mortgage company has failed to supply a copy of my mortgage agreement/contract

julie000_2

hi

my mortgage got sold to derbyshire home loans from kenisington

i wrote a letter requesting a signed copy of my morgage agreement/contract

i used the following wording ( got it off this site somewhere but cant find it again)
[FONT=&quot]Could I ask that you supply me with a true copy of the agreement? I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand that it is your obligation to provide me with a statement of account[/FONT].
[FONT=&quot]could I ask that you supply a signed true copy of the deed of assignment of the above referenced agreement? This is, I understand, an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

I hope to hear from you within the statutory time limit.

40 days on i still have not been provided with the request of the above
i have had letters of the following

a letter showing me my payments on my mortgage account
another letter enclosing a copy of my morgage offer - which isnt the right one anyway
a letter enclosing a copy of my welcome letter also stating that it completes my request.

Am i to take it now the 40 days have gone that they cannot provide me with a signed copy of my agreement/contract?
does this make it unenforceable?



[/FONT]

dunstonh

Am i to take it now the 40 days have gone that they cannot provide me with a signed copy of my agreement/contract?

The mortgage offer letter is the contract.

does this make it unenforceable?

No. What makes you think it would be?

julie000_2

mortgage offer is not a signed contract/agreement - does not contain their terms and conditions set out under the credit reference act 1973 nor does it contain any signatures or date as to when the mortgage was actaully set up/accepted.. it is titled offer not agreement or contract.
Under the new Sarn regualtory system they have to produce a copy of a signed contract/mortgage agreement.
i have other mortgages on buy to let properties and they have a signed and dated agreementcontract the same as if it is a loan of any sort

noh

As far as I'm aware mortgages are not regulated by the Consumer Credit Act 1974.
They are regulated by the Financial Services and Markets Act 2000.

If you wan't to find out if it is unenforceable stop paying.
What do you think the outcome will be?:rolleyes:

~Brock~

julie000 wrote: »

mortgage offer is not a signed contract/agreement - does not contain their terms and conditions set out under the credit reference act 1973

Sorry......the what !!??

julie000 wrote: »

nor does it contain any signatures or date as to when the mortgage was actaully set up/accepted.. it is titled offer not agreement or contract.
Under the new Sarn regualtory system they have to produce a copy of a signed contract/mortgage agreement.

What new Sarn regulatory system is this? Can you enlighten us please?

julie000 wrote: »

i have other mortgages on buy to let properties and they have a signed and dated agreementcontract the same as if it is a loan of any sort

What do you hope to acheive here - a free house?

I can't help but have this image of you being dragged out of the courtroom, after the repossession hearing, shouting..."but Martin's website told me I didn't have to pay.....!!"

Seriously though.........if you are planning on taking your mortgage company on, you need to be slightly better equipped than you appear to be right now.