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Thread: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

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  1. #26
    Mic's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    They call it duty of disclosure Ministry of Justice Part 31 - Disclosure and inspection of documents.

    If a company wishes to bring any case based upon documents, they have a duty to disclose upon request. Most don't ask for this and many companies try not to provide documents unless specifically requested, which can be done, even in court. A judge may or may not ask the company to provide these depending on the case. If the documents have been requested prior to any court case, the judges apparently, from what I have been told, take a dim view of companies that do not provide this information.

  2. #27
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by mystery1 View Post
    They can go to court but they should be unable to gain judgement (enforce)

    M1
    Sadly this isn't always the case. https://paulatwatsonssolicitors.wordpress.com/

    Error 1) If a bank or creditor cannot provide the original credit agreement then they cannot enforce the agreement in Court. Also if they don’t have the original then they cannot reconstitute the agreement.

    This is incorrect. Even going back to Wilson v First County Trust (2003) UKHL 40, the Lords said that there must have been an agreement, signed by the debtor, however the Lords did not say that if the bank doesn’t have this agreement then they cannot enforce. There have been a series of judicial rulings which address this point.

    HHJ Langan in Lloyds TSB vs Mitchell that the creditor did not have to produce the original signed agreement, he pointed out cases such as the Iron Mountain fire where thousands of credit agreements were burnt and pointed out that if the creditor lost his agreement because of the fire, then it would produce an absurd result that would have left the creditors unable to enforce compliant and enforceable credit agreements. That was never the intention of the Consumer Credit Act 1974.

  3. #28
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by FlamingParrot View Post
    Sadly this isn't always the case. https://paulatwatsonssolicitors.wordpress.com/
    I never said they needed to comply with all that though. Just that which is described in Carey

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  4. #29
    Mic's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by FlamingParrot View Post
    Obviously the terms from inception which would form part of the agreement would have to be there but the varied terms which are meant to be supplied with a CCA request are usually just booklets. Thousands of copies are printed and sent out to account holders and they are not personal data so do not get sent with a SAR. These can also include PPI terms which are often in a separate booklet. The ICO publishes a detailed guide to personal data:.
    That link shows a pdf which is now out of date. As far as Edem is concerned, it is all about data protection and how the law applies, so is relevant, particularly when a company will try to use Durant to stop you getting information that is personal to you.

    As far as general information is concerned, you don't need a data access request, as they can and do throw bundles of those at you to try to obfuscate matters. These general terms and conditions however do have clauses within them and a specific contract, personal to you, should tell you which of these clauses apply in your particular case.

    Quote Originally Posted by FlamingParrot View Post
    If a bank's response to a SAR seems to have missing data, you can follow the process of complaining to the bank and then take it to the ICO, however, none of this has much to do with enforcement of the debt. :mmph:

    That's not a case relating to a money claim or enforcement of a debt which is what we were discussing in relation to CCA requests.
    No the first post in this section was about obtaining your credit information file under sections 77 - 79 of the CCA.

    Quote Originally Posted by Celestine View Post
    This is a basic request for a copy of your regulated consumer credit agreement which you are entitled to under sections 77 - 79 of the Consumer Credit Act 1974 (CCA)

    These sections cover lending such as;
    Fixed sum Credit (S77): Loans
    Variable Sum Credit (S78): Credit Cards, Catalogues
    Hire Purchase (S79): HP agreements

    nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts are NOT covered by the CCA.

    .
    I merely suggested that a SAR may be just as appropriate, but that has been answered.

  5. #30
    Adrasteia's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    The first post in this thread is from 2007 which is quite a while ago.

  6. #31
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Adrasteia View Post
    The first post in this thread is from 2007 which is quite a while ago.
    Ah, yes, but if you look at the bottom of the first post, you'll see the following:
    The CCA request letters HAVE been updated to reflect changes in legislation. :thumb:

  7. #32
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by strawberrybabe View Post
    If you enclose 1 pound as payment, how else to do it that you would not send a cheque? I mean, so that they do not see your signature...?
    My Mother signed a cheque for me as I didn't have a cheque book. Same name ans initial only Mrs instead of Mr.

  8. #33
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Postal order
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

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  9. #34
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    They did not reply to my CCA request back in February, they just said they needed a little time to provide this. Nothing heard from them since then, about 12 weeks ago, and I think I read that they are supposed to provide ths with 12 days. No paperwork has been sent to me at all to support their claim. Have I any grounds there? Thanks.

  10. #35
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by ssnsmudge View Post
    They did not reply to my CCA request back in February, they just said they needed a little time to provide this. Nothing heard from them since then, about 12 weeks ago, and I think I read that they are supposed to provide ths with 12 days. No paperwork has been sent to me at all to support their claim. Have I any grounds there? Thanks.
    Hi,
    from my personal experience it would seem they may have given up but may try again with another DC later if it is not already statute barred (6 years).
    If they do come back to you it would be a good idea to write a formal complaint to them, ask what they have done with your payment which was for the sole purpose of the CCA within the given time limit but which they have ignored. Anything else done without due diligence can be included in the complaint.
    Fingers crossed.
    All the best.
    sam

  11. #36
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    What is an anti-tamper strip and where could I get one...? Or does it just mean that I put some kind of watermark to sign on top of...? Thank you!

  12. #37
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Hawkster View Post
    What is an anti-tamper strip and where could I get one...? Or does it just mean that I put some kind of watermark to sign on top of...? Thank you!
    There you go; just copy/paste to whereabouts on your letter you want to sign.
    Attached Thumbnails Attached Thumbnails antitampersignaturestrip.jpg  
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  13. #38
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Hawkster View Post
    What is an anti-tamper strip and where could I get one...? Or does it just mean that I put some kind of watermark to sign on top of...? Thank you!
    There is really no problem with signature lifting it's all an urban myth.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #39
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Hawkster View Post
    What is an anti-tamper strip and where could I get one...? Or does it just mean that I put some kind of watermark to sign on top of...? Thank you!
    I see your question has been answered. Good luck.
    http://legalbeagles.info/library/ant...gnature-strip/

  15. #40
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Hi I have received a letter from Northampton county court business,to do with Lowell/cohen cramer solicitiors.

    To the defendant

    You have not replied to the claim form

    it is therefore ordered that you must pay the claimant £2563.57 for debt and interest to date of judgement and £207 for costs

    you must pay claimant total of £2563..57

    by installments of £50 per month

    I cant afford this, can I still send in CCA or is it too late

  16. #41
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by mtrigg View Post
    Hi I have received a letter from Northampton county court business,to do with Lowell/cohen cramer solicitiors.

    To the defendant

    You have not replied to the claim form

    it is therefore ordered that you must pay the claimant £2563.57 for debt and interest to date of judgement and £207 for costs

    you must pay claimant total of £2563..57

    by installments of £50 per month

    I cant afford this, can I still send in CCA or is it too late
    Good morning,

    Did you not acknowledge service of the claim?

    No CCA request sent?

    When was the judgment made?

    Once a judgment is made it supersedes the original agreement and the claimant has no obligation to provide the CCA.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  17. #42
    MIKE770's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    did you not follow due process on this one thru courts system?

  18. #43
    mtrigg's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    no, I suffer from mental health problems and have literally ignored everything that has come through my door for the last year and I'm now in a better place(mentally) and I m trying to sort out the mess I'm in. I don't have any knowledge about what I can do next.

  19. #44
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    This letter was dated 14th dec 2016

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