Advice Required Re: CCA

WhatDoIDo?

Hi,

I've searched the forum for other cases such as mine and found out a bit of info but a lot of it is in jargon I really can't get my head around and also I'm wanting advice in regards to my particular situation, so if anyone can help/advise then I would really appreciate it.

I'm currently paying my creditors through a Debt Management Plan with the CCCS and recently requested copies of my CCA's. I have received a copy of my Barclayloan CCA which has not been signed by myself or the bank.

I took out the loan of £17,800 in August 2006 within the branch (not over the internet).

I can't remember if I signed the CCA or not. But according to the copy of the CCA they have sent me, neither I or the bank have signed it. Does that make sense?

The loan has been passed over to Barclays debt collections services who are accepting my CCCS payments..

Where do I legally stand in regards to the loan and the CCA not being signed?

Thanks,

MissEyre

What did the letter say that they sent with the CCA?

If you are finding some of the 'jargon' confusing, there is a sticky at the top of the board called something like 'The DFW Dictionary' which might help.

As far as I know, a debt without a signed CCA is unenforceable, but I am not sure if this is exactly the same with loans as it is with credit cards. There are plenty of experts about, and I'm sure someone will be here shortly though!

WhatDoIDo?

Thanks for your reply

It came with a compliments slip with a hand written note saying:

"Copy of loan agreement as requested"


I find it hard to believe they would have given me a loan and not asked me to at least sign the CCA but if I had surely they would have sent me a copy of my signature :undecided

Cleosmum

It is a complete defence to any court action that may be brought. Has to be signed to be enforceable Now make doubly certain that you never send them anything with your signature on

stapeley

They may have sent a copy of there terms , has it got your other details on it ?

kel123_2

You need to thank them kindly for their responce but what they have sent you is not a copy of the original cca and therefore your original dated letter is still valid i.e dates. Send them a copy of the original for their conveniance.
When did you send the original? are the 12 days up (+ 2days Uk ave post) if so you can now include that because they have failed in providing a reasonable and lawful request that they supply a copy of the original cca, the account is now in dispute and in line with the Consumer Credit Act 1974 the following are instruments. List the sections such as no interest/penalties etc, and that they now have a further 30 days in which to supply the cca.

After the 30 days the account can only be reopened by a judge. A judge can not make a decsion with out a valid original cca. If how ever they take you to court because they find one LOL you can use the basis of british law "if you do not disclose any evedance that you rely on in court at a later date will be ruled as imissable" well something like that.

Hope this helps

WhatDoIDo?

stapeley wrote: »

They may have sent a copy of there terms , has it got your other details on it ?

It has my name, address, date of loan (30th August 2006) and all the loan details i.e. amount of loan; interest details; monthly repayments; total repayable etc.

It also has the boxes where I and the bank should sign.

Please see below: (I have blanked out my details for obvious reasons)

chappers

kel123 wrote: »

If how ever they take you to court because they find one LOL you can use the basis of british law "if you do not disclose any evedance that you rely on in court at a later date will be ruled as imissable" well something like that.

But if they disclose it before the hearing then you can't rely on that and they can use it as evidence.
Even if they only turned up with it in court, the best you would get is an adjournment for you to examine the CCA and I doubt you would even get that.
We are talking a CCJ in the county court here, not a murder trial at the Old Bailey.

kel123_2

Has judge dread said THE LAW IS THE LAW thats why banks employ tellers to act in court

Sorry for the sarcasum but the judge is bound to follow the same rules what ever.

WhatDoIDo?

chappers wrote: »

But if they disclose it before the hearing then you can't rely on that and they can use it as evidence.
Even if they only turned up with it in court, the best you would get is an adjournment for you to examine the CCA and I doubt you would even get that.
We are talking a CCJ in the county court here, not a murder trial at the Old Bailey.

Please excuse my stupidity.

So, if, for example, I said I'm going to stop my loan repayments and they tuck me to court. I could argue that the agreement is void (for want of a better word) because the CCA is not signed thus the loan is void. But if they produced a signed CCA (magically) my case would be thrown out of court and I would need to continue my repayments?

Yeh? :undecided

kel123_2

Not void; unenforceable (without an original signed cca) the debt is still there but they have no way of enforcing it through the courts. Then after 6 years (Eng and Wal) it becomes statute barred.