DCA has returned request for CCA

alone103

I need some advice please, I have a debt with LLoyds which is £24k which I suspect includes PPI, Bank charges etc but it was for a loan. They passed the Debt to debt Managers and I requested a CCA at the same time I sent a letter of complaint to Lloyds which incidentally is now 60days overdue for a final response and Debt managers couldn't produce the CCA.

Lloyds then passed the debt to Robinson Way & Company and 1 week ago I sent them the standard CCA request with a £1 postal order. Today they have returned my letter and postal order with a letter stating that I need to request this from lloyds and not them, I need to pay Lloyds a £10 fee not £1 and they will give me 25 days to get the papers from Lloyds before they persue for me for the debt.

I really want to know what I should do next or is there a letter I should send to them, Lloyds couldn't produce it the first time around or respond to my complaint so there is no way they are going to manage it in 25 days.

I am really not sure what to do next

Kernowrob_3

I have to be honest - I would be inclined and go straight to the Ombudsman and I would tell Lloyds and Robinson Way & Company that you are doing this (always keep everyone in the loop).

I know that the banks are getting very twitchy about complaints at the Ombudsman - not least because under some new legilsation in 2009 (PSD) the FSA will be deciding who and what Banks it audits for compliance on the basis of FOS complaints.

* PSD is law which covers payments and account services for Sterling and all other European domestic currencies (Euro Norwegian Krona etc) and whilst not really concerning loans, banks know that FOS does not differentiate which service a complaint covered - and so to avoid a visit from the FSA will be trying to manage FOS complaints down...NB FSA is asking for data from banks at the moment...

alone103

So can they take me court and apply for a CCJ whilst I am awaiting a reply from the FOS? I dispute the amount of the debt and therefore have not tried to negotiate monthly payments

ALIBOBSY

Robs way have got the wrong end of the stick, £10 is the set fee for a full request under the data protection act. I would write back and state that as Llyods are already in breach of your original CCA request the whole debt is unenforcable so they should cease all further enforcement action.

At the same time if Llyods have failed to answer your complaints as the other poster said send it to the FOS, but I think there is a time limit you have to allow them about the complaint.

good luck
ali x

ALIBOBSY

alone103 wrote: »

So can they take me court and apply for a CCJ whilst I am awaiting a reply from the FOS? I dispute the amount of the debt and therefore have not tried to negotiate monthly payments

No because if they take you to court you
1) defend in full as Llyods are in breach of your CCA request which is a full legal defence in itself and
2) you counter sue for any charges/ misssold PPi on the account
or 3) you apply for a stay on the case until the FOS result is known
The judge would likely be unhappy at a case brought whilst an ombudsmans complaint was under investigation.

Once the complaint is with the FOS it is highly unlikely they would take you to court.


A completely other way to go is to point out the fact the debt is uneneforcable as above and state you will fully defend any action, but as a gesture of goodwill you will offer £x (insert very low settlement figure perhaps 10%) as FULL and FINAL settlement.

good luck
ali x

alone103

Thanks Ali, In respect of the complaint LLoyds received it on 1st April 08 and confirmed that should respond within 4 weeks but would definately provide a final response within 8 weeks. I am still waiting for a response to date.