SLC Cannot Supply The Original Agreement

[lickthewallfatboy]

if it's 30 calendar days-I have just wiped an £1100 loan with Lowell Financial,and as First Direct didn't supply me with the agreement till 32 days,£2300 with them....

 

am I correct with the First Direct case here?

[lickthewallfatboy]

is this what your looking for Stonelaughter?

 

http://www.johnantell.co.uk/CCA1974.htm

[Movingon]

if it's 30 calendar days-I have just wiped an £1100 loan with Lowell Financial,and as First Direct didn't supply me with the agreement till 32 days,£2300 with them....

 

am I correct with the First Direct case here?

 

First Direct have committed a criminal offence in relation to this debt. Do you really think, having done so, that they will take you in front of a court to enforce it? You're not quite in the position where you can ignore it; they HAVE sent the agreement. However you are in an almost unassailable negotiating position; and a complaint to Trading Standards would get them on the hop to accommodate you, trust me!!

 

Lowell Financial can kiss your proverbial mate; you owe them nothing. Complain to TS straight away, and when that's done, write to them demanding the removal of any defaults they may have placed. If none, then I believe you can simply sit back and wave fingers at them... ignore them completely. Be smug - you've earned it!! If there are no defaults though, don't bother writing to them; simply let TS deal with it. If you have paid them any money, write them an LBA requiring the money returned; there IS NO DEBT and therefore any money of yours they have was obtained under false pretences. If they don't send it back, take them to court for it. But I think they will.

[Movingon]

is this what your looking for Stonelaughter?

 

http://www.johnantell.co.uk/CCA1974.htm

Fantastic how did you DO THAT?!

[Stopthethieves]

Cheers, have saved a copy of that. I now know what everyone else is talking about!

 

Regards

[lickthewallfatboy]

Fantastic how did you DO THAT?!

 

took me a wee while,but I used a few combinations of phrases on google.

 

and thanks v much for the comments and advice.I can't believe it was so easy!!

[pford]

Let’s see if i got this right posted cca request of to them on the 11 July had no reply from them the £1 payment was credit to my visa card on the 19th July so the 12 working days are up. Question is do i wait 30 days from the 11th when i sent the letter or when i know they got the money. They not even acknowledged the letter.

[Movingon]

Let’s see if i got this right posted cca request of to them on the 11 July had no reply from them the £1 payment was credit to my visa card on the 19th July so the 12 working days are up. Question is do i wait 30 days from the 11th when i sent the letter or when i know they got the money. They not even acknowledged the letter.

 

Your letter (and therefore payment) is deemed received two days after you posted it. Therefore your 30 days begins on the 13th July. What they choose to do with your payment when they receive it, is utterly irrelevant.

[pford]

Your letter (and therefore payment) is deemed received two days after you posted it. Therefore your 30 days begins on the 13th July. What they choose to do with your payment when they receive it, is utterly irrelevant.

 

thanks Stonelaughter

 

Worked it out they got till the 11th August to comply with the request them they committed a criminal offence. Just out of interest how they get punished for not complying.

[lickthewallfatboy]

I have drafted this letter to Lowell Financial-what do you think?

 

LOWELL FINANCIAL LTD

PO BOX 172

LEEDS

LS11 9WS

 

 

7 AUGUST 2006

 

 

Dear Sir/ Madam

 

Re agreement no. xxxxxxxxxx

 

I wrote to to you on June 30 via recorded delivery,requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974,enclosing the statutory maximum fee of £1 in the form of a postal order.

 

I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request.

 

I do not acknowledge any debt to Lowell Financial Ltd/Lowell Portfolio Ltd.

 

I will no longer be making payments against this "debt" as it is unenforceable. Lowell Financial has committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

This will result in a report being submitted to the relevant statutory authorities.

 

I calculate that since 30th April 2005,you have taken £927.90 from my account.

I require repayment in full of this money within 14 days or I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

Sound ok?

[Movingon]

LTWFB: Yes it's fine but don't forget the heading "LETTER BEFORE ACTION" and DO NOT state "you have now committed a criminal offence" - you are not a judge. State "I now believe that you may have committed a criminal offence".

