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Old Loans and CCA requests.

pressandgo
pressandgo Posts: 28 Forumite
Part of the Furniture 10 Posts Combo Breaker
is it correct that if the loan is finished and paid off then their is no legal requirement for the bank to supply them?

i am about to start a PPI claim - have no paperwork for two old loans going back to 2002 and have read that you rarely get the original CCA from a SAR request.

Comments

  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Yes, your right to a copy agreement under section 77 of the consumer credit act no longer applies when there is nothing left due to pay under the agreement.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf
    Sections 77, 78 and 79 set out a limited number of situations where the
    duty to supply copies and statements does not apply.

    It does not apply to an agreement under which no sum is, or will or
    may become payable by the debtor or hirer. It will therefore not
    apply where the agreement has been paid off and terminated.
    It will
    also not apply where judgment has been obtained, unless there is an
    interest-after-judgment clause in the agreement which the creditor or
    owner has not expressly waived. Where, however, the agreement
    has merely been terminated, but monies are or will or may be
    payable under it by the debtor or hirer, the OFT considers that the
    duty will still apply
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
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