Missing loan agreement document

rubber_budha

Hello,

I've come across an issue which I hope somebody can comment on, maybe with previous experience or possibly from a legal point of view.

A Lloyds join loan agreement contract that I think I've signed, not 100% sure, has been requested by me to be sent through the post so that I can check if I did sign it. I've done this as the relationship I was in when the joint loan was taken out has ended, so I need confirmation that I did sign it, even though I've made payments towards the loan since the split; so I'm not shirking any responsibility in making payments.

Basically, I've asked for a copy from the bank and so far, they're unable to provide me with one as they can't find it. Considering that this is a legally binding document, and there's no evidence of it's existence... I think you can all see where this message is coming from.

Could I make a complaint to the Financial Ombudsman and raise doubts about my signing of the document? Could the legally binding document become null and void if there simply is no trace of anybody's signature upon it? The document wasn't 'scanned' into their computer system so there isn't even an electronic copy of it. There's no evidence of signatures or even the contract itself.

Hope somebody out there can advise. Thanks in anticipation.

Apples2

You'll be lucky. Listening to far too many rumours.

rubber_budha

Thanks for your reply but I haven't done any reading on this issue. It occured to me today after very recently finding out the information detailed above so I thought it was worth asking the question. I've no idea if this a common problem or something unique. It would certainly be welcome news if the agreement was now null and void.

redpete

rubber_budha wrote: »

Considering that this is a legally binding document, and there's no evidence of it's existence... I think you can all see where this message is coming from.

Are you worried that if there's no evidence of the agreement that they might suddenly start charging you more interest than they might have agreed to originally? If so then it is unlikely and you are probably going to be OK.

zppp

rubber_budha wrote: »

Thanks for your reply but I haven't done any reading on this issue. It occured to me today after very recently finding out the information detailed above so I thought it was worth asking the question. I've no idea if this a common problem or something unique. It would certainly be welcome news if the agreement was now null and void.

Lenders are no longer required to produce the original agreement, but a true copy of the agreement which can be reconstituted, and does not have to bear your signature. It's basically a no-goer.

rubber_budha

Yes, I think you're right. It's unprofessional of the bank to have lost the agreement document in the 1st place as I see it as a valuable document proving the existence of the application and acceptance of that, particularly with the signatures. It's not good customer service so I'll be making a complaint to the bank.

I'm aware that the recreated agreement could differ from the original, more so in relation to the APR. If there is a difference which sees me out of pocket than should be the case then I believe that precedents have been set that the actual interest on the loan could be waived due to the banks error.

I'll request the recreated agreement and take it from there. If anybody can offer further advice then please do. Thanks for the help so far.

jonesMUFCforever

What has happened to your own copy?
What happened to the money lent? Did it go to your account or a joint account?

Apples2

Why don't you simply check your credit files to see if this loan appears?

All this talk of complaining and digging your heels in is pointless.

arazizi

The only way the lloyds call centre would have a copy of the original CCA if is the branch where the loan was done sent them a copy to scan into the central records.

If a copy was not sent to the loan centre the only other way to get a copy is to go into the brach where the loan was originally taken and see if they still hold a copy.

jonesMUFCforever

arazizi wrote: »

The only way the lloyds call centre would have a copy of the original CCA if is the branch where the loan was done sent them a copy to scan into the central records.

If a copy was not sent to the loan centre the only other way to get a copy is to go into the brach where the loan was originally taken and see if they still hold a copy.

It would be ironic indeed if he did this and found on the bank's copy that everything was above board and OP had not got a leg to stand on.

rubber_budha

I was looking for advice and not small minded sniping/ Thanks to those who have posted advice. The reason I don't have a copy of the agreement as in my original post I said that the relationship had broken-up... hence me not having a copy. I'm questioing the validity of it despite paying back a considerable sum of money to a loan that I didn't financially benefit from in one way. I'm not going to come on here and give someone the details of what happened about the why and wherefore of what happend there. That's maybe for a therapist

The vaildity is in question because of the lack of signatures. The branch don't have a copy as that's the place where my investigations began. I'm not on the make to get out of paying the loan; I have been doing for some time. Any unanswered question about it would benefit me and the ex. Call it generosity toward her on my part for solely trying to find out any advice / answers / help on this issue.