LOAN AGREEMENT CCA1974 SEC 77-79 (Possibly Forgery?)

[e28bigalbexley]

Hi All,

I have a court case going on with the woolwich at the moment thanks to BAG and while browsing the forums i found a thread about CCA1974 so i wrote 2 letters (template libary) and sent my letter and postal order for £1 and waited...

 

 

Wrote to two companies about loan agreements on the 21st August 2006 one is well over the 12 working days limit (for a breech of the act) and i received a copy of their agreement today a freshly typed standard agreement with my details entered to suit, start date, finish date, amount of loan, amount of interest, x amount of months ect. But no signature, no Date of signature. I did phone and ask why they could not supply a copy of the original and the nice lady said 'what do you want it for' i told her i was entitled to the copy of the original agreement under the above act and she said 'well i will send a note that you have complained (she gave me a reference number) to the relavent dept and they will send you a letter in the next 5 days telling me what they will do about my complaint. Well on friday their 42 days are up, so they have ignored the act and will shortly be commiting a criminal offence.

 

Loan company No.2 sent a copy of the original agreement within the 12 working days but unfortunatley it bears no relation to the copy i hold ie: Signatures missing, dates dont tally,bits are missing, there are ticks where there should be crosses, and vise versa but most importantly my signature has allegedly been FORGED. And same thing Friday times up.

 

So i think i need to write letters to people this weekend but any of you letter writers who can think of some good paragraphs to go into a well structured letter would be appriciated.

 

Thankyou BAG

 

Alan:rolleyes:

 

[edited: beware of potentially libelous comments, they put this site at risk. Thank you ]

[Guest ian cognito]

Orged sigantures and you have a copy of the original agreement, don't think I'd be wasting my time writing letters - this is (allegedly) blatant fraud!!!

 

 

[edited: beware of potentially libelous comments, they put this site at risk. Thank you ]

[adamski]

Go to the police now!!!

[angry cat]

Good God!!!

 

Phone your local Trading Standards as soon as they open this morning and report this serious matter!

They will take the appropriate action.

AC

[e28bigalbexley]

Can any body else give me any more offical bodies to notify

 

Thanks Al

[veryannoyed]

This is (allegedly) very serious FRAUD with a very capiltal F ! - Although the police should obviously deal with it, they probably don't know one end of the CCA act from a blunt pencil, so I suggest local Trading Standards would be a good start.

 

Whatever you do, DON'T let your original agreement out of your hands, give people copies only as it might get mysteriously 'lost'

 

I had a court case some years ago where a publishing company tried to sue me for an advert I never placed. Their "evidence" comprised a forged signed order form. When it got to court I produced before the judge my passport, driving license and a handful of credit cards, needless to say the signature on the advertisment order bore no relation to mine. The judge wasn't impressed!

 

[edited: beware of potentially libelous comments, they put this site at risk. Thank you ]

[e28bigalbexley]

Hi all

Thanks you all very much for the advice your giving me.

 

Now, as my loan still has x amount of years to run can i ask them nicely what they intend to do about this ie: ask them to write off the loan and ask them to repay funds already paid to them then go to trading standards ,or as sugested go to Trading Standards then take them to court and get my money back or will they all be in prison

 

Cheers Alan.

[veryannoyed]

I think to say you have excellent bargaining power against them might be the understatement of the century. Obviously 'someone' is responsible for actually putting pen to the (alleged) forged agreement. They can't just blame the computer for this one if there's ink on paper! I don't know what the penalty would be on conviction for this kinda thing, but if I was the other end of it, I'd do virtually anything to keep this out of the hands of Trading Standards, and perhaps the Media even more so!

 

Good luck, not that you really need luck in this case!!

[Bookworm]

Please, please, please can we tread easy on the words used here and qualify them with an "allegedly" where needed.

 

Until it has proven in a court of law, the allegation of fraud is only that, an allegation, and posters put themselves and this site at risk of libel accusations.

 

Thank you for your understanding and cooperation.

[e28bigalbexley]

Thanks for the replys and i fully understand and agree where your coming from Bookworm, and i would not want to jepordise this this web site in any way.

 

I wrote asking for a copy of the original agreement because i was sure i did not ask for PPI (almost £1000.00) and yet it is on my copy of the agreement, call me stupid or whatever but due to cicumstances until i started looking at this website i did not realise there was anything i could do about it. I would really like to get somebodyelse's opinion outside of my family. I an say it is DEFINATLEY not a copy of the original as the act states.

I would send you a copy of my original (and theirs to compare) but being a carbon copy it does not travel well if you get my meaning .

 

So i think its off to trading standards Hi Ho.

 

Thank you

Alan

[Guest ian cognito]

Whatever you do, hang on to both those agreements!

[e28bigalbexley]

I have just drafted a letter to the credit company and would appriciate some comments please

Dear xxxxxxx

Thank you for your letter dated 5th September 2006 in relation to my correspondence of the 21st August 2006, requesting a copy of the original agreement under Consumer Credit Act 1974 Sec77-79 and enclosing the statutory maximum fee of £1.00 in the form of a postal order.

