Partial CCA recived from Halifax/1st credit - more confused!

cocker100

Hi,

They did this to me when I requested my CCA several months ago. They sent me an edited copy and that same letter that they sent you.

I replied stating that it was my signature (well it was then, not anymore), but they failed to send me a true copy of the agreement. I am still waiting for it now and it has been about 4 month since then.

Do not reply to them like they want you to. Just send as letter stating that this is not what you requested and would like a true copy.

By the way, what was edited out of yours? On mine, which was a credit card aplplication with Morgan Stanley, they blanked out the financial details and the section about including ppi protection. I notice that they never blanked out the ppi part on yours.

Cocker:)

petermb_2

The section 77 CCA 1974 states " a copy of the Executed agreement". This does not mean a condensed or edited version. The executed agreement is that signed by both parties with all sections available to read.

Yet another fob off by the lender to delay and confuse.

Dot let them fool you

rog2

cortana wrote: »

These are links to all the pages received:

Cover: http://i43.tinypic.com/35kqydt.jpg
P1: http://i40.tinypic.com/27ynzeo.jpg
P2: http://i39.tinypic.com/2vvn8nt.jpg
P3: http://i40.tinypic.com/jv5hqv.jpg

Each page has a different style signature (although I've censored them and other personal information, you'll understand), and while the first one looks vaguely like my own, the others just don't flow at all.

Any advice greatly appreciated.

Hi cortana

As soon as I saw the name '1st Credit' :mad: the alarm bells started ringing.

• Do NOT send them a 'specimen signature' under ANY circumstances.
• It is the responsibility of the creditor/dca to prove that the person they are chasing is the actual debtor and not the responsibility of that person to prove otherwise: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
• Send them the letter that 'fermi' has posted above - Do not sign it with your usual signature - it is sufficient to simply print your name.
• The 12 working days, during which 1st Credit must, legally, provide you with a full copy of the executed consumer credit agreement, started on the day that they received your request. This 'letter' is, as stated above, a feeble excuse to divert your attention away from their legal obligations under the terms of the Consumer Credit Act, 1974.
• After 12 working days have passed, from receipt of your cca request, 1st Credit, providing that they have not given you a full copy of the original, executed cca, will be 'in default'. Even if, after this time, they come up with the full documentation, they will need to seek permission from the Courts in order to 'enforce' the agreement. At this stage, should they commence Court proceedings, you would be given the opportunity to tell the Court, through your 'defence' that you had requested the cca, yet 1st Credit had not complied with their obligations under the Act. A Court should question 1st Credit as to why they failed in their obligations and, unless given a very convincing answer, can judge the agreement as irrideemably unenforceable. At worst, should a Court rule in the favour of 1st Credit, then you would be given the opportunity to make an offer of monthly payments at a rate that YOU can afford, based on your income/expenditure. Any resultant CCJ would be just as binding on 1st Credit as it would be on you, so any further attempts, by them, to make you increase payments, etc., would be illegal.