SLC Cannot Supply The Original Agreement

[Stopthethieves]

I believe you are correct Bev and I wonder if this is set out in Layman's terms in the library so the question shouldn't need to be asked again.

 

I might check..

 

Regards

[Giveitback]

AngryCat - I'd start speaking to FSA, Trading standards etc. if the time is up, report it.

 

Student Loans: Pre-1998 loans are bound by CCA. After that they changed the regs, and onw they seem to be bound by absolutely nothing. To be honest, I stopped research, as mine are pre-1998

[paulwlton]

CCA request template, (alter to suite)

 

Dear Sir madam.

 

I require you to supply the following documentation.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

------------------------------------------------------------------------------

 

This letter can be used for ther DCA if the debt is purchased, or the original creditor if the DCA is acting as a recovery agent on their behalf, if / when they have confirmed that they have the right to recover then you can evaluate your options.

[superam]

Hi guys, great thread.

I've claimed back charges from MBNA of about £900 but i still have a balance of about £4000. My question is can i carry out this action? or because i have been refunded unlawful charges does that make me exempt because i've acknowledged the debt? Your comments are very much appreciated.

[Number6]

I have a coppy of the Consumer Credit Act, and I'm familiar with sections 77 and 78 which are the sections stating the lenders responsibility to provide a copy of the agreement within the "prescribed period".

 

My problem is that I can't find any reference to what this prescribed period is. I know that several posters here have stated that it's 12 / 30 days and I don't doubt this, but I want to see it written down somewhere in the CCA. If I'm being a blind muppet and I've missed it then I apologise but if someone can tell me where within the CCA or elsewhere it states this I'd be greatful.

 

Thanks.

 

Pete

[pugsley]

I can't find any threads on internet credit agreements, can anyone point me in the right direction please, for catologues etc

[kateandpete]

I have a coppy of the Consumer Credit Act, and I'm familiar with sections 77 and 78 which are the sections stating the lenders responsibility to provide a copy of the agreement within the "prescribed period".

 

My problem is that I can't find any reference to what this prescribed period is. I know that several posters here have stated that it's 12 / 30 days and I don't doubt this, but I want to see it written down somewhere in the CCA. If I'm being a blind muppet and I've missed it then I apologise but if someone can tell me where within the CCA or elsewhere it states this I'd be greatful.

 

Thanks.

 

Pete

Hmm. 30 days is easy - except it's one month...

s.78 subsection 6 para b: "if the default continues for one month he commits an offence".

 

12 days is more difficult. "prescribed period". Well in the definitions at the end (section 189) it says, "prescribed" means prescribed by regulations made by the Secretary of State. This must mean it's in some other piece of legislation.

Where, i'm afraid i don't know.

[alanfromderby]

It is in a statutory instrument that I remember reading some time ago - unfortunately, I have not been able to find it again since.

[angry cat]

I hope this helps? http://www.consumeractiongroup.co.uk/forum/other-institutions/30430-morgan-stanley-defaulted-cca.html#post239976 Love AC

[angry cat]

I think this is the part that you are all trying to find! (2) Duty to provide Information during the lifetime of an Agreement at the request of a customer or surety. Points to Note:- If the trader fails to comply with a request from a customer or surety within one month from the end of the 12 days, he commits an offence. Until he does comply with the request, he is not entitled to enforce the Agreement. [End] The stated 12 days, are actually 12 working days. Thanks AC

[pcr1]

Had a letter from LXDirect last night relating to a CCA request in July! Read the letter "please find enclosed copy of agreement as requested" at which point I start getting worried... I'm sure I've never signed one... turn over the page and...

 

1. Agreement not properly formatted in the slightest, apart from the title.

2. Not signed by me, but my name and address is typed on there

3. Refers to the remainder of the conditions being in the catalogue, but no catalogue enclosed ("...and any other document they refer to")

 

Bunch of twits... must be a sly tactic. I'm going to write back to them, ask them to cease sending me letters and send a copy of what they sent to Trading Standards in Liverpool. I wouldn't normally grace them with a response but they're still chasing me (everything being filed away in date order for referral to TS and any harassment case).

 

For the avoidance of doubt for others: it must be a copy of the signed agreement (this is what is meant by "executed") - a blank copy is not acceptable, and it must be properly formatted (various tell tale signs such as credit breakdown if applicable, signature box with the wording "THIS IS A CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974. SIGN IT ONLY IF YOU WANT TO BE BOUND BY ITS TERMS." - mine just had a dotted line!)