I am extremely concerned about the validity of the “copy of original Credit Agreement” which you have provided me with, as it contains several ambiguities when compared to my own copy. Therefore as of this date you have failed my request to supply the aforesaid original signed agreement copy in the timescale allowed by the Consumer Credit Act 1974 Sec.77.

Therefore I do not acknowledge any debt to xxxxxxxxxxxxxxxxx Ltd.

I will no longer be making any further payments against this ‘debt’ as it is unenforceable. I therefore request you cease taking Direct Debit payments from my Woolwich Bank Account immediately.

I also believe that xxxxxxx may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

This will also result in a report to the relevant statutory authorities.

I calculate you have taken 34 minimum payments of £151.37 since December 1 2003 TOTAL……£5146.58p

I require payment of this money in full within 14 days or I shall begin a claim against you for the full amount plus any interest under County Court Act 1984 Sec69 plus my costs.

Thanks

Alan

[CrispDust]

Looks good to me

Possibly?

"Therefore as of this date you have failed my request to supply the aforesaid original signed agreement copy...."

to

Therefore as of this date you have failed to supply the aforesaid original signed agreement copy, as per my request, in the timescale....

 

I would cancel your direct debit yourself.

[angeljen]

I'm gonna go ask for all my credit agreements!!!

 

Don't forget to go down the Woolwich first thing in the morning and cancel that Direct Debit!

 

Let us know how you get on. I am truely amazed with your 'alligations'. Interesting stuff!

[e28bigalbexley]

Hi all ,

 

Thanks for the comments ,D/D cancelled today , now i just sit and read and wait:shock: , well not strictly true i do have an N1 to format so i might have a go at that so tuesday week i can pop into the County court and file a claim:) .

 

thanks all

 

Al.

[Guest ian cognito]

Think it will get that far????

[e28bigalbexley]

HI jan

Hopefully not but better to be ready, and trying not to be condecending some of the people that work for these organisations probably have never heard of the Consumer Credit Act 1974 (although you cant tar every one with the same brush as the Capital 1 mob) now i bet i get told off for that.

Cheers al.

[e28bigalbexley]

Phoned Trading Standards explaining my problem on Thursday, someone will ring to arrange an appointment for early next week.

Cant Wait:cool:

[redsue]

any news on this e28bigalbexley? how did you get on?

[noomill060]

Funny how these threads just fizzle out when someone seems to have a credit company by the dangly bits...

 

They just get paid off with a very silly amount of money and sign a gagging agreement.

[e28bigalbexley]

No im sitting here with the agreement reading through the CCA thread. TS were a waste of time as we all know. The local constabulary dont want to know either. So now the majority of my bank claims are out of the way,now maybe i should find time to deal with this.

 

AL:D

[redsue]

ah the CCA threads! You should get through them all by Christmas

They are an absolute goldmine of information - I've a few CCA issues going on at the moment. I went to visit TS yesterday and the initial meeting I had with them was very positive, however, they have to pass the details onto an enforcement officer, so I'll wait and see the outcome of that one.

Have you thought about contacting someone in the financial press maybe?

keep us posted

[Todge]

noomill060

 

I quite agree - it seems that a growing number of s77/78 requests are being responded to with (allegedly) 'fabricated' or 'reconstituted' documents.

 

"a copy of the executed agreement" is what is being asked for - that's what you should get.

 

I wonder what Trading Standards did? Did it get that far? Will we ever know?

 

Hope so ...

[iconoclash]

Hi there - not only are companies coming up with documents that look suspect - in my own case they have come up with a financial statement, as they can make an enquiry, forget what it's called, to ascertain incomings and outgoings etc., and they have stated an income for me which is non existant - included letters to me in my DPA rquest file that I've never seen, and currently trying to take my house !!! - when will the judges penalise them?!

[sapper243]

I would like to ask for your help with a van that got handed back after I had to close my business. At the time of taking out the finance I had to get a silent partner to do the finance because of my poor credit history. I had the van for nearly two years( of a 5 year agreement) and had to give it back to the finance company as I was forced to close my business due to the recession. I ask for an assurance that the van would not be sold for less than book price as my silent partner would be liable for the balance but to my surprise the finance company told me that they would be coming after me!, I asked why that was as I had never signed any agreement, the finance company then produced a copy of the finance agreement with what looked liked my signature on it. Now, I asked if I could keep that copy of the agreement and the lady from the finance company said I could, I then proceeded to tell her that I would be contacting my solictior for advice on what appears to be a forged signature. I expalined that due to my poor credit history I would be unable to get a packet of smarties on tick let alone a £20K merc van. I told her that the merc company would of had to do a credit search on me first and other documents would of had to of been signed and etc, there is no record of any search or finance agreement with the finance company on my credit file, I have been to see my solictior and he has told me that it is a criminal offence and I should report this matter to the police but I am looking for a settlement that will be in my favour, i.e the van back or financial compo. Can you please advise on how to proceed