Lost loan agreements

Nicolam1904

Hi, I have a loan with llyods tsb which I took out some years ago and I am still paying off. I recently requested a copy of my original signed agreement and they have written back saying they have misplaced the original signed document but have sent me a copy of the agreement I would have signed! the same thing has just happened again when requesting a copy of my husbands signed agreement with natwest!
How can the agreement still stand if no one has a copy of the signed original??? Does anyone know if I can do anything about this or do I continue to pay hoping that they haven't changed my agreement and done away with my original agreement??

:mad:

iolanthe07

How long ago did you take out the loan? If it was after April 2007 they don't have to provide the original signed agreement - they can 'reconstitute' one. You should have your own copy, anyway. You can hardly blame them for losing theirs if you've lost yours, IYSWIM! If the loan(s) are pre April 2007 you might be able to have them declared unenforceable if the banks can't find the documents.

Nicolam1904

It was back in 2000. I was young and didn't realise the importance of such documents lol and as times gone on and I've moved etc etc I havent a clue where they are now. I just assumed that as I was still in debt with them they would have a copy

iolanthe07

As the debt is now 13 years old and they have lost the agreement, I think you may have a case to have the remaining amount owed put aside. Is there much still owing? 13 years seems an extraordinary long time for an unsecured loan - have you defaulted over the years?

~Brock~

It doesn't matter when the agreement was taken out, a reconstituted agreement is fine and the debt still stands.

See Carey v HSBC 2009

nottoolate

http://www.bbc.co.uk/news/business-13349239

~Brock~

nottoolate wrote: »

http://www.bbc.co.uk/news/business-13349239

That story only applies if the lender is too stupid to be able to reconstruct an accurate version of the original agreement from its records.

It is not something that can be expected to be the case every time.

KennyLearmonth

I also have this issue with Amberloans, IF they cannot provide me with my CCA can I infact then request ALL monies back that I paid to them, and have the default/debt taken off my credit file?

DevCoder

KennyLearmonth wrote: »

I also have this issue with Amberloans, IF they cannot provide me with my CCA can I infact then request ALL monies back that I paid to them, and have the default/debt taken off my credit file?

No.

They'll just provide you with a reconstituted copy.

chanz4

KennyLearmonth wrote: »

I also have this issue with Amberloans, IF they cannot provide me with my CCA can I infact then request ALL monies back that I paid to them, and have the default/debt taken off my credit file?

Yes you can, also you must pay them what you took from them

DevCoder

Out of interest (pun not intended) if such an agreement was to be unravelled as though it did not exist would the borrower be liable for use of funds and thus be expected to pay either a) good value (which would be impossible) of b) inclusive of interest for use of funds, or would the lack of any CCA mean that it would just have to be returned to the state before the agreement happened?

Either way the capital amount would have to be repaid as you stated Chanz.