SLC Cannot Supply The Original Agreement

[noomill060]

Sent my CCA request off to DCA at end of October, not a peep out them so far. another 9 days and theyre in criminal default.

 

I posted it by normal 1st class and retaib the certificate of posting.

 

According to Civil Proceedure Rules they are deemed to have recieved it the one day after posting.

 

Didnt want to give them option of not signing for Recorded Delivery.

[noomill060]

Try that again in English:

 

According to Civil Procedure Rules they are deemed to have recieved it the letter one day after posting. ie: the day after the next day after posting.

 

As I have proof of the date of posting the CCA, I count the allowed days from two days after posting.

[noomill060]

Cant help wondering if this isnt a bit, well, taking them on trust that they could get out of it by simply saying they didnt receive it, though.

[veryannoyed]

I agree with the above and send everything recorded - having said that, it seems to be good enough for courts to say "we sent you a summons, therefore we deem it to have arrived"

 

Goose and Gander?

[mcuth]

Cant help wondering if this isnt a bit, well, taking them on trust that they could get out of it by simply saying they didnt receive it, though.

 

Absolutely it is! When I'm wanting to make a big point, or send an institution something that's time-sensitive, I always send it a minimum of recorded delivery. Learnt that one the hard way once when I had a balance dispute with a DCA - got Trading Standards involved, but they wouldn't do anything til they got proof that the DCA had received the dispute letters. I had to send it all over again, wasting ~6 months. Gotta say though, that experience got me started on the "standing up for my rights" path

 

Cheers

 

Michael

[ecobabe]

what you could do is send a copy of the cca letter to them stating that it is a copy of what was sent to them on xx/xx/xx, and you are reminding them of their obligations,and date which they should have complied by; make sure you send it recorded though. however if you sent a cheque or a postal order if they cash it there will be a trail.

[soli2006]

what you could do is send a copy of the cca letter to them stating that it is a copy of what was sent to them on xx/xx/xx, and you are reminding them of their obligations,and date which they should have complied by; make sure you send it recorded though. however if you sent a cheque or a postal order if they cash it there will be a trail.

 

I sent a CCA to a dca & a S.A.R - (Subject Access Request) to a lender three weeks ago - both via 'recorded delivery' (Royal Mails 'signed for' service), neither of which have shown as being 'signed for' on Royal Mails track-and-trace online. I've even called the Mail helpline to be told they have no record of either letter being delivered. However - I've had an acknowledgement to my CCA (the reply to which is now well overdure by the way) & a partial response to my SAR. So both letters got delivered. Recorded delivery is less than reliable. I'm told registered post is better - but thats overkill for a letter really. And, a recipient can always refuse to accept a letter - and if they see your return address on the back, they may well do this.

[Peterbard]

I agree with the above and send everything recorded - having said that, it seems to be good enough for courts to say "we sent you a summons, therefore we deem it to have arrived"

Thought the civil proceedures only applied to items sent by the Court office.

 

Earlier Posting

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply-19.html#post319045

 

Regs Peter

[breadline]

I have received a new angel on my CCA request.

 

I Sent CCA request regarding a loan account as I was sold PPI but Lloyd's have never charged it on my loan and have never made a policy.

 

So i want to see the original agreement and nothing less..

 

The reply to my CCA was there is no original copy held with the loans department but we are retrieving the phone conversation held with the Loans department when you took out the Loan. So they are going to use a telephone recording to confirm no PPI when they admit thta i have papaer work form my S.A.R - (Subject Access Request) which acknowledges acceptance of my Loan with PPI and this is alos suppossed to cover my CCA request?

 

This is both CCA's they have now failed to cover.

One reply advising the contact experian as in post 793 and now this stunt with a telephone recording.

 

any one had similar as they have to be loosing the plot?

BL

[Number6]

It's becoming clear that LTSB have no clue at all.

 

They have not replied at all to my S78 request.

 

They ignored all my letters telling them not to hassle me about my overdraft (all charges) because the account is in dispute. Then they send me a letter saying they've spoken to SCM, agree the account is in dispute and they'll put it on hold. Two days later I get another letter demanding full repayment or else!!

 

Keep at 'em BL

 

Pete

[tamadus]

I sent a CCA to a dca & a S.A.R - (Subject Access Request) to a lender three weeks ago - both via 'recorded delivery' (Royal Mails 'signed for' service), neither of which have shown as being 'signed for' on Royal Mails track-and-trace online. I've even called the Mail helpline to be told they have no record of either letter being delivered. However - I've had an acknowledgement to my CCA (the reply to which is now well overdure by the way) & a partial response to my S.A.R - (Subject Access Request). So both letters got delivered. Recorded delivery is less than reliable. I'm told registered post is better - but thats overkill for a letter really. And, a recipient can always refuse to accept a letter - and if they see your return address on the back, they may well do this.

 

I had the same thing happen with an SAR recently, not signed for and yet it got delivered.

[tamadus]

I have received a new angel on my CCA request.

 

I Sent CCA request regarding a loan account as I was sold PPI but Lloyd's have never charged it on my loan and have never made a policy.

 

So i want to see the original agreement and nothing less..

