CAA request updates / results part 2

never-in-doubt

fermi wrote: »

Does it contain the prescribed terms?

That is what we really need to know....

LOL, knowing MBNA they will be down the left hand side of the page and only half present...... thats the last one I seen (copied onto a copy - was awful)....

fermi

never-in-doubt wrote: »

LOL, knowing MBNA they will be down the left hand side of the page and only half present...... thats the last one I seen (copied onto a copy - was awful)....

MBNA are very bad, but they did actually issue some enforceable ones at one point. (probably in error :rotfl:).

Susie56

never-in-doubt wrote: »

Will you please go away - every one of your posts has been reported plus you don't have a clue (i've given up reading your silly posts)! :mad::mad:

Unfortunately for you the issue of whether prescirbed terms are contained within an application form/executed agreement if they are referenced to a booklet containing them which was provided to the debtor at the time of signature was determined at the Manchester preliminary issues trial last week in Manchester before HHJ Waksman. It was issue No 5 and a consensus agreement was reached.

I doubt you were in attendance at the preliminary issues trial so fail to see why you are so keen to rubbish first hand information. As they say a little knowledge is dangerous - particularly if others want to believe you.

stapeley

Susie56 wrote: »

Unfortunately for you the issue of whether prescirbed terms are contained within an application form/executed agreement if they are referenced to a booklet containing them which was provided to the debtor at the time of signature was determined at the Manchester preliminary issues trial last week in Manchester before HHJ Waksman. It was issue No 5 and a consensus agreement was reached.

I doubt you were in attendance at the preliminary issues trial so fail to see why you are so keen to rubbish first hand information. As they say a little knowledge is dangerous - particularly if others want to believe you.

Please provide a link so we can all read this Judgement !

never-in-doubt

stapeley wrote: »

Please provide a link so we can all read this Judgement !

Don't even react to this spammer mate - last night they went round posting a news article that Fermi posted last week (lol).... thinks they can just come in and tell us lot we know nothin :rotfl::rotfl:

There is no link as it never happened, well not according to the 'official reports' which is what i'd rather listen to on such an important issue....

dbambrough

new member. i posted a cca request to credit security over a week ago and today recieved a letter from their soliciter threatening court action. i also traced the postal order i sent them for £1.00 and found they have not cashed it. any ideas on how to proceed ?

stapeley

Their solicitor will be some office junior printing out headed note paper, standard stuff . You need to send account in dispute letter to them .

stapeley

My argument, all along has been ,
Please send me a true copy of any CCA correctly formulated and with my signature at the bottom . I do not want a tiny poor quality printout of a application form with notes scribbled all over it. I do not want a made up copy of a form that may or may not have contained some condition that may have been in use at sometime. It is a creditor responsibility to keep a record of all paperwork ,and it is a requirement of the CC ACT for them to do so and if they intend to take legal action ,produce it .

rog2

stapeley wrote: »

My argument, all along has been ,
Please send me a true copy of any CCA correctly formulated and with my signature at the bottom .

Actually, stapeley, they do not, legally, need to provide a cca with your signature. They must, however, provide a true and compliant copy of the original executed consumer credit agreement - not T&C.
Should the matter ever get to Court, then the Court can, indeed should, demand to see the signed agreement.
For a 'debtor' to be guaranteed a signed copy of the CCA the best approach would be via a Subject Access Request (SAR).

never-in-doubt

http://www.thisismoney.co.uk/credit-and-loans/dealing-with-debt/article.html?in_article_id=495575&in_page_id=62

Main points are highlighted below.....

A series of cases were heard in the Manchester High Court last week that addressed what constitutes a 'true copy' of a loan agreement. The Consumer Credit Act requires that a lender must produce this when requested by the borrower, but borrowers and lenders have been in dispute about what constitutes a 'true copy'.

Further cases will be used to explore this on January 7, at which the presiding Judge Waksman is expected to give his ruling, according to a court official.

Over the past year claims management companies have been promising to help borrowers to get out of their debts in exchange for a fee. Some have argued that this is possible if the lender cannot produce the original loan agreement. However, the Office of Fair Trading (OFT) has stepped into the argument to clarify the rules. It says the bank can produce a 'true copy' of the original agreement if it wishes, which is simply an exact copy of the wording of the agreement signed at the time and which does not need to contain the customer's signature.

This will satisfy the requirements of the Act, but lenders should not lie about losing the original documents and try to cover their tracks by faking a 'true copy', the OFT said.