SLC Cannot Supply The Original Agreement

[sequenci]

bloody hell!!

 

but that would be unenforceable due to missing prescribed terms!

[alanfromderby]

THINK THIS CAN BE DONE WITH A MORTAGE ? WHICH THE HOUSE HAS BEEN REPOSSED AND TRYING TO GET THE OUTSTANDING MONEY BACK. lol

 

No, as it is not an agreement regulated under the Consumer Credit Act.

[Guest Alison82]

You have to formally ask for the documentation under s77(1) and s78(1) of the Consumer Credit Act 1974. You should enclose a fee of £1. If they fail to send the original documentation within 12 calendar days they are in default and you do not have to pay them. If they fail to send the documentation then after 30 days they have committed an offence. While they are in default they cannot enforce the debt.

 

However, if you KNOW you have a loan and are paying it back etc, what grounds do you have for disputing the debt and therefore asking to see a copy of the signed agreement?

 

I heard about this a while back and spoke to the national debt line about it and was told that if you done this they could default you account.

[Movingon]

I heard about this a while back and spoke to the national debt line about it and was told that if you done this they could default you account.

 

Either you misunderstood or they gave you criminally inaccurate advice. They can only issue a default notice if you fail to pay.

 

You are entitled in Law to make the requests I refer to, and they can't do anything except reply to your request. Any default placed on your account as a result of a request like this should be vigorously defended.

[Moneydownthedrain]

Is the waiting period 12 working days?

moneydownthedrain

[alanfromderby]

Is the waiting period 12 working days?

moneydownthedrain

 

Yes

[baconbuttyman]

update....

got a confirmation letter last friday STATING..account is now closed and the debt is now written off and account balance is £0.00 owed, i then phoned them stating i have a copy of my credit file infront of me and told them i wanted the default removing asap, they said they would look in to it, got a letter today saying they have requested the removal of the default..hehe

going back to the point do i ask for the money back that i have paid to them, so i did, they said an offer will be in the post in the next 48 hours.......lol

[nearlyoldwoman]

Hi everyone, can i write to companies for a copy of the original agreement if i have paid off the debt. For example, there are 2 credit cards who i owe £0.00 to but had difficulty paying off. Can I request to get a copy of the original signed agreements and if they fail to comply, can I get them to repay the money that I paid to them??

 

Thanks for your help.

[Movingon]

update....

got a confirmation letter last friday STATING..account is now closed and the debt is now written off and account balance is £0.00 owed, i then phoned them stating i have a copy of my credit file infront of me and told them i wanted the default removing asap, they said they would look in to it, got a letter today saying they have requested the removal of the default..hehe

going back to the point do i ask for the money back that i have paid to them, so i did, they said an offer will be in the post in the next 48 hours.......lol

 

That is fantastic news BBM!! I had no idea they would capitulate so completely!!

 

Well done mate - have a pint when you get your money back!

[sequenci]

Hi everyone, can i write to companies for a copy of the original agreement if i have paid off the debt. For example, there are 2 credit cards who i owe £0.00 to but had difficulty paying off. Can I request to get a copy of the original signed agreements and if they fail to comply, can I get them to repay the money that I paid to them??

 

Thanks for your help.

 

i'm not sure that would be possible.

[baconbuttyman]

That is fantastic news BBM!! I had no idea they would capitulate so completely!!

 

Well done mate - have a pint when you get your money back!

 

money now being paid back that i paid them, as they cannot prove i owed them money. also any defaults ect they registered are being removed

hehehehehehe

[Tigs33]

Excellent news, good to see that they are paying the money back to you, did you ask them to??

 

I am about to write to two DCA regarding original contracts.

[Movingon]

Absolutely brilliant. Again, well done BBM - I'm well pleased when the plan comes together.

[lickthewallfatboy]

don't want to sound naive or anything here,but what happens if after 12 days without an agreement being produced,you write to the creditor denying the debt,stop payments etc etc,and then they come up with it?Are you still entitled to tell them to go away?

 

I just want to be sure of this......

[Movingon]

don't want to sound naive or anything here,but what happens if after 12 days without an agreement being produced,you write to the creditor denying the debt,stop payments etc etc,and then they come up with it?Are you still entitled to tell them to go away?

 

I just want to be sure of this......

 

After the 12 working days, you DON'T write to them. You just wait. After the 30 days you complain to Trading Standards. THEN you write to them saying "This debt is unenforceable, get rid of my defaults, and by the way you owe me (x) pounds paid to you against this unenforceable debt".

 

There is no point WHATEVER writing to them after 12 working days and gloating all over their arses for that exact reason; however after 30 days they have committed a criminal offence, and that puts a whole different light on things.

[Giveitback]

Sorry to be really dense, but is it 12 working days of receiving the letter?

 

I'm just wondering as I know that some companies take forever to open the letters, and can claim to be "really busy". If they're so ''busy' it takes more than 12 and then 30 days, is this just their tough luck then?

 

letter goes tomorrow.

[Movingon]

Sorry to be really dense, but is it 12 working days of receiving the letter?

 

I'm just wondering as I know that some companies take forever to open the letters, and can claim to be "really busy". If they're so ''busy' it takes more than 12 and then 30 days, is this just their tough luck then?

 

letter goes tomorrow.

 

It's 12 working days from them receiving the letter and payment; and they are deemed to have received it 2 days after you posted it.

[alanfromderby]

Just worth reminding everybody that it is essential you send these letters by recorded delivery. You can guarantee that the DCA will deny having received your letter if they think it will buy them some time.

[hagenuk]

money now being paid back that i paid them, as they cannot prove i owed them money. also any defaults ect they registered are being removed

hehehehehehe

 

Can I ask how much? To the nearest £100 will do, it's just that I am doing this with two credit card debts.

[baconbuttyman]

Excellent news, good to see that they are paying the money back to you, did you ask them to??

 

I am about to write to two DCA regarding original contracts.

 

i never asked them i told them what they were going to do cos they took my money, i threatened them with the law, and that taking money with out consent was theft.

go for it.........stick to your guns

[lickthewallfatboy]

can they enforce the debt if they send you a copy of the agreement after 12 days are up?First Direct did just this with me,and I want to be able to tell them to sod off!!

[Movingon]

They can enforce it now, yes. After 12 but before 30 days, they are only "in default" while the agreement remains missing. Once they find it, it's all back on track unfortunately; although you could still (if you wanted to) complain to trading standards about their tardiness. In these circumstances however TS would be unlikely to take any further action.

[Giveitback]

I keep readibng, but not seeing. I'm sorry.

 

Is it also 30 working days?

 

Is there an online version of the Consumer Credit act 1974 online somewhere?

 

Thanks

GiB

[deemacperth]

This is a good thread, subscribing to it.

[Movingon]

I keep reading, but not seeing. I'm sorry.

 

Is it also 30 working days?

 

Is there an online version of the Consumer Credit act 1974 online somewhere?

 

Thanks

GiB

 

No - 12 working days, 30 calendar days.

 

And I've been looking for The Act for AGES... if anyone DOES find it online without subscribing to a Legal Eagles website then please let me know.