Murky Hall letters

[SteveEX9]

Re: Murky Hall letters

Hi all, think I've managed to sort this so my stuff from MH is attached in this and subsequent posts.

[SteveEX9]

Re: Murky Hall letters

Hope they open ok - they're jpegs.

[SteveEX9]

Re: Murky Hall letters

Has anyone been able to look at the files? An iPad opens them automatically but I dunno about other systems.

[charitynjw]

Re: Murky Hall letters

Have there been any modifications to the agreement T&Cs since it was signed?

[FlamingParrot]

Re: Murky Hall letters

Hi all, think I've managed to sort this so my stuff from MH is attached in this and subsequent posts.

From this post I assumed there would be further attachments.

On first glance, all the terms appear to be there. I take it you didn't apply for 'Loanprotect' which is mentioned amongst the terms.

[SteveEX9]

Re: Murky Hall letters

Hi both,
I'm not aware of any post-agreement modifications but I don't know if this is the original version or not as I don't have a copy. I didn't take loan protect as far as I recall.

[SteveEX9]

Re: Murky Hall letters

Should I be comparing t&c's as I think I've found the original ones? If so what changes should I be looking for? Thanks.

[FlamingParrot]

Re: Murky Hall letters

Should I be comparing t&c's as I think I've found the original ones? If so what changes should I be looking for? Thanks.

May be an idea.

Look out for any discrepancies such as late payment charges, payments details, etc.

[SteveEX9]

Re: Murky Hall letters

Cheers, yep, daft question in one sense I guess though reading it back.

[labman]

Re: Murky Hall letters

Cheers, yep, daft question in one sense I guess though reading it back.

[charitynjw]

Re: Murky Hall letters

Should I be comparing t&c's as I think I've found the original ones? If so what changes should I be looking for? Thanks.

At the risk of exposure to the ire of some of you guys (no names, no peck drills ), I wouldn't use the comparison either in court, or in correspondence, as it then seems as if you are trying to avoid a legitimate debt.

However, as has been pointed out on other threads, not complying properly with the CCA request means that the creditor, or whoever may 'own' the alleged debt, cannot (or at least, should not) pursue it.

[SteveEX9]

Re: Murky Hall letters

Thanks again, so are you suggesting that the fact that my CCA request was ignored and that MH decided to turn it into a SAR request instead, invalidates their pursuing of the debt? They certainly responded way after 14 days as per a CCA request and although I haven't checked I'm sure it was outside a SAR limit too. You seem to be saying that but earlier in this thread it was suggested that this is common practice by MH and others to give themselves more time to gather legit - or illegit - paperwork.

[charitynjw]

Re: Murky Hall letters

A CCA request, if not properly complied with, means that any action concerning collection activity must not be pursued until the discrepancy is rectified.
(Other than de minimus things)

[FlamingParrot]

Re: Murky Hall letters

At the risk of exposure to the ire of some of you guys (no names, no peck drills ), I wouldn't use the comparison either in court, or in correspondence, as it then seems as if you are trying to avoid a legitimate debt.

As if I would...

However, as has been pointed out on other threads, not complying properly with the CCA request means that the creditor, or whoever may 'own' the alleged debt, cannot (or at least, should not) pursue it.

A CCA request, if not properly complied with, means that any action concerning collection activity must not be pursued until the discrepancy is rectified.
(Other than de minimus things)

Ideally, that should be the case, sadly, thanks to Mr Justice Flaux (McGuffik v RBS), it was concluded that a number of activities do not constitute enforcement, therefore they are allowed even when the account is unenforceable:

• reporting to CRAs without also telling them that the agreement is currently unenforceable
• disseminating or threatening to disseminate the debtor's personal data in respect of the agreement to any third party
• demanding payment from the debtor
• issuing a default notice to the debtor
• threatening legal action
• instructing a third party to demand payment or otherwise to seek to procure payment
• bringing proceedings.

[FlamingParrot]

Re: Murky Hall letters

Thanks again, so are you suggesting that the fact that my CCA request was ignored and that MH decided to turn it into a SAR request instead, invalidates their pursuing of the debt? They certainly responded way after 14 days as per a CCA request and although I haven't checked I'm sure it was outside a SAR limit too. You seem to be saying that but earlier in this thread it was suggested that this is common practice by MH and others to give themselves more time to gather legit - or illegit - paperwork.

I'm really confused now :confused2: How can a CCA request be turned into a SAR request? The two are completely different, and not just regarding timescales, which is the least important factor here.

A CCA request is a request for a copy of your credit agreement under s.77-79 of the Consumer Credit Act, it carries a £1 fee. A SAR is a request for all data held about yourself under the Data Protection Act 1998 and there's normally a £10 statutory maximum fee. The wording is totally different, they are drafted under different pieces of legislation and the response is also meant to be completely different.

A SAR should yield all account history including statements and other documents relating to your account, as well as a copy of the agreement, however, failure to comply with a SAR does not make the account unenforceable. Terms are not usually included because they are not personal data. You'd normally send a SAR to the original lender because the DCA wouldn't have all those documents.

A CCA request should produce a true copy of your agreement with terms from inception as well as varied terms and a statement of account. The 14 day timescale is only relevant in terms of making the account temporarily unenforceable until such time they comply with the request. You'd send the CCA request to whoever is chasing you, if it's a DCA, they have a duty to obtain the documents from the lender.