 

The reply to my CCA was there is no original copy held with the loans department but we are retrieving the phone conversation held with the Loans department when you took out the Loan. So they are going to use a telephone recording to confirm no PPI when they admit thta i have papaer work form my S.A.R - (Subject Access Request) which acknowledges acceptance of my Loan with PPI and this is alos suppossed to cover my CCA request?

 

This is both CCA's they have now failed to cover.

 

One reply advising the contact experian as in post 793 and now this stunt with a telephone recording.

 

any one had similar as they have to be loosing the plot?

BL

 

Hmm does a telephone call constitute a properly signed and executed credit agreement? let me think ????

 

NO!!!!!!

 

I think they have total lost the plot now

[breadline]

 

Keep at 'em BL

 

Pete

They do my nut in 6y

Havent got the time for them they are such a joke.

Getting bored of sending letters and clearing up thier mistakes. I could sen 100 letters it makes no difference.

Dont realy know what to say to them anymore CCA dead end.

Will sit on it all.

It's stalemate untill they want some more cash;)

[Number6]

Soul destroying sometimes isn't it? I write letters to them and it's either as though my letters didn't exist, or they reply to something I haven't written in the first place

 

Pete

[tamadus]

I have had 2 calls from them today despite sending the latter No6 saw a few days ago and despite refusing to answer their security questions so I started letting into the latest and spouting the law and told him I was about to issue proceedings on them. He backed away very quickly admitting he was lost but would mark the account to not be called for a few days lmaoooooooo

[noomill060]

"Soul destroying sometimes isn't it? "

 

Thats what they want to do to you. Dont let them.

 

You are not a number- you are a free man.

[Number6]

"Soul destroying sometimes isn't it? "

 

Thats what they want to do to you. Dont let them.

 

You are not a number- you are a free man.

 

Don't worry about me, I don't let them get to me. Needs willpower sometimes though.

 

Pete

[breadline]

issue proceedings on them.

 

Thats what im looking for the next step to have my CCA actioned in court but it seem sits a dead end no one has crossed this bridge yet have they?

[Peterbard]

The reply to my CCA was there is no original copy held with the loans department but we are retrieving the phone conversation held with the Loans department when you took out the Loan. So they are going to use a telephone recording to confirm no PPI when they admit thta i have papaer work form my S.A.R - (Subject Access Request) which acknowledges acceptance of my Loan with PPI and this is alos suppossed to cover my CCA request?

 

Just a point thy may claim the agreement to be covered by the distance seeling act as hapened to a friend of mine.

Just point out that according to reg 5 of the DSR financial services to consumers do not apply and they have to opperate under the CCA1974.

 

Regs Peter

[Number6]

Thats what im looking for the next step to have my CCA actioned in court but it seem sits a dead end no one has crossed this bridge yet have they?

 

Not to my knowledge, no.

 

Pete

[noomill060]

peter- I believe tape recordings are not admissable as evidence in court anyway!

 

Who is to say if the recording has been edited in some way or even that it is a recording of who they claim it to be? All you would to do is deny that it is your voice, or at least refuse to confirm that it was your voice and they would be stuffed anyway.

 

Clutching at straws- it shows how desparate they are!

[Peterbard]

I used to be of the same opinion but i am reliably informed that this is a common missconseption

Recording a telephone call while either party has no knowledge of the recording constitutes covert surveillance. This includes third parties listening in, or one party recording without the other's knowledge is inadmissable.

 

But thease days most companies have an automatic warning at the begining of their reply.

 

Apparently recorded contracts are used in court quite frequently in order to uphold or challenge a contract.

Although this wasn't always the case and the judge usually asks for a transcript of the recording signed by the plantif.

I suppose when you consider the amount of direct debits that are set up over the phone it makes sence .

 

Regs Peter

__________________

[ecobabe]

have posted over in debt & baliff forum, but no answers yet. so i'll chance my luck here since this is where the brains seem to be! on the theme of not being supplied with agreement, company have admitted that it can't be enforced by court so I have sent LBA to them for return of money but nuffink yet and they are beyond the time i gave them. so...do i issue an N1 and if so how do i word it ? ta much

[tamadus]

Thats what im looking for the next step to have my CCA actioned in court but it seem sits a dead end no one has crossed this bridge yet have they?

 

I think most of us have ceased making payments and are sitting back waiting for them to respond now.

 

In my case I have instructed CCCS to not make payments on any accounts where a CCA request hasn't produced the full true copy. if it does appear by some miracle then they have the money to resume payment including those witheld.

[tamadus]

have posted over in debt & baliff forum, but no answers yet. so i'll chance my luck here since this is where the brains seem to be! on the theme of not being supplied with agreement, company have admitted that it can't be enforced by court so I have sent LBA to them for return of money but nuffink yet and they are beyond the time i gave them. so...do i issue an N1 and if so how do i word it ? ta much

 

Hmmmm brains? where ?

 

Again this is territory we haven't moved into yet. My personal inclination is to complete a paper N1 and send them a copy with a letter telling them it will be filed unless you recieve a satisfactory response within 7-14 days. But is anyone else has any good ideas I'd be open to them.