Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[JonCris]

zander As well as reporting them you can issue proceedings for non compliance with your request. If you wait for the OFT or TS you'll wait forever

[zander]

Hi JonCris, reading gizmos posts earlier, it would appear that going down the route of court proceedings would be counter productive as the courts would award victory to the creditor should they produce the cca in court?

[monopoly23]

You should read what Laiste has to say on that matter- http://www.consumeractiongroup.co.uk/forum/general-debt/90840-ccj-ge-money-have-2.html#post860686

You would have harassment, breaches of DPA, defamation etc against them.

[JonCris]

Hi JonCris, reading gizmos posts earlier, it would appear that going down the route of court proceedings would be counter productive as the courts would award victory to the creditor should they produce the cca in court?

 

 

If they produce it they produce it. Lets cross that bridge when we come to it. The problem is if you later complain to the court they will quite rightly wonder why you haven't done anything before.

 

I say this again if they default you MUST do something. Don't try use it as some sort of retalitory action. The court will no more like your tactics as they like the banks who act in this way

[ian1969uk]

Just to clarify, a creditor does not need the permission of the court to enforce an agreement if they produce it after they have committed an offence. As soon as they produce it, even if it's months after the CCA request, they can enforce again from that date (ie they can't ask for payments for missed months due to their non-compliance, nor should they have been adding interest).

 

There is nothing within the CCA 1974, nor subsequent regulations, that states that they need the court's permission to enforce once they produce an agreement after the allowed timescales.

[zander]

JonCris, I have reported them to Trading Standarda in the first instance & OFT & will see if they do have any bite. ian1969uk, thanks for your clarification. I'm aware that the creditor can enforce upon producing the cca, however, what fines can be imposed upon them by the powers that be?

[JonCris]

On summary judgment the Standard Scale of 4. Fine of £2,500 and or 3 months imprisoment

[bluedannyw]

I have reported Capquest to Trading Standards in Hampshire and The financial Omdudsman Service. Is it worth trying the OFT too? I can not find how to complain to them or The FSA.

[monopoly23]

Quick question if anyone knows. I am about to send off 3 CCA requests to Lloyds for two loans and a gold card. They are all to the same address. Would it be acceptable to put them all in the same envelope with a £3 cheque? Or 3 £1 cheques? Or should I send them all separately?

Thanks.

[monopoly23]

Anyone? I'd really like to get these posted asap

[bluedannyw]

I can't see a problem with putting them in same envelope.

Maybe better to write out 3 cheques as they may need to go to 3 different departments. The loan one's would probably go to their loan department in Peterlee not sure about the gold card. My TSB Mastercard dealings for unlawful charges went to Brighton. But if you send to Colmore Row in Birmingham they should find there way to the correct departments.

[paulwlton]

Quick question if anyone knows. I am about to send off 3 CCA requests to Lloyds for two loans and a gold card. They are all to the same address. Would it be acceptable to put them all in the same envelope with a £3 cheque? Or 3 £1 cheques? Or should I send them all separately?

Thanks.

 

I personally would make separate requests with separate £1.00 postal orders.

 

Paul

[Cornucopia]

I can't see a problem with putting them in same envelope.

Maybe better to write out 3 cheques as they may need to go to 3 different departments. The loan one's would probably go to their loan department in Peterlee not sure about the gold card. My TSB Mastercard dealings for unlawful charges went to Brighton. But if you send to Colmore Row in Birmingham they should find there way to the correct departments.

 

Hello,

 

I personally would send them separately, there is too much room for error, especially with one cheque. I know the additional expense of sending each one recorded is a pain, but at least you have proof of what was sent when and if I were you, I would write on the recorded slip exactly what each one is for so that if anything goes missing, you know what is what.

 

Just my opinion, but I don't trust them one iota!!!!!

[monopoly23]

Well they're all my fiancee's accounts. He rang to cancel PPI on the Gold Card the other day and they told him to send all these letters to Lloyds TSB Bank plc, PO Box 13130, 1-9 Gloucester place, Brighton. I'll just do 3 cheques and send them all there.

If they do get passed on to a different dept. will that mean they'll have longer than the 12+2 though?

[monopoly23]

Ah just seen your post cornucopia. Hmm not so sure now...

[yaffsimone1]

Quick question if anyone knows. I am about to send off 3 CCA requests to Lloyds for two loans and a gold card. They are all to the same address. Would it be acceptable to put them all in the same envelope with a £3 cheque? Or 3 £1 cheques? Or should I send them all separately?

Thanks.

 

 

Send postal orders if you can, maybe i am bit paranoid but giving them your signature (on the cheque) is not a good idea!

[bluedannyw]

I sent off to this address to claim my PPI charges from an old loan with Lloyds:

 

Complaints Department

Personal Loans Service Centre

Lloyds TSB

PO Box 43

Peterlee

County Durham

SR8 2YQ

They could not find my agreement so they paid me out for PPI. so there is a chance they won't find yours too.

[Cornucopia]

Ah just seen your post cornucopia. Hmm not so sure now...

 

I really wouldn't hesitate with this Monopoly, although as Yaffsimone says, I would be inclined to send postal orders rather than cheques. I think you should treat the three separate CCA requests as such. There is too much room for confusion, it will be easier for you to keep track of and it gives the creditor very little wriggle room. I know there is additional expense but in my view, this is money well spent.

[monopoly23]

Thanks for your input everyone. Ive sent the lloyds ones to the address you provided bluedannyw, thanks. £12.24! in total lol. Could save us thousands though so yes, money well spent.

[monopoly23]

Send postal orders if you can, maybe i am bit paranoid but giving them your signature (on the cheque) is not a good idea!

 

Don't you sign the bottom of the letter?

[robert_harper_2000]

OK I have read most this, however once they have failed to provide the agreement failed to so much as contact you- What should you do, I imagine they will phone up and say please pay and send letters with unlawful charges? You shouldn't seem to Legally smart but we should say ... ' where is my agreement? '

[plymss]

Send postal orders if you can, maybe i am bit paranoid but giving them your signature (on the cheque) is not a good idea!

 

I have signed everything with a unique signature purely for all bank charges enquiries. It varies from my usual signature very slightly and it is not noticable to the untrained eye, so if any so and so tries to scan an image of my signature onto an 'original agreement' or anything else, I will know.

 

then there will be trouble

 

Infact, I hope they do.

 

plymss

[Goldlady]

plymss, so glad i read your post as i was just about to send two cca letters in the morning. One is to Lloyds TSB who are being totally intransigent when all my other creditors have accepted reduced payments - obviously in view of their supposed victory they think they are entitled to behave totally out of line. Like the person who posted above I am only taking this action with card companies who will not help. Am now reprinting letters for new signature and will be sending postal orders too. I learn something new every day. (added later - did send cheques in the end as can prove they banked them - but did my new slightly amended signature on them too)

 

Thanks guys

[Jhawc24]

I was reading through these threads and found that bank overdrafts are not covered by the CCA agreements.

 

I have put all my debts on an administration order application, but one keeps writing to me every couple of days adding a £15 charge on each time. It's for a credit agreement that covered car insurance which I arranged on line - I never signed any paperwork. Can someone advise me whether these type of finance companies need to have a cca signed by me?

 

Regards, Joan

[miss muppet]

Sorry to disagree but bank overdrafts are covered, look under the forum search Consumer Credit Agreements Resources/workshops, think the thread is on 2nd page and its in there somewhere, Hi to you in BOT, not far from you, can you still smell the beer and marmite?