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  • Late wife's commercial loan problem

    Could someone tell me if this can be used for a loan agreement,a commercial loan agreement, I am the executor of my late partners estate and the bank have forged a copy of the loan agreement saying it is an original certified agreement but it is not, as I have the original and the two documents are totally different,the head office of the bank say there is no agreement on file,but the bank manager keeps sending me the forgery,regards Streetwise.

  • #2
    Re: CPUTR 2008 Thread

    Are commercial loans subject to the CCA1974?
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    • #3
      Re: CPUTR 2008 Thread

      Originally posted by Never-In-Doubt View Post
      Are commercial loans subject to the CCA1974?
      Don't no,will have a look around just wondered if I could use this to make them show there hand.

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      • #4
        Re: CPUTR 2008 Thread

        Originally posted by Streetwise View Post
        Don't no,will have a look around just wondered if I could use this to make them show there hand.
        look at your original and at the top, does it say "regulated under the consumer credit act 1974...."
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        • #5
          Re: CPUTR 2008 Thread

          Originally posted by Never-In-Doubt View Post
          look at your original and at the top, does it say "regulated under the consumer credit act 1974...."
          No,it is not mentioned in the agreement,the agreement was drawn up in February 2007.

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          • #6
            Re: CPUTR 2008 Thread

            Then you cannot utilise cca1974 unfortunately.
            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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            • #7
              Re: CPUTR 2008 Thread

              Originally posted by Never-In-Doubt View Post
              Then you cannot utilise cca1974 unfortunately.
              Thanks for that,I thought I could use CPTUR to get them to clarify that they did not have a copy of the original agreement.

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              • #8
                Re: CPUTR 2008 Thread

                Originally posted by Streetwise View Post
                Thanks for that,I thought I could use CPTUR to get them to clarify that they did not have a copy of the original agreement.
                and then what? you still need CCA1974 (i.e. s.127) to utilise it - so whether they have a copy or not doesn't matter as far as anything unenforceability concerned.... as this loan is outwith the scope of the CCA thus no matter what - you cannot utilise any part of them.

                See where I'm coming from here?
                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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                • #9
                  Re: CPUTR 2008 Thread

                  Originally posted by Never-In-Doubt View Post
                  and then what? you still need CCA1974 (i.e. s.127) to utilise it - so whether they have a copy or not doesn't matter as far as anything unenforceability concerned.... as this loan is outwith the scope of the CCA thus no matter what - you cannot utilise any part of them.

                  See where I'm coming from here?
                  So out of scope agreements cannot be unenforceable.

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                  • #10
                    Re: CPUTR 2008 Thread

                    Originally posted by Streetwise View Post
                    So out of scope agreements cannot be unenforceable.
                    ermmmm (see last post).

                    if its nothing to do with the CCA then of course you cannot utilise the CCA within any argument can you? Kinda like you complaining about being sold a dud car (sale of goods etc) and quoting family law (divorces etc) -
                    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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                    • #11
                      Re: CPUTR 2008 Thread

                      Originally posted by Never-In-Doubt View Post
                      ermmmm (see last post).

                      if its nothing to do with the CCA then of course you cannot utilise the CCA within any argument can you? Kinda like you complaining about being sold a dud car (sale of goods etc) and quoting family law (divorces etc) -
                      I get you,But my partner had been asking the bank for the copy of the loan agreement for over a year before she died and they would not supply one,an agreement only turned up after they were told that she was terminally ill and could not handle her affairs any more (Brain Tumor),I asked my M.P.to ask them were this loan agreement came from and they told her that they did not have a loan agreement on file,but as I said before the bank manager still insists that the loan agreement that he keeps sending me is genuine,but I've showed him it doesn't match the agreement that I have on file,so I suppose I am asking what happens if they don't have the loan agreement,where will I stand with winding up the estate,
                      Last edited by Streetwise; 14th March 2012, 17:24.

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                      • #12
                        Re: CPUTR 2008 Thread

                        I see where you're coming from now. Ideally you need probate help - ill ask Paul to pop in and give his views on the agreement aspect.

                        Sit tight :niddy
                        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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                        • #13
                          Re: CPUTR 2008 Thread

                          Email sent to Paul.
                          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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                          • #14
                            Re: CPUTR 2008 Thread

                            Originally posted by Never-In-Doubt View Post
                            Email sent to Paul.
                            Thank you.

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                            • #15
                              Re: CPUTR 2008 Thread

                              Originally posted by Streetwise View Post
                              I get you,But my partner had been asking the bank for the copy of the loan agreement for over a year before she died and they would not supply one,an agreement only turned up after they were told that she was terminally ill and could not handle her affairs any more (Brain Tumor),I asked my M.P.to ask them were this loan agreement came from and they told her that they did not have a loan agreement on file,but as I said before the bank manager still insists that the loan agreement that he keeps sending me is genuine,but I've showed him it doesn't match the agreement that I have on file,so I suppose I am asking what happens if they don't have the loan agreement,where will I stand with winding up the estate,
                              What was his response when he saw yours?.... Was it verbal or in writing?
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