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  • #31
    Re: Request for confirmation of documents under CPUTR 2008

    lol. Love the at the end.

    Would be tempting to leave that in when printing a copy.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #32
      Re: Request for confirmation of documents under CPUTR 2008

      Originally posted by nightwatch View Post
      received pice of paper with present address on, not the one when it was taken out,
      and some terms and conditions not original ones, this was a TSB card when taken out.
      along with a letter saying that as the account was so old they did'nt have to comply, but they were sure that we would have signed an agreement. as this is a long storyshould I start a thread on it
      It isn't that old so yea, they do have to comply - fookin idiots!

      Just start a thread and post a link to it here please then we'll check it out, however I can tell you now that they don't have the original - Lloyds used to archive externally and never kept a lot of older stuff so they'll do a recon and send a cover letter that is all over this forum - point is, just check the default charge which you'll see shows £12 - not the actual £25 it was back then - ie they've failed in their s.78 obligation meaning they cannot enforce as you'll just get a strike out until they comply, but it'd never get that far anyways!
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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      • #33
        Re: Request for confirmation of documents under CPUTR 2008

        Originally posted by rizzle View Post
        lol. Love the at the end.

        Would be tempting to leave that in when printing a copy.
        Hmmm, I am inclined to agree, I may add it and leave it for the user to delete if they so wish - cos it is a case of "put up or shut up"
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #34
          Re: Request for confirmation of documents under CPUTR 2008

          Originally posted by nightwatch View Post
          along with a letter saying that as the account was so old they did'nt have to comply, but they were sure that we would have signed an agreement.
          How old exactly?

          If it was before 1985, then it's true that they don't have to supply a copy.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #35
            Re: Request for confirmation of documents under CPUTR 2008

            Originally posted by rizzle View Post
            How old exactly?

            If it was before 1985, then it's true that they don't have to supply a copy.
            Taken out in 1987 mate

            Originally posted by nightwatch View Post
            CC account opened 1987 ish
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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            • #36
              Re: Request for confirmation of documents under CPUTR 2008

              Originally posted by Never-In-Doubt View Post
              Taken out in 1987 mate
              Excellent.

              The part I referred to was this.

              The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

              Copies of old agreements and security instruments where the agreement or security instrument has been lost etc9.

              Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.
              But as 1987, doesn't apply.

              Idiots.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #37
                Re: Request for confirmation of documents under CPUTR 2008

                Originally posted by rizzle View Post
                If it was before 1985, then it's true that they don't have to supply a copy.
                They do, a recon using the same terms that they believe to have been in place at the time.

                Edited thanks to Rizzle - they can issue current terms - they do not need to be from the time the account was opened, but they can create a recon using either/or.

                2.22 Where the agreement was executed before 19 May 1985 and due to an accident or some other reason beyond its control, the creditor or owner does not have in its possession the executed agreement or any copy of it, the copy to be given may comprise an easily legible statement of the current terms of the agreement insofar as they are known to the creditor or owner.
                ---> http://www.oft.gov.uk/shared_oft/con...OFT1175con.pdf

                This forms part of The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 but the above is easier to understand
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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                • #38
                  Re: Request for confirmation of documents under CPUTR 2008

                  Originally posted by rizzle View Post
                  Excellent.

                  The part I referred to was this.

                  The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

                  But as 1987, doesn't apply.

                  Idiots.
                  Thanks for this - I instead linked to the OFT Guidance.... But same principle and same difference, they are wrong!
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #39
                    Re: Request for confirmation of documents under CPUTR 2008

                    Originally posted by Never-In-Doubt View Post
                    They do, a recon using the same terms that they believe to have been in place at the time.
                    No. Not at all.

                    It quite clearly states a copy of the current terms, insofar as they are known.

                    Not a recon of the ones that applied at the time.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #40
                      Re: Request for confirmation of documents under CPUTR 2008

                      Originally posted by rizzle View Post
                      It quite clearly states a copy of the current terms, insofar as they are known.
                      As does the OFT guidance you quoted.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #41
                        Re: Request for confirmation of documents under CPUTR 2008

                        Originally posted by rizzle View Post
                        No. Not at all.

                        It quite clearly states a copy of the current terms, insofar as they are known.

                        Not a recon of the ones that applied at the time.
                        Ooops my bad - thanks - well corrected

                        I mean though, if you had a mint card and that is no longer issued then they would use some terms; but they could pick any - or create a recon based on others that they have......
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                        • #42
                          Re: Request for confirmation of documents under CPUTR 2008

                          Originally posted by rizzle View Post
                          As does the OFT guidance you quoted.
                          Long break mate - early morning - niddy not tuned in properly!

                          edited now - thanks ---> allaboutFORUMS - View Single Post - Request for confirmation of documents under CPUTR 2008
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #43
                            Re: Request for confirmation of documents under CPUTR 2008

                            Yes, with an old card not currently in use by anyone, or defaulted some time ago, the current terms are going to be a bit of a fudge job.

                            Insofaras known.... lol.

                            Anyway, we digress from the main topic here.
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                            • #44
                              Re: Request for confirmation of documents under CPUTR 2008

                              Originally posted by PriorityOne View Post
                              Yep.... I'm happy!
                              Is there any "Section 12345" legal reference which I could add to the CPUTR 2008 request to help concentrate their tiny minds?

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                              • #45
                                Re: Request for confirmation of documents under CPUTR 2008

                                Probably better to avoid quoting specific sections of the CPUTR.

                                They know what it is about, and how it prohibits unfair or aggressive commercial practices that are intended to mislead consumers and effect their choices, either by misdirection, misinformation, omission or undue pressure.

                                They should have all the above in mind when replying, not just one specific part.
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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