Unsigned Credit Agreement
Category : Uncategorized
All the legal provisions were examined in detail by the judge in a decision of nearly 60 pages. In short, the arguments have failed. It was found that if the lender could submit a “reconstituted version” of the original agreement, the requirements of Section 78 of the Consumer Credit Act were met. The “reconstituted” agreement must indicate the names and addresses of the borrowers, but this does not necessarily have to come from the agreement. I`m sorry, but you`ve posted a lot on different pages. They have mortgage arrears and big unsecured debt problems. I have already suggested that you should contact your local civic council – another option is to speak to National Debtline on 0808 808 4000. I know that English is not your first language, but you need help and advice on your overall financial situation, your borrowing is not your main problem. There`s no point in asking again. You can ignore or reply that what they sent is the CCA agreement you requested, and yoh won`t pay them again until they produce the CCA. If the debt has no default date, if you stop paying now, a default will be added and it will fall in 6 years. That is not good news. Read What should be the default date? and ask the original creditor to add a default date for years.
If a collection company says you owe money but don`t recognize the debts, you should send them a probisse to cover the debts. Here, the CCA is only part of the picture. You can get a copy of the CCA in response – if the name and address of the agreement are yours and you lived at that time, that is good evidence. Worse still should come for those who are trying to escape responsibility. It was found that the reconstituted agreement was not mandatory for the Consumer Credit Act. Moreover, the unavailability of the agreement did not create an unfair relationship to render the agreement of Section 140 of the law unenforceable. The tax covered in the section concerned does not apply if the borrower or tenant has not or will not be paid under the agreement. This is independent of whether the contract could have been terminated or not. in the case of a consignment contract, any description of the item pledged. This does not apply to all debts.
The law does not cover some old high-risk loans (before 2008 loans for more than $25,000), mortgages, certain credit union credits, electricity bills, many mobile debts or logbook credits. More details on the debt covered can be found here. And although the law covers overdrafts, they are not entitled to a copy of your credit contract. The CCA agreement is unlikely to be reached later. This seems rare – if the collection company did not find in the first few months, the chances of it appearing later seem very slim. If the debts are in a DMP, you must ask the DMP company to stop paying them. To tell them the letter from the creditor that they cannot find the agreement. Am I correct in thinking that, following an unmet cca application, any additional written correspondence from the creditor should recognize that the debt is unenforceable? Also, Link Financial answered my QUESTION CCA on September 03rd – said up to 6 weeks for an answer. To date, it has not been released.
On November 5, I received a september 27 statement listing payments made between March and September 2020. It states that “the current sites represent the remaining balance due, since you did not maintain the payments in accordance with the terms of the original agreement, so that the full amount was due.” He asks me to contact them to discuss my account – also says, “This message is given in accordance with the Consumer Credit Act 1974.” Nowhere, however, does it recognize that the debt is currently unenforceable. If the creditor does not easily find the CCA agreement, they can send you a confirmation of your request.