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    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
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    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
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SLC Cannot Supply The Original Agreement


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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.

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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.

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  • 2 weeks later...

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

TOTALLY debt free as of 2007, Fantastic,

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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.

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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!

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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.

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  • 3 weeks later...
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

TOTALLY debt free as of 2007, Fantastic,

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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.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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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......

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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.

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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.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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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.

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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.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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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

TOTALLY debt free as of 2007, Fantastic,

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  • 2 weeks later...

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.

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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

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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This is a good thread, subscribing to it.

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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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.

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