Request for confirmation of documents under CPUTR 2008

[Riz]

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.

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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!

[Never-In-Doubt]

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.

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"

[Riz]

Re: Request for confirmation of documents under CPUTR 2008

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.

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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

CC account opened 1987 ish

[Riz]

Re: Request for confirmation of documents under CPUTR 2008

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.

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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!

[Riz]

Re: Request for confirmation of documents under CPUTR 2008

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.

[Riz]

Re: Request for confirmation of documents under CPUTR 2008

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

As does the OFT guidance you quoted.

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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......

[Never-In-Doubt]

Re: Request for confirmation of documents under CPUTR 2008

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

[Riz]

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.

[PlanB]

Re: Request for confirmation of documents under CPUTR 2008

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?

[Riz]

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.