CCA requests....... finally

sourcrates

SPM87 said:

sourcrates said:

SPM87 said:

what makes you think the paperwork is legitimate? at that age the agreement has to be the ORIGINAL document not a copy or reconstituted one. 

The case of Carey v HSBC Bank plc (2009) decided otherwise.

my understanding and this was from legal advise is that any pre 2008 agreements still require original documentation... this case set a precedent for ones after this. 

Its never been a requirement for a creditor to produce the actual signed piece of paper in response to a s77/8 request.
They can reconstitute the agreement if they have records that are sufficient to allow that to be done honestly.

In other words they can reconstitute, but they can't just make any old thing up.
Whilst it doesn't have to be an exact replica in all ways it must contain the actual terms you would have signed and as varied over time.

SPM87

fair enough but these agreements are heavily flawed from that era... I would bet that paperwork would not hold up in any court.. they will discontinue before getting to court hearing

Blackhawk79

Hi everyone,

just thought I'd update you on what has happened with my Lowell credit card debt, the only ones that have managed to supply me with a CCA.

After many, many years of token payments my outstanding balance is £879, so I offered them what I thought was quite a low full and final payment of £150 and to my surprise they have contacted me to say they will accept it.

So I've got a settlement payment of just 17% which I don't think is too bad.
I've also asked them to confirm this will be a full and final payment, my debt will be cleared, my account closed and any outstanding balance will not be sold on to any other debt collection agencies.

Thanks again guys for all your great advice.👍

tigergambit

Well done, Blackhawk.

Really pleased for you.I though you would be rebuffed at £150, so great result.

Blackhawk79

Thanks tigergambit,

it was you that said I should go in with an offer of £150 so I appreciate that, otherwise I guess I would have offered more! 👍