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

[redsue]

ha ha - thanks - its been a long day

[martin douras]

i have one question?

is gismo a bank manager??????

[redsue]

why do you ask - gizmo is a moderator on this site

[martin douras]

yes i know, i am surprised somewhat at the negativity in the retoric. nothing ventured nothing gained surely should be the motto of this site. arguing over legal points when no benchmark is set seems rather too negative an attitude for me. reading this at the time, agree with the comments of another poster who said the comments could be misconstrued by visiting new comers and possibly put them off altogether. that is why i made the rather sarcastic remark (apologies) i just dont think the banks need friends, they are the modernday highwayman of our time.

[redsue]

Anyone care to take a look at the 'credit agreement' MBNA have sent me from 1993 - very impressive!

But I think there are a few things missing....

Quick quiz, can you spot the missing prescribed terms bag of toffees for the winner

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-2.html#post930517

[itsamomentintime]

We were harassed so much by them we moved out of our own home and put it up for sale to pay them off. Thank god we found out about the credit agreement before we sold! We moved back home and told them to get stuffed and that they would get there money in line with other creditors.

 

because of sites like this, you have seen the light

 

but how many others would have gone through with the sale, because they dont know their rights?

 

your situation highlights the good work that this site does

 

and i am glad you didnt have to sell your house!!!!

[Goldlady]

OK, have just received letter in response to my CCA letter saying that they are awaiting a copy of my original agreement with the card co but if they can't find it they will be able to supply 'a true copy of the document which will comply with s78 of the CCA'. Now going off to read the CCA again! Surely if that were the case then no-one would have succeeded so far? All they need to do seemingly is print off a standard agreement, unsigned, which I think is missing the point. Any thoughts?

[redsue]

If they can't find a copy of the orginal agreement - then how can they produce a true copy of that document to comply with s78?

Do they plan to get out the scissors, glue and sticky tape?

[Pliny the Penuriosus]

Probably redsue & it's being done right now I understand in certain places but only in the strong belief it complies with the law you understand

[rory32]

OK, have just received letter in response to my CCA letter saying that they are awaiting a copy of my original agreement with the card co but if they can't find it they will be able to supply 'a true copy of the document which will comply with s78 of the CCA'. Now going off to read the CCA again! Surely if that were the case then no-one would have succeeded so far? All they need to do seemingly is print off a standard agreement, unsigned, which I think is missing the point. Any thoughts?

Supplying an unexecuted copy of the agreement would fullfill their obligations of the CCA request. However, the document in question would be unenforceable.

 

If they supplied you with an unexecuted copy and they went to court and suddenly produced an executed copy you should be able to get the case thrown out on the grounds of disclosure.

[gill5blue]

is there a template to use when they have gone 2 plus 2 plus 30, I have not recieved my CCA from woolwich and the date ends 5th july, I want to have my letter ready to post on that date

cheers

[Bookworm]

yes i know, i am surprised somewhat at the negativity in the retoric. nothing ventured nothing gained surely should be the motto of this site. arguing over legal points when no benchmark is set seems rather too negative an attitude for me. reading this at the time, agree with the comments of another poster who said the comments could be misconstrued by visiting new comers and possibly put them off altogether. that is why i made the rather sarcastic remark (apologies) i just dont think the banks need friends, they are the modernday highwayman of our time.

 

 

Well, it's not, thank godness. "Reclaim the Right" is the motto of this site, and underpinning it all is that we keep the moral high ground at all times. And that means that from CAG's point of view, if you have a debt which you know you owe, then you have a moral duty to repay it. CAG does not condone debt evasion "simply cos you can".

 

And no, I am not a bank manager or a debt collector either. (I probably would be a lot better off financially if I were, but there's that high moral ground again! )

[ian1969uk]

from CAG's point of view, if you have a debt which you know you owe, then you have a moral duty to repay it

 

No more so than the financial institutions have a responsibility to conduct the accounts properly and keep the correct paperwork etc. If they haven't done so, it's no-one's fault but their own in my opinion.

[rory32]

I will make no other comment than I now adopt the same moral ground as my alleged creditors.

 

I appreciate your comments bookworm and for most of my life I would have agreed with them.

