3x Loan Agreements

[Hitby]

Hi all,

Very interesting forum.

 

I would like to get copies of my Loan Agreements from GE Money, M&S Money and Citifinancial. I'm aware I can write and request under the CCA. Should I do this straight away or attempt to get copies via telephone first?

 

Just wondering how to start the process.

 

Many thanks in advance

 

Hitby

[rory32]

You need to do it in writing. Send it recorded delivery with a one pound postal order and do not sign the letter.

[Hitby]

Thanks for the reply, I intend to send this letter - does it sound correct?

 

**

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out within Section 78(1). If there weren’t any terms and conditions then please confirm this in your response

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the signature box and signature, to be omitted in a copy document, but that the copy document must be a ‘true copy’. This means identical in both form and content (including all prescribed terms as required), to the signed, executed, original agreement, as presented or sent to the debtor for signature.

I respectfully request that you provide a copy of the original agreement signed by me that you hold on file, and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement.

If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file

I look forward to receiving this information within the time frames as indicated above

 

Yours sincerely,

**

[rory32]

The letter's fine.