Late wife's commercial loan problem

[Streetwise]

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.

[Never-In-Doubt]

Re: CPUTR 2008 Thread

Are commercial loans subject to the CCA1974?

[Streetwise]

Re: CPUTR 2008 Thread

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.

[Never-In-Doubt]

Re: CPUTR 2008 Thread

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...."

[Streetwise]

Re: CPUTR 2008 Thread

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.

[Never-In-Doubt]

Re: CPUTR 2008 Thread

Then you cannot utilise cca1974 unfortunately.

[Streetwise]

Re: CPUTR 2008 Thread

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.

[Never-In-Doubt]

Re: CPUTR 2008 Thread

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?

[Streetwise]

Re: CPUTR 2008 Thread

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.

[Never-In-Doubt]

Re: CPUTR 2008 Thread

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) -

[Streetwise]

Re: CPUTR 2008 Thread

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,

[Never-In-Doubt]

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

[Never-In-Doubt]

Re: CPUTR 2008 Thread

Email sent to Paul.

[Streetwise]

Re: CPUTR 2008 Thread

Email sent to Paul.

Thank you.

[PriorityOne]

Re: CPUTR 2008 Thread

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?