SLC Cannot Supply The Original Agreement

[Peterbard]

Hi Weaver

THe legislation iyou are looking for is i think in the section itself IN 77(4)

If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

I would copy your orriginal request your proof of postage and the default letter you were sent. And enclose them with the letter and say that this will also be sent in a written complaint to the OFT if they do not comply.

 

Best

Regards

 

Peter

[weaver440]

Thank you so very much Peter, I was hoping I would be able to rely on you and I was right!!!!!!!!!!!!! I hope you have a good long weekend.

 

Lynne

[JonCris]

Who are the 2 cheques payable to? I assume the £1 cheque is for the CCA but if my agreement has been taken over by Direct Legal & Collections who do i make the S.A.R - (Subject Access Request) cheque payable to?

 

The £1 CCA request should be to the DCA. This will have the effect of legaly stopping them enforcing any debt until they comply. (which is not very often)

 

The SAR, at this stage, should be sent to the original creditor. When they comply with your SAR you will be able to compare what the creditor claims with what the DCA alleges & very often they don't match.

 

Then you may be able to use any inconsistency in your fight. Very often members following this strategy eventualy have them disappearing up their own backsides

[johnny131070]

Sorry to sound a little dumb but what is the DCA and what is their address. This is probably a ridiculous question but i have spent about 6 hours on this forum today and my mind is a little numb. When i post the 2 cheques do i just address them to the (i think i am about to answer my own question) Debt Collection Agency? (Stupid boy pike!!!) Direct Legal and Collections are looking after this account so i assume i just make both cheques payable to them?

[JonCris]

No! for goodnesssake please read my last post

 

You don't give a toss who's looking 'after' the account

 

The CCA to the DCA (Debt Collection Agency)who are in this case Direct Legal & the SAR to the original creditor.

[johnny131070]

Thanks JonCris, will get them out 1st thing tuesday. It has been a long day . Many thanks for your help.

[Jeff2000]

Thanks JonCris, will get them out 1st thing tuesday. It has been a long day . Many thanks for your help.

 

 

Hello johnny131070,

 

 

Once you have sent those letters, sit back, put your feet up, relax and have yourself a big drink of your fave tipple!!!

 

The ball is now in their court, so don't panic!!! Let's just see what happens next.

 

 

Best wishes, Jeff.

[karen654321]

Hiya, I wonder if someone could give me some advice. My husband got a car on finance from bct about 4 years ago. When he signed the agreement he noticed the mileage on the form was about 30k out. He contacted bct who told him to return our part of the agreement and they would get it amended. They also said that they agreed the loan on the mileage that was given to them by the garage and we may have not been entitled to the loan with the correct mileage on the form.

Anway our circumstances changed and unfortunately our car was reppossed and we are still struggling to pay reduced payments. My husband contacted bct and asked them for a copy of the cca and sars as ive been doing a bit of reading on this site. They have now sent the copy of cca which was the original one with the incorrect mileage on it. I have sent them a letter asking for the correct cca. No reply.

They are threatening us with court action but would we have any case as the cca is incorrect.

thanks

[JonCris]

Hi Karen

 

Not being rude but could you start your own thread & use some proper punctuation. Thanks

 

PS It appears that the seller may have committed a criminal offence if the mileage depended on the finance being supplied & didn't record it correctly.

 

There are also other matters for concern which can be discussed in you own thread

[Peterbard]

hiya, I wonder if someone could give me some advice. My husband got a car on finance from bct about 4 years ago. When he signed the agreement he noticed the mileage on the form was about 30k out. He contacted bct who told him to return our part of the agreement and they would get it ammended. They also said that they agreed the loan on the mileage that was given to them by the garage and we may have not been entitled to the loan with the correct mileage on the form.

anway our circumstances changed and unfortunately our car was repossed and we are still struggling to pay reduced payments. My husband contacted bct and asked them for a copy of the cca and sars as ive been doing a bit of reading on this site. They have now sent the copy of cca which was the original one with the incorrect mileage on it. I have sent them a letter asking for the correct cca. no reply..

They are threatening us with court action but would we have any case as the cca is incorrect.

thanks

 

Hi Karen

 

If i can help i woud be onkly to happy to do so PM me

(Don't worry about the punctuation ,It can't be worse than my spelling)

Best regards

Peter

[Yasmin]

Hi All, I have received this reply from Next today...!

