Welcome finance can't provide CCA as they have shredded it?!

Cleosmum

Just had a rather interesting phone call, in which an account manager said he could not provide a full copy of my loan agreement, with T&C as they legally arent required to keep the T&C only the front of my loan agreement, I told him I was recording the call and asked him to confirm they couldnt provide it. He confirmed that he couldnt provide it because they shred all loan agreements once the front of the loan agreement has been scanned :eek: I asked what happens if they take me to court and they cant produce the original document, he said they dont need to produce the original, they only have to show a copy of the front of the loan, to show amounts and my signature.

I need a lie down....

Bunnyinthelights

Ask them for a copy of the scanned one?

Cleosmum

They can only provide half of it. They cant take any further copies as the original has now been destroyed.

Bunnyinthelights

Have you tried caling back and speaking to someone else?
They might just be trying to fob you off...
Other than that, im afraid I'm stumped!

fermi

Did you make a CCA request and receive a copy of this CCA?

Cleosmum

fermi wrote: »

Did you make a CCA request and receive a copy of this CCA?

I did not get a full response as it did not contain the T&C. They have passed both 12+2 and the 30 days and have stated today that they cannot provide what I am asking for, and that they are not bothered as they know legally they are not required to keep the original, nor provide me with the T&C. On monday they are transferring the account to a DCA, when I told them that they had defaulted he said that that was incorrect and they can do as they please.

fermi

So have they actually sent you the front page of the agreement?

Do you physically have it?

Cleosmum

I have a scanned copy of half the agreement, I am missing the terms & conditions. I asked the account manager for another copy and he told me that I should just refer to the one I had when I took out the loan and that the original has been shredded so he cant send me the full agreement.

immoral_angeluk

They.... SHREDDED it???

Convinient...

Cleosmum

Apparently its standard procedure, the documents go off to a scanning dept, once scanned they shred the lot. I thought they had to keep originals for 6 years after account close?

Cleosmum

Thanks Fermi, I use CAG for letter templates etc and from what I have seen on there the debt isnt now enforceable, heres hoping I can get them off my back they have been threatening and harrassing and have said on more than one occasion that I must take out a new loan with them to pay off this one.