latest DCA on my LTSB card (AIC). I shall simply send them a sheet of A4 with my reference number on the top saying in extremely large print "GAME OVER". :lol:

[Goldlady]

And indeed to DLC/Hillesdens for my Barclaycard.

[RubyRose]

EDZ11 -so when am i supposed to get the original signed copy to make sure that it is the original. Are they supposed to disclose it to me before court proceedings. Surly they cannot produce it at the hearing as i would not have been given adequate time to consider its validity.

 

Ruby

[Honey1932]

Hi Ruby, thanks for that, which company are you dealing with?

 

I have managed to create a thread now but don't know how to link you there. Its under Cap1 won't send cca agreement without signature in the Cap 1 forums.

 

Honey

[hsbcfiddled]

Rubyrose and mobileminx. I sent this letter on my OH behalf to a solicitor acting for a DCA.

 

 

from; mrs hsbcfiddled.

4th December 2007

to; Solicitor

I DO NOT ACKNOWLEDGE ANY DEBT TO DCA

Dear Sirs,

I received today your letter dated 30th November 2007 and postmarked the 3rd December 2007 that was in reply to my letter to you of 12th November 2007

In your letter of 30th November 2007 you have stated that you refuse my offer of £1 per calendar month and suggest £5 PCM even though I have explained my circumstances to you in my previous letter of the 12th November 2007.

However, you appear to have overlooked the fact that my offer of £1 PCM was ONLY IF you were able to produce the original agreement in a court of law.

I have repeatedly requested ‘a true copy of the agreement’.

You are adamant that a reconstructed agreement is acceptable.

I accept that the CCA1974 does allow you to reconstruct an agreement, when requested.

But you must retain the original agreement- why not look up the relevant section in the Consumer Credit Act 1974? You should know! You’re the professionals!

If your client has decided to destroy the original agreement and is prepared to purely rely upon a microfilmed reconstruction then please proceed to court where you can try your theory out.

My advice to your client would be that you as his solicitors are wasting his money on a case that you cannot win without the original agreement.

When I appear in court I shall show the court evidence that I have repeatedly requested sighting of a ‘true copy of the original agreement’ and had it been provided to me my appearance in court would not be necessary.

I believe that you are wasting the courts, your clients, and my time.

I believe the refusal to provide a true copy of the original agreement is because you have NOT retained the original agreement and that by providing reconstructed copies from microfilm you hope to assuage me into further payments.

I repeat my offer of £1 per calendar month, BUT ONLY IF, the original agreement is produced for my or the courts inspection.

Produce it to me or produce it in court. The choice is yours.

You state that you do not intend to enter into protracted correspondence. Well that’s fine by me. Please accept this as my final correspondence in the matter.

Yours Sincerely,

mrs hsbcfiddled

 

I have had no reply to date.

The point of the letter being that should it go to court the judge would then see that you have done your very best to avoid the court action.

What do you or anyone else think?

hsbcfiddled

[RubyRose]

Honey1932 - I am not dealing with any particular company at the moment. I am just educating myself. I just don't have the guts like all of you here. I find it a rather daunting task, nevertheless prior to finding this site i had already engaged the services of a company to deal with these matters. It is extremely stressful and i don't like to find myself in constant conflict but i feel knowledge is power and i should know what those handling our money do to us.

HSBCfiddled thanks for sharing that letter yet again very informative. I hope by being around all of you on this forum i would get the nerve to challenge these organisations on my own steam - but right now i just couldn't deal with it.

[hsbcfiddled]

Try it.......its a great feeling giving them their own medicine..

 

Go for it.

[Edz11]

Ruby, see para 1.14 of this;Consumer Credit (Agreements) Regulations 1983 as amended by the 2004 Amendment Regulations

 

So you ask for this at the court stage or prior...

[stapeley]

hi chaps , just a quickie , is a form that clearly say,s SKYCARD APPLICATION FORM . And does not show the credit limit anywhere , a true signed copy of the CONSUMER CREDIT AGREEMENT ? thankyou .

[car2403]

hi chaps , just a quickie , is a form that clearly say,s SKYCARD APPLICATION FORM . And does not show the credit limit anywhere , a true signed copy of the CONSUMER CREDIT AGREEMENT ? thankyou .

 

If it's missing a credit limit, (a prescribed term) it can call itself what it likes but it ain't no consumer credit agreement.

[Honey1932]

Rubyrose, I know exactly where you are coming from, I am brand new to this and its making me feel ill. I started out asking for a cca in Oct and planned to take it from there, I am in the very early stages and have not got the bottle to let it go to a DCA, I don't want it to go that far.

 

If I could afford to carry on paying I would happily do so, I am looking at my opitions and hoping to settle for half the debt if poss. If it gets too tricky I will put it in the hands of a solicitor, especially if I find the agreement (when it eventually arrives) is unenorceable.

 

There is so many conflicting opinions, one minute I am up in the air thinking I have nothing to worry about, then someone comes along and puts me in despair.

 

Honey

[stapeley]

Just read post 419 thankyou very much !

[stapeley]

I shall now wait for the DCA, to risk going to court , which if they can read ,and have read the CC ACT ? I very much doubt !

[ian1969uk]

If it's missing a credit limit, (a prescribed term) it can call itself what it likes but it ain't no consumer credit agreement.

 

Is there a statement that they will determine the credit limit and notify you?