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CCA letter for unenforceable loans

hi all

i am a newbie

been looking in to this enforcable loan deal thing.

i am wondering how i go about writing a letter to my loan / credit card provider. they are both lloyds.

how do i go about writting off my loan or getting money back from it. i am not 100% sure what i need to do.

can someone give me the letters i need to send to my provider.

i would like to get back what is hopefully rightfuly mine.

please could someone help.
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Comments

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is no such thing. You borrowed the money so pay it back.
    Court cases have recently ruled that banks do not have to provide you with original copies of CCA agreements.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What makes you think you can have your loans written off and what makes yu think you can have back what you have paid already.

    You have spent that money, that money was theirs, they lent it to you, now you must pay it back. Full stop
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    nate24nate wrote: »
    i am not 100% sure what i need to do.

    Pay back what you owe.
    nate24nate wrote: »
    i would like to get back what is hopefully rightfuly mine.

    Your sense of personal responsibility?
    Gone ... or have I?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You've certainly got a sense of humour :rotfl::rotfl::rotfl:
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • mabski
    mabski Posts: 172 Forumite
    There is no such thing. You borrowed the money so pay it back.
    Court cases have recently ruled that banks do not have to provide you with original copies of CCA agreements.

    Your wrong
    They HAVE to provide you with a true copy but they must produce the original in court. so why if they actually do have the original copy bother to send a true copy?
    The law the banks are relying on here goes back to the days before photocopiers when some poor clerk had to produce a copy by hand but even then it had to be a true copy not the fabricated bs most banks try to pass off, a copy of an application form and a copy of their latest t&c's.
    you need a true copy to see if they actually have a legally binding agreement but if that agreement does not meet the legal requirements you owe them nothing, no loophole, no immoral tactics just the law of the land.
    Its the banks own fault for ignoring the law in the first place
  • ILW
    ILW Posts: 18,333 Forumite
    Did not a judge rule that a reconstituted agreement was good enough?
  • mabski
    mabski Posts: 172 Forumite
    I havent heard of changes to the cca and i cant see how that would be possible.It is written into the cca that they must provide you with a TRUE copy upon request not a reconstituted one .
  • jonnyd281
    jonnyd281 Posts: 569 Forumite
    Part of the Furniture 500 Posts
    mabski wrote: »
    I havent heard of changes to the cca and i cant see how that would be possible.It is written into the cca that they must provide you with a TRUE copy upon request not a reconstituted one .

    A recent ruling by a judge was that a reconsitiuted CCA was deemed to be a true copy of the CCA. He ruled that the debt in that case was enforcable. (And I think awarded costs to the Card Company).
  • carol01
    carol01 Posts: 568 Forumite
    even if a ruling was brought in it would only be valid from the date of the ruling they cannot change the past so they would have to provide a TRUE copy on request
    always smile no matter how broken you are.
  • mabski
    mabski Posts: 172 Forumite
    edited 27 March 2010 at 10:48PM
    jonnyd281 wrote: »
    A recent ruling by a judge was that a reconsitiuted CCA was deemed to be a true copy of the CCA. He ruled that the debt in that case was enforcable. (And I think awarded costs to the Card Company).

    How could they prove it was a true copy without having the original signed copy to go off
    the requirement for a true copy only applies when you ask for a copy under the cca the original must be produced in court if a judge has overuled this he should be sacked immediately as it gives anyone the right to write up imaginary agreements and then have them enforced through the courts.
    whats to stop some unsrupulous lender getting somebody to sign an agreement stating one apr then changing it and the reproducing the agreement with a higher apr?
    it makes a mockery of the legal system
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