 

Furthermore, without a signature, under s127(3) a court is not allowed to make a court order to uphold the debt. Totally and absolutely unenforceable.

[pugsley]

bump

[orfoster]

Rite, i think im gonna send off this CCA request.

 

NatWest sold me a loan under the age of 18, can anyone explain to me.....they have already told me they are unable to locate my original loan agreement but this was after i sent a SAR in.

 

I have found all my bank statements showing all the payments i made into the loan account and the loan account number. This loan was for bank charges i had. They charged me some high interest on it and it was a consolidation loan.

 

What i need to know is if they cannot find the original loan agreement (loan taken out in 2003) can i claim back the whole amount of the loan??

 

Also is it illegal to sell a loan to anyone under 18??? HELP please. I was 16 at the time and didn't realise it was illegal.

[orfoster]

I have drafted a letter that i am thinking of sending into NatWest with regards to the above. I will wait for some advice on the matter first but what do people think of this.

 

Data Protection Manager

Retail Regulatory Risk

2nd Floor

Business House B

GOGARBUREN

P.O.Box 1000

EDINBURGH EH12 1HQ

Monday 18th September 2006

Dear Sir.

Loan Account Number: XXXXXXXX

Consumer Credit Act Request

 

I require you to supply the following documentation after applying to yourselves for a Subject Access Request under the Data Protection Act 1998 you have failed to provide me with the information I have asked for. I therefore ask that you provide what I ask below:

 

1. I understand you must provide me with a copy of the signed agreement of a loan I held with you, this is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

I would like to add that you have until the 19th October 2006 to provide these documents to me at the above address otherwise I will without further warning report you to the relevant statutory authorities. If you have any questions or would like any more information on the above request I would ask that you write to me at the above address and I will respond accordingly.

Yours Faithfully

[JonCris]

1st you have mixed a DPA SAR with a CCA demand. The SAR fee is £10 & the CCA demand £1.

 

Go back to the templates & rewrite them. I suggest sending a CCA & after 12 days of non-compliance the are in default afetr a further 30 they have commited a criminal offence.

 

As you have your statements showing these unlawful charges wait until the deadline passes & then start to reclaim them plus all the loan payment monies + % as the whole of the loan was a consolidation loan because of unlawful charges then it is recoverable as is interest at a contractual rate.

should come to pretty penny

 

That aside & assuming they knew your age you cannot enter into a financial binding agreement until your 18. Also they are certainly guilty of irresponsible lending. This may be why they cant find your agreement

[orfoster]

Yeh i have tried that one, they know my age and i know i didn't lie when they let me have this loan. They kept on calling me, more than once actually.

 

I have already sent in a full S.A.R - (Subject Access Request) request you see and then they came back to me with all my information on other accounts but when i asked about the loan account they couldn't help me and say its lost. So im now wanting to send in a CCA request as i understand they have to follow it differently than a SAR request. I will prepare another letter. So the letter above isn't the right one?? Many thanks for your help......confusing stuff for me.

[pugsley]

I would really appreciate any advise on how to take on Open and direct finance my thread

http://www.consumeractiongroup.co.uk/forum/other-stores/31472-pugsley-land-leather-open.html

[JonCris]

Yes they do unlike the DPA SAR the CCA is very specific in it's requirements & to fail to comply within the specified time period is a criminal offence.

 

They want to fight you let that come out in court, I think not

[orfoster]

Thats what i thought, well hopefully i will get some nice money only problem is i can only find about £650 payments to this loan and im sure they gave me £900. Hmmm right i need to send this in, i'll send the CCA request into their Data Protection office as i think they will prob deal with it there. What if i don't know the contractual rate?

[JonCris]

The contractual rate will be in the banks T&C's. It'll probably be described as the "purchase" rate

[pugsley]

anyone know where I can find out a bit more about internet credit agreemtns and mail order companies, I have been googling like mad but nothing particularly relevant has come up as yet

[JonCris]

anyone know where I can find out a bit more about internet credit agreemtns and mail order companies, I have been googling like mad but nothing particularly relevant has come up as yet

 

Try here

 

http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html

[Tinkerbelle]

Hello everyone.........

 

Please start your own thread in the Legalities forum. Give it a suitable title Default removal/CCA Request/whatever [select one that fits] Yourname v name of organisation.

 

 

eg: CCA Request- noddy v redbus bank

 

When you have done that, I will arrange to get this post moved.

 

Thank you.

[Number6]

[Message edited]

 

Pete

[Number6]

Ahh... Tinks, our posts crossed.

 

Would you move my previous post into the new thread as well please and delete this one.

 

Thanks.

 

Pete