[Goldlady]

Agree entirely Rory, but like the lady i helped go bankrupt last week I fell on hard times and the card co's just kept increasing my credit limits when I clearly could not afford more than the minimum payments. I am not a bad person, have always paid my way, but at the time it was like pennies from heaven. It is called irresponsible lending and to persecute people when they are as much to blame as we are is wrong.

[hellhasnofury]

I will make no other comment than I now adopt the same moral ground as my alleged creditors.

 

I appreciate your comments bookworm and for most of my life I would have agreed with them.

 

Hello,

 

I totally agree, people shoud not consider this as a quick fix to get out of what they owe, but if the companies prey on the ignorance of the consumer to take their house from them and even drive some poor poor people to killing themselves. Its an open battlefield. I personally will not be bullied and harassed by these companies who have made extortionate profit from me, under the pretext that I do not understand the law and my rights under those laws.

 

I will pay what I owe and no more.

 

The battle continues

[Josie8]

Hello,

 

I totally agree, people shoud not consider this as a quick fix to get out of what they owe, but if the companies prey on the ignorance of the consumer to take their house from them and even drive some poor poor people to killing themselves. Its an open battlefield. I personally will not be bullied and harassed by these companies who have made extortionate profit from me, under the pretext that I do not understand the law and my rights under those laws.

 

I will pay what I owe and no more.

 

The battle continues

 

What moral highground? These lenders use the CCAnto alter the interest rates as they see fit from say 8.9% to 29.9% & when you complain say smugly read the small print in the Ts & Cs. They use the threats of default -powers given to them under the CCA - they can trash your creditworthiness at well again down to the smallprint -SO don't see why when they cannot produce the damned T&C's they should not be penalised as envisaged by Parliament I.e. lose all rights to the monies outstanding on the agreement. Just say to them "its in the small print" .......sorry rant over.......

[joesoap]

What moral highground? These lenders use the CCAnto alter the interest rates as they see fit from say 8.9% to 29.9% & when you complain say smugly read the small print in the Ts & Cs. They use the threats of default -powers given to them under the CCA - they can trash your creditworthiness at well again down to the smallprint -SO don't see why when they cannot produce the damned T&C's they should not be penalised as envisaged by Parliament I.e. lose all rights to the monies outstanding on the agreement. Just say to them "its in the small print" .......sorry rant over.......

 

Call that a rant? That's not a rant; that's the truth!

[Pliny the Penuriosus]

When THEY act morally then so will I. In the meantime s** em.

 

Incidentally those who have acted with compassion & understanding ARE getting paid (admittedly at a lower rate) & even though payment could be avoided on a technicality.

 

Those who haven't well I leave the reader to figure out what's happening to them!

[redsue]

pliny, josie, rory, HHNF - I'm with you guys - the arrogance and plain deceitfulness shown by these financial instituations is unbelievable - they really do believe they are above the law.

 

Could anyone take a quick look at the letter I'm about to send back to MBNA please? I just wanted to check that everything in it was factually correct - I'm itching to send it! So they can stick their arrogance where the sun don't shine.

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-3.html#post934491

 

thanks again everyone for all the help and support I definately wouldn't have been able to send this letter without this site and its people

[dave]

they are the modernday highwayman of our time.

 

I agree with most of the comments - when they act moraly, then so will I.

 

I do agree, but to lower ourselves to their level is not a way to fight the good fight.

[redsue]

Unfortunately Dave, when Trading Standards, the OFT, FSA tend to shrug their shoulders and tell us there is nothing they will do - what other options do we have?

 

These financial institutions are shirking their legal responsibilities and behaving like bullies in the playground - and I for one are not going to be a victim - we all have to our keep our own houses in order - why shouldn't they?

[Pliny the Penuriosus]

Dave why do you think we are lowering ourselves to THEIR standards.

 

We aren't.

We are using the law, rules & regs to our advantage whilst they constantly ignore the rules & reg & very often break the law to THEIR advantage.........We don't, we abide by them

[Josie8]

...................

Edited January 21, 2009 by Josie8

[outofpocketagain]

is there a template to use when they have gone 2 plus 2 plus 30, I have not recieved my CCA from woolwich and the date ends 5th july, I want to have my letter ready to post on that date

cheers

A template letter would be handy for me as well -I am awaiting a response on 3 cca Requesta