Credit Consumer act section 77

Hairymarble_2

I have a loan and for the life of me I can't find my copy of the agreement, so I get in touch with the lender to request a copy. They say they need it in writing along with a cheque for £1.00, this I do asking for a copy of the agrement that I signed.

A few weeks later my cheque clears and then they send me a (poor) photo copy of the loan template, I get back in touch with in writing stating that what I requsted was a copy of the loan that I signed, or in other words "I want to see my signature on the loan agreement"

Today I get a letter back from the lender stating that "we are not obliged to provide you with the actual copy of the agreement holding you signature but we are obliged to supply you with a template copy"

Are they correct in what they are saying or talking bull?

Wutang_2

Hairymarble wrote: »

I have a loan and for the life of me I can't find my copy of the agreement, so I get in touch with the lender to request a copy. They say they need it in writing along with a cheque for £1.00, this I do asking for a copy of the agrement that I signed.

A few weeks later my cheque clears and then they send me a (poor) photo copy of the loan template, I get back in touch with in writing stating that what I requsted was a copy of the loan that I signed, or in other words "I want to see my signature on the loan agreement"

Today I get a letter back from the lender stating that "we are not obliged to provide you with the actual copy of the agreement holding you signature but we are obliged to supply you with a template copy"

Are they correct in what they are saying or talking bull?

Why specifically are you after the agreement?

Hairymarble_2

Wutang wrote: »

Why specifically are you after the agreement?

Becasue I can't find my copy as stated.

~Brock~

Hairymarble wrote: »

I have a loan and for the life of me I can't find my copy of the agreement, so I get in touch with the lender to request a copy. They say they need it in writing along with a cheque for £1.00, this I do asking for a copy of the agrement that I signed.

A few weeks later my cheque clears and then they send me a (poor) photo copy of the loan template, I get back in touch with in writing stating that what I requsted was a copy of the loan that I signed, or in other words "I want to see my signature on the loan agreement"

Today I get a letter back from the lender stating that "we are not obliged to provide you with the actual copy of the agreement holding you signature but we are obliged to supply you with a template copy"

Are they correct in what they are saying or talking bull?

They are quite correct. See here

Do you need the see the original to prove that it was actually you that entered into the agreement? If so are you saying that you didnt actually enter into the loan agreement at all?

If that is the case then someone may have committed fraud by taking it out in your name, and in such a case I assume that you wont have been making any payments under it, because I know I wouldn't!

Perhaps, however, it was you that entered into the agreement after all based on the first line of your post .."I have a loan...." . In which case, why do you need reminding of the fact?

PS - on the link, s.78 is the same as s.77 but for running account credit. The interpretation applies to both.

PC_Gabriel_Kent

Does the OP mean, yes i took the loan out, yes i have the money, yes i am going to spend it and yes im trying to find a 'loophole' so that i dont have to pay any of it back?

Hairymarble_2

PC_Gabriel_Kent wrote: »

Does the OP mean, yes i took the loan out, yes i have the money, yes i am going to spend it and yes im trying to find a 'loophole' so that i dont have to pay any of it back?

Why are you judging me like this?

Surely I am entitled to see a copy of the agreement that I signed? As I said in my opening post "I can't find my copy" and not being the expert that some of you posters are I was not sure if what the lender is telling is correct or not, so what do you do if you don't know the answer? You ask somone, which it what I have done.

And for the record the loan is paid back in full in the summer so I am hardly looking for a loophole, so come down off your pedestal that you sit so highly on.

~Brock~

PC_Gabriel_Kent wrote: »

Does the OP mean, yes i took the loan out, yes i have the money, yes i am going to spend it and yes im trying to find a 'loophole' so that i dont have to pay any of it back?

To be fair the OP doesnt say that.

s.77 is designed to give the borrower the right to see the terms of the loan they have entered into. The OP doesnt have a copy at present and is therefore entitled to ask for one. Whether the terms are presented as part of the original copy or some other 'reconstituted' version is immaterial for this purpose.

I am sure that if the OP's true intention was to find a way of worming out of their agreement then the original post would read something like...."I took a loan out and I dont want to pay it back anymore, can anyone help me to do this??............."

nottoolate

SAR for a proper copy

http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22

Hairymarble_2

Can any one tell me what OP refers to?

Cheers

Wutang_2

Hairymarble wrote: »

Becasue I can't find my copy as stated.

Again, for what purpose?

(and OP is original posteriser)

jamesd

Hairymarble, it's not likely that they have supplied a version that is inconsistent with the version that you signed. If you really do think that you signed a different one from the one supplied, the SAR request is one route or you can tell them of your concern and ask them to provide you with sufficient information to assure you that the one they have supplied is the one you signed.