CCA Advice
w1ck3d
Posts: 84 Forumite
Good Evening All,
You might of seen from this thread, that I am currently helping close friends of mine, with minor debt problems, and bully boy tactics from the banks. Here is the previous thread http://forums.moneysavingexpert.com/showthread.php?t=3299604&highlight=w1ck3d
Cut a long story short, they went to court, I represented them, and the Charging order got sustained due to inconsistances in the evidence from the creditor, basically, they didn't do things right :T
Now paying back, at £100 per month, as they suggested and Mr Judge agreed.
Now for another one, which I need a little advice on, as not totally up to speed, yet. Mr Barclays "claimed" they owned so much, and I disagreed, so requested the CCA, and guess what, it is not signed but my friends, nor is it signed by the bank itself, which sounds a bit dubious to me. Here is a copy of the letter, word for word, and please any suggestions would be great, but I beleive they have a strong case of mis administration of accounts.
Dear XX XX XX
Thankyou for you request for a copy of a credit agreement and financial statment. We are pleased to provide you with a copy of your credit agreement and a financial statement. Sections 77 and 78 of the Consumer Credit Act 1974 (as amended ) do not require Barc Bank to provide you with a signed orginal form of the credit agreement and in accordance with the Act it is not the policy of Barc Bank to provide this.
Yours Sincerley
Bla Bla Bla
Now if I ask for a "signed" copy from them, with the creditors and the debtors "orginal" signature, to say that they both agreed to the payments and agreement, they must provide them? Yes have the agreement in front of me, and its not signed either by the bank nor by the customer.
What does that mean.
Many thanks in advance
W1ck3ed
You might of seen from this thread, that I am currently helping close friends of mine, with minor debt problems, and bully boy tactics from the banks. Here is the previous thread http://forums.moneysavingexpert.com/showthread.php?t=3299604&highlight=w1ck3d
Cut a long story short, they went to court, I represented them, and the Charging order got sustained due to inconsistances in the evidence from the creditor, basically, they didn't do things right :T
Now paying back, at £100 per month, as they suggested and Mr Judge agreed.
Now for another one, which I need a little advice on, as not totally up to speed, yet. Mr Barclays "claimed" they owned so much, and I disagreed, so requested the CCA, and guess what, it is not signed but my friends, nor is it signed by the bank itself, which sounds a bit dubious to me. Here is a copy of the letter, word for word, and please any suggestions would be great, but I beleive they have a strong case of mis administration of accounts.
Dear XX XX XX
Thankyou for you request for a copy of a credit agreement and financial statment. We are pleased to provide you with a copy of your credit agreement and a financial statement. Sections 77 and 78 of the Consumer Credit Act 1974 (as amended ) do not require Barc Bank to provide you with a signed orginal form of the credit agreement and in accordance with the Act it is not the policy of Barc Bank to provide this.
Yours Sincerley
Bla Bla Bla
Now if I ask for a "signed" copy from them, with the creditors and the debtors "orginal" signature, to say that they both agreed to the payments and agreement, they must provide them? Yes have the agreement in front of me, and its not signed either by the bank nor by the customer.
What does that mean.
Many thanks in advance
W1ck3ed
0
Comments
-
A "reconstructed" agreement can satisfy a sec 77/78 request.
However, trying to litigate on a recon is still dubious at best.
They either do not hold a copy of the original agreement, or can't be bothered to look.
I'd ask the question under CPUTR 2008, where they are not allowed to lie or mislead.
You could also try a subject access request at the cost of £10Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
A "reconstructed" agreement can satisfy a sec 77/78 request.
However, trying to litigate on a recon is still dubious at best.
They either do not hold a copy of the original agreement, or can't be bothered to look.
I'd ask the question under CPUTR 2008, where they are not allowed to lie or mislead.
You could also try a subject access request at the cost of £10
The word "reconstructed" doesn't appear anywhere, and when westcot got involved, then ran a mile, and pushed it back to Barc Bank..I have read somewhere, if they cannot produce an original document with signatures, then it is not enforceable, as it doesn't show that they both agreed to it, considering the amount.
Whats this CPUTR 2008 question, not heard of that one, plus my templates are at work atm, but I know there is another letter to send off after a CCA request if they cannot produce a signed agreement?
Many thanks
W1ck3d0 -
Hiya,
They won't mention "recon"
It's the usual trying to sidestep the issue and the assumption we are all morons and don't understand the law and know what to do.
Cases have been lost on recons, but usually because the debtor does not know how to defend properly....;) combined with a judge who knows sod all about the cca 1974, but is still judging on it.......:mad:
I'll give you a letter for a request under CPUTR 2008, but I'm cream crackered now, so will to it for you tomorrow pm.....:cool:Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
Cheers thechippy..its places like this, and people like you that makes the banks think like a Calander...
After Monday and Tuesdays, even the Calander thinks W T F
) 0 -
No prob dude, anything to shove one up the "honourable" lending institutions...........:rotfl:Happiness, is a Kebab called Doner.....:heart2::heart2:0
-
Here you go,
Dear Sir / Madam.
I acknowledge no debt to your company.
Your Ref:
This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.
I require your company to provide written confirmation that clearly states whether you currently do, or do not, hold an original compliant signed consumer credit agreement that pertains to myself.
For the avoidance of doubt, an original signed consumer credit agreement is just that; not an application for credit, nor a reconstruction from other sources.Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
Here you go,
Dear Sir / Madam.
I acknowledge no debt to your company.
Your Ref:
This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.
I require your company to provide written confirmation that clearly states whether you currently do, or do not, hold an original compliant and unadulterated signed consumer credit agreement that pertains to myself.
For the avoidance of doubt, an original signed consumer credit agreement is just that; not an application for credit, nor a reconstruction from other sources and not adulterated in any fashion.
Your a diamond, sorry for the late reply, but been out of the country on work.....Power to the People :T0 -
Hay Thechippy,
Thanks for your template. What happens now then, after I send that, where do they stand, if they cannot lie or prove it??
Cheers m8
W1ck3d:D0 -
They either have to say they do, or they don't, have an original signed copy of the CCA. If they do they'll have to provide a copy, if they don't, well... the debt is unenforceable.
IF they still take it to court without the true signed copy of the CCA, then your defence will easy to put together. However, CPUTR 2008 requests usually make them go very quiet.0 -
Cheers Gordon......Shall and wait and see what happens. :beer:0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards