Egg Loan

[vint1954]

Re: Egg Loan

heres a question .
Egg say that i ticked a box to confirm my signature .The loan was approved on the 28th of decemeber but the tick box /signature is for the 19th of january .
surely if the application was online the tick box would need to have being ticked on or before the 28th of january where as a hard copy posted out would have to follow the 28th of decemeber as mine does .
again i know that it wasn't a tick box and now need a way to put forward an arguement that supports forgery or not a true copy .
regards

If you are sure that you did not tick a box online, then Niddy may have to do a special letter for you.

[surycts7]

Re: Egg Loan

If you are sure that you did not tick a box online, then Niddy may have to do a special letter for you.If you are sure that you did not tick a box online, then Niddy may have to do a special letter for you. 3rd September 2012 16:19

I have the orginal paper work that was keep one for your records sign and return the other .
The issue i have is how to use the paper work they sent me in reply to my CCA along with info from a SAR to provide enought doubth that i can get them to admit that they don't have a true copy and therefore cannot enforce the debt by court action .which hopefully will put me in a position to stop paying this DCA or make them more likley to accept a F&F

[vint1954]

Re: Egg Loan

I have the orginal paper work that was keep one for your records sign and return the other .
The issue i have is how to use the paper work they sent me in reply to my CCA along with info from a SAR to provide enought doubth that i can get them to admit that they don't have a true copy and therefore cannot enforce the debt by court action .which hopefully will put me in a position to stop paying this DCA or make them more likley to accept a F&F

You need to advise them that they have sent you the wrong papework and that you did not apply online and tick a box.

[vint1954]

Re: Egg Loan

You can adapt this one with the reasons that you think it is fraudulent.

Our Templates | Unenforceability Templates | CCA Query - Forged Document Received

[surycts7]

Re: Egg Loan

Thanks for that .
i am going thru the various pieces of paper now to see if there are any other gems of info that may help .
does anyone know if a CCA to be enforceable must it have an agreement number on it .
my original one has an agreement number on every page but the one egg sent has none .
regards

[vint1954]

Re: Egg Loan

Anything they sent you must relate to the original agreement, so the agreement number would usually be required, or it could relate to anything.

[Never-In-Doubt]

Re: Egg Loan

Account number doesn't affect things nor does lack of signature, in the main. Not on their own anyway.

Check the PT's - it's clear what ought to be present. (Schedule 6 Column 2 of SI 1983/1553).

[surycts7]

Re: Egg Loan

Hope no one got blown around too much by the storm .
Being away for a few weeks trying to earn some money .
Wrote to Arrow global asking for a true copy and got their response a week ago so pretty fash .
usual bump regarding
" a true copy of an agreement does not need to be a photocopy or an exact copy of the orginial .A creditor is allowed to provide a reconstituted agreement ,as long as that version is accurate and contains all the original information contained in the agreement , apart from a few exceptions that the law allows , which includes signature ,signature box and date of signature "

so i'll try and get some one give me an opinion on what to do next.
regards and keep safe

[vint1954]

Re: Egg Loan

Indeed that is so for an s78 request. They must however provide:

A copy of your agreement as signed ( can be reconstructed but must be accurate )

An accurate copy of current terms and conditions.

An accurate copy of terms and conditions from the inception of the account, if the terms have been varried.

A statement of the account at the date of request.

[surycts7]

Re: Egg Loan

thanks for the replies .
the logic of reconstructions have always amazed me .
they send you a reconstrcution saying it is acurate to the one they issue orginally but obviously with out the orginal how can you check it is acurate .
my situation is a bit different as i took out a loan in 2005 and would have to sign for it, the reconstruction has a tick box .
the tick box i would assume if the loan was applied for online (which they say it was) would have to be ticked prior to the loan being approved in the case of the recon the acceptance date is in dec and the agreement ticked box in late january .So they their recon means the loan was agreed before i applied
will need to see what to do next
regards

[vint1954]

Re: Egg Loan

Well, if you did not apply online, you should get back to them stating that they have sent the wrong reconstruction and terms.

[surycts7]

Re: Egg Loan

I did a sar to egg last year and the loan was applied for by phone on the 28th of decemeber 2005 and approved .the CCA i recieved has an online tick box ticked for on the 19th of january 2006 ,
by my logic they have made up a agreement but failed to reconcil the dates .
i.e how could i tick a box 21 days after the loan was agreed.
the online application process would mean you fill in the application including ticking the box and then apply ,they read it and then decide to give you a loan or not .
the question is would that be enough to make the agreement unenforcable as either the agreement was sent out to be signed so would need a signed copy or it was applied for on line which the dates they have supplied and the sar show to not be the case .
so what to do .???

[vint1954]

Re: Egg Loan

Indeed, a telephone application is not the same as online.

Get back to them and reject the CCA information as incorrect, stating that this was not an online application.

[surycts7]

Re: Egg Loan

the information i got from the SAR contact history is attached .
from my memory i recall speaking to someone .
the print out bears out the point that the loan was agreed /approved on the 28th of january but the paper work i recieved when i asked for a CCA was with tick box from the 19th of january.
Does anyone know if the contact history print out will be sufficent to prove that the loan was applied for and approved by phone and then linked to a web application .
when you read the contact history it seems clear that the loan was appoved at 13.17 and the first mention of a webApp is 13.52 .
I don't have anyother contact detail refering to this loan
but if someone has used conatct history in the past maybe they could see if they can intrep this differently .
Please note that this loan was sold to me as a way to settle a prvious loan which had a couple of thousand left on it and to borrow a further ten thousand so they would have had me on their system already .
regards

[vint1954]

Re: Egg Loan

Well, yes it is there in black and white.

I would'nt get too distracted at this stage, as suggested just respond to them stating they have sent the wrong terms and reconstructed agreement. This was suggested on 3rd September. Has it been done?