CCA sent out but incorrect

stcyrus

Morning.
Requested a copy of my credit agreement and after much waiting received a copy that i don't believe to be the original.
The loan was taken out before egg joined prudential and in the t and c it mentions prudential .
Also the signature box is a tick box which I believe is legal but again not from the loan I took out .
thirdly I have a partial copy of the original loan agreement on which the person signing for and behalf of the company making the loan is different from the one sent to me .
II would appreciate any advice or other peoples experiences in dealing with a similar situation .
regards

dunstonh

Requested a copy of my credit agreement and after much waiting received a copy that i don't believe to be the original.

They dont need to supply you the original. Carey v HSBC and others related to the application of section 78 of the Consumer Credit Act confirmed that they are allowed to issue you a reconstituted credit agreement.

endora

stcyrus wrote: »

Morning.
Requested a copy of my credit agreement and after much waiting received a copy that i don't believe to be the original.
The loan was taken out before egg joined prudential and in the t and c it mentions prudential .
Also the signature box is a tick box which I believe is legal but again not from the loan I took out .
thirdly I have a partial copy of the original loan agreement on which the person signing for and behalf of the company making the loan is different from the one sent to me .
II would appreciate any advice or other peoples experiences in dealing with a similar situation .
regards

Yes, there are many examples of similiar situations but without knowing anything about your loan it's hard to tell. When was it taken out? The year is very important, anything taken out after April 2007 is not worth bothering with CCAs due to changes in the law.

How much was the loan for? Are you still paying or have you defaulted? What are your intentions? To pursue unenforceability? To reclaim PPI or charges?

Was it applied for online? If so, The Consumer Credit Act 1974 (Electronic Communications) Order 2004 states that a tick box fulfills the role of a signature on online applications made after the Order came into force in Dec 2004. Before that, they would have had to send you paperwork to sign. So it all depends...:question::question::question:

endora

dunstonh wrote: »

They dont need to supply you the original. Carey v HSBC and others related to the application of section 78 of the Consumer Credit Act confirmed that they are allowed to issue you a reconstituted credit agreement.

Yes but only to satisfy a S77/78 request. Depending on the circumstances, a recon could still be argued if they tried to enforce in court. The OP hasn't supplied enough info.