 

 

 

 

 

[JonCris]

Absolute rubbish

 

Local Authorites don't register defaults not even distress warrants. The advice is for Trading Standards to enforce against lenders. as it states "Regulatory Authorities"

[Yasmin]

Hi JonCris

 

Should I just go ahead now and contact Trading Standards, and the OFT. Also, I was going to send a copy of the first letter to the Credit reference agencies.

[thomass1949]

Please I need advice. I have a loan withLLoyds TSB. I originally went after them for mis-selling of a PPI. Last week I rang their Personal Laons Service Centre requesting a copy of loan agreements which I took out in 2004 and 2002. I was told that they did not have any copies of these agreements as the copies would be at my branch. When I asked for the copies at my branch I was told that they would ring me and let me know when to collect them. Two hours late I rec'd a call from the manager of the branchapologising because they to did not have copies. She advised me to write in informing her of the reasons for my complaints regarding the PPI's and infirmed me that I it stood me in good favour because of the missing coipies of the loan agrements. I have just read quickly the above threads. How do I stand regarding the legallity of the lender not having signed evidence of any loans and also PPi's. What is my next move please. I am finding these all very confusing and scary. PLEASE HELP.

[karen654321]

Sorry jonchris. I thought this site was open to anyone. I didnt think it depended on your english skills. Im afraid i didnt get an o level in english.

Thanks very much for your kind words..

karen

[JonCris]

Hi JonCris

 

Should I just go ahead now and contact Trading Standards, and the OFT. Also, I was going to send a copy of the first letter to the Credit reference agencies.

 

Yes complain to everyone you can think including the press if you can

[JonCris]

Please I need advice. I have a loan withLLoyds TSB. I originally went after them for mis-selling of a PPI. Last week I rang their Personal Laons Service Centre requesting a copy of loan agreements which I took out in 2004 and 2002. I was told that they did not have any copies of these agreements as the copies would be at my branch. When I asked for the copies at my branch I was told that they would ring me and let me know when to collect them. Two hours late I rec'd a call from the manager of the branchapologising because they to did not have copies. She advised me to write in informing her of the reasons for my complaints regarding the PPI's and infirmed me that I it stood me in good favour because of the missing coipies of the loan agrements. I have just read quickly the above threads. How do I stand regarding the legallity of the lender not having signed evidence of any loans and also PPi's. What is my next move please. I am finding these all very confusing and scary. PLEASE HELP.

 

Hi Please DON'T use the telephone (unless you can record what's being said) put EVERYTHING in writing. That way there can be NO doubt whats been claimed.

 

To enforce your request you need to send a CCA sec.77-79 request together with a £1 postal order (template in the library). They must then comply within 12 days & after a further 30 days they commit a criminal offence.

 

After you have taken that step & so you don't get confused come back for more advice later

[JonCris]

Sorry jonchris. I thought this site was open to anyone. I didnt think it depended on your english skills. Im afraid i didnt get an o level in english.

Thanks very much for your kind words..

karen

 

No you don't need an O level in English & if you want to take umbridge that's up to you. My advice though perhaps curt was for YOUR benefit.

 

There are many on here who give a considerable of their time & knowledge freely to help others. What we don't need is the added problem of trying to scan through a jumble of words which don't appear to make sense.

 

I don't speak for this site but if your post is difficult to read then you might not get the amount of help you need. After all if a poster can't make an attempt at writing a coherent post or at least space the sentences out why bother

[karen654321]

Hi Joncris, Its funny that you are the only one that has mentioned poor punctuation on this site.

Maybe most people are to polite to mention im not sure but please if you have nothing nice to say dont say anything at all as ive been offended by your comments.

You certainly shouldnt judge someone else. Especially when im on here looking for help.

Please dont reply or send me any more messages

 

Thankyou

 

karen

[JonCris]

No problem karen

[elsinore]

No you don't need an O level in English & if you want to take umbridge that's up to you.

 

Errr....that's umbrage, JC.

 

Els

[JonCris]

Well spotted Els Or should that be spouted

[noomill060]

I thought Umbridge was the village where the Archers lived....

 

 

Can we get back on topic now?

[thomass1949]

Thanks Jonchris. I will come to you after I've carried out your advice.

[gill5blue]

Hi

I was wondering do the credit cards and/or loan companies have to supply the ORIGINAL agreement (CCA) in court or will a copy suffice?

Cheers