 

pford: Trading Standards deal with it - they may well prosecute but I don't know what the punishment will be; possibly a removal of their CCA Licence.

[lickthewallfatboy]

much obliged SL

 

I caught that I was just about to go and post the letter!!PHEW

[ncf355]

LTWFB, this is gold!

 

Waiting with baited breath to see how this goes, im proceeding down the same lines with Egg/CSL (DCA)

 

If I get this right, CSL and EGG will be forced to remove a default AND pay me back about 6k!

 

[lickthewallfatboy]

hope you achieve full success!!

[kelvyn]

I have just sat and read the entirity of this thread and at the end confused with regard to my situation.

 

To clarify...

Do you need to be behind with payments/have your debt sold on or can you follow the procedure with an existing debt on which you are paying?

 

I could really do with wiping out several of my credit cards and loans, but even one would help. I do however make payments to them currently.

 

Could someone shed some light on this?

Thanks

[lickthewallfatboy]

I have just sat and read the entirity of this thread and at the end confused with regard to my situation.

 

To clarify...

Do you need to be behind with payments/have your debt sold on or can you follow the procedure with an existing debt on which you are paying?

 

I could really do with wiping out several of my credit cards and loans, but even one would help. I do however make payments to them currently.

 

Could someone shed some light on this?

Thanks

 

 

Do you need to be behind with payments/have your debt sold on -no

 

or can you follow the procedure with an existing debt on which you are paying?-yes

 

Could someone shed some light on this?-go for it-it only costs a quid a letter

[kelvyn]

Thanks for the reply.

Every quid counts when there are several letters to send

 

Still, better a quid spent and a thousand wiped out... than none spent and a thousand incur interest.. (probably a future english proverb)

[Tigs33]

Good luck, I reckon there are a lot of people with loans/credit cards where the loan company does not have a signed agreement. Especially if it was a few years ago.

[davisc02]

What if I have paid off a loan but they defaulted me on it but they cannot supply an agreement.

cheers

[pcr1]

Hang on a minute... the CCA1974 says in s.77(1) (same wording in 78(1)):

 

... shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it ...

 

What is the meaning of "if any"?

[pcr1]

This gets more interesting. Please tell me I'm wrong!! A credit card is, within the CCA1974, a "credit-token" agreement.

 

When they send you a new credit card:

 

85 Duty on issue of new credit-tokens

 

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

 

(2) If the creditor fails to comply with this section—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

(3) This section does not apply to a small agreement. [Less than £50]

 

 

I don't ever get a copy of the signed agreement with my new credit cards. So my lenders have committed offences (more than a month since the last new one)? Really??

 

What have I missed!?

 

Edit: new thread on this question started here.

[troy mcclure]

Im not sure where to post this but can someone give me some clarification.

 

I presently have a loan with the student loans company (scotland), if i were to request a copy of the original signed document and they cant provide it would this mean that the loan is unenforceable and could therefore be wiped? I am presently paying this off and have never defaulted but i would like to try and be free of it asap.

 

I also have a Citicard which im in the process of filling in forms for the small claims. I have had this card for nearly 10 years and this was previously with peoples bank prior to it switching to a citi card. Again if i ask for a copy of the original document and they cant provide it am i able to do the same as what i would like to do with the student loan?

[pcr1]

With SLC, no, as they are exempt from the Consumer Credit Act.

 

With Citicard, yes - you can make a request.

[troy mcclure]

With SLC, no, as they are exempt from the Consumer Credit Act.

 

With Citicard, yes - you can make a request.

 

With Citicard, does it matter that i am already trying to claim back from them? I have already had partial payment but they refuse to pay what they owe. I would rather put my small claim (the form has yet to be taken to court) on hold and try and get the debt made unenforceable and perhaps reclaim all i've paid.

[pcr1]

It doesn't matter but as you say if they default on the CCA request then the whole debt becomes unenforceable anyway.

 

I'm not too convinced about recovering amounts paid. The Consumer Credit Act says it's unenforceable from when they default, not before.

 

But I'm awaiting clarification on the s85(1) argument above; as you've had the account 10 years they will definitely have sent you a new card in that time so as far as I can tell they are in default anyway from then (unless they enclosed a signed copy of the agreement with the card, but I've never seen this done).