CCA Request - Is there light at the end of the tunnel?

lightatendoftunnel · 12 March 2009 at 12:58AM

At the end of January I started to request CCA’s from my three credit card providers and for my personal loan. I have received responses from them all now and now need some advice of what to do next please.

Lloyds Loan

I requested a CCA from my personal loan provider (Lloyds TSB) and they have sent me a signed agreement however it is very brief and holds no personal data. It does look like it includes details of APR, repayment conditions etc but I am unsure whether it is sufficient to make the loan enforceable. Please can anyone give me some advice on this?

Also my current loan was taken out in 2004 but in previous years I had taken out smaller loans since 1999 with Lloyds, but each new loan superseded the previous loan and from memory each new loan paid off the remaining debt outstanding and then started again with new payments and length of terms etc.

Lloyds have sent me the agreement signed in 2004 for my current loan,.

My question-should Lloyds have just sent me the paperwork for my current loan or should they have sent me all the paperwork for all of the loans I have taken out since 1999 including my current loan?

Please find below links to what Lloyds have sent me and I would really appreciate any comments or advice please. http://i672.photobucket.com/albums/vv88/lightatendoftunnel_2009/CopyofLLoydsLoanEdited.jpg

http://i672.photobucket.com/albums/vv88/lightatendoftunnel_2009/CopyofLloydsLoanTCEdited.jpg

Lloyds credit card

I requested a CCA from Lloyds on 29th Jan 2009 for my credit card, they responded with a holding letter saying they would write back to me however by 24th Feb I still had not had any further response so I wrote to chase them up and ask for an explanation. I then received a letter dated 02 March stating “that they were sorry I had cause to complain and they would carry out an investigation however this could take up to 28 days.” They enclosed a document on their complaint procedure.

In my letter I had not stated that I was actually complaining, all I had asked for was an explanation of why they had not sent the documents I had requested under the CCA request.
From reading other threads people have said that if a company fails to issue the credit agreement within 44 days (12+2+30) then the debt is not enforceable by them or any court?

Is this correct?
Because Lloyds seem to be stalling for time with the letters they have sent me, it leads me to believe that they don’t actually have a CCA and therefore should I write back after the 44 days have passed regardless of the fact that Lloyds say it may take up to 28 days for them to deal with my “complaint”?
I am not sure what to do next- please help?

Many thanks for your help

GeorgeUK · 12 March 2009 at 9:53PM

Hi

The Lloyds Loan CCA does seem to have everything. Credit limit, repayment details and APR as well as your personal details (name and address). I think this may be enforcable.

Did they also supply the T&C for 2004?

I notice they don't say on there anything relating to charges. Although i don't think that is one of the required terms, it may be worth posting this up on the consumeractiongroup forum to see what they think. Most agreements state what will ahppen if payments are missed, but i don't know if this is different for a staff loan.

If no CCA is supplied (for the credicard), the debt is unenforcable. If they were to take this to court, the court may make the debt enforcable, but only if they were to supply a copy of the executed CCA (signed) with all the required terms and you would state in your defence that a CCA was not produced after it was requested.

You should send the 12+2 day template letter for the card debt and if they still pursue you for payment after this without producing a CCA, complain to Trading Standards.

Merlinexcalibur · 12 March 2009 at 9:58PM

“that they were sorry I had cause to complain and they would carry out an investigation however this could take up to 28 days.” They enclosed a document on their complaint procedure.

Barclaycard does the same thing. Even sends letters saying the same mostly as you've said. And also confused me. I did see an explanation for it or read it randomly somewhere one day but forget what it was now.

lightatendoftunnel · 13 March 2009 at 3:50PM

Thank you both georgeuk and merlinexcalibur for your comments.
Georgeuk- yes Lloyds did send me the T&C for the loan taken out in 2004 and it does list details on charges etc,so i think you are correct when you say that this debt is enforcable.

I am still unsure though if i should write to Lloyds about my credit card before the 28 days have passed that they say it will take to investigate my "compliant". I dont what to send an unenforacble letter (12+2) to them just for them to reply in a few days with all the signed agreements etc.

What do you think?

many thanks

GeorgeUK · 13 March 2009 at 4:15PM

After 12+2 working days, the debt becomes unenforcable.

If it takes them longer, that's their problem - that are only allowed a certain amount of time. Stating that it will take another month is just a delaying tactiv and does not change the fact that if 12 working days have passed, the debt is now unenforcable.

You don't need to send the 12+2 day letter - they know the legislation as well as anyone and know theor obligations. It just helps to make sure you have done everything you can to give them 'fair warning'. Are you still making payments towards the debt? Remember that while a debt is in dispute and unenforcable, they aren't allowed to apply interest or charges (according to the OFT).

CCA Request - Is there light at the end of the tunnel?

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free