cca request

jansueir

sorry to be a pain but if I requested a copy of my credit agreement which was taken out in 2001 should I be sent a copy with my signature on or has this been changed

sourcrates

jansueir wrote: »

sorry to be a pain but if I requested a copy of my credit agreement which was taken out in 2001 should I be sent a copy with my signature on or has this been changed

Yes, this was stated in your last post !!! lol


Needs to be a copy of the original, signed, and containing all prescribed terms applicable to the account, within the same document.
The rules were changed in 2007, but accounts taken out before then have to comply with the above.

rizla_king

Reconstituted without a signature can be fine if an original did or does exist. For a request under section 78.

It's not allowed if there was never a signed agreement.

Better place to ask those sorts of questions is here http://www.legalbeagles.info/forums/

rizla_king

sourcrates wrote: »

Yes, this was stated in your last post !!! lol


Needs to be a copy of the original, signed, and containing all prescribed terms applicable to the account, within the same document.
The rules were changed in 2007, but accounts taken out before then have to comply with the above.

A request under section 78 does not require the true copy to be a signed one.

What will stand up in court is a separate matter to what satisfies a section 78 request.

Be careful not to mix up the two as they are different things.

sourcrates

Yes its not as simple as it may seem as there are legal precedence's that have been set, good advice to ask on legal beagles.

sourcrates

Basically OP, there are two issues here.
To satisfy a section 78 request, a reconstituted version may suffice, and it can be made up from information the creditor holds on you, however, if that agreement never existed, they cant fabricate one.


The other issue, as Rizla says, is what will stand up in court, should the creditor choose to go down that route, if they cant produce an agreement, they can provide evidence of your payments, for example, or anything else that would show that the account did exist, but they would need to prove to the judge that the account existed.


What usually happens, if there are paperwork issues, unless the creditor thinks they have a watertight case, they tend to shy away from court action.


It is always worth complaining to them that the paperwork is somehow flawed, as it does still, sometimes prevent any further recovery action.