CCA - DMA keeps changing

Mazzy187

Hi,

My husband has a Lloyds TSB credit card, he was receiving letters from Sechiari, Clark & Mitchell. So we sent a CCA request to Sechari approx 2 weeks ago, to which we have had no reply. But now a company called MHA collections are calling and writing saying they have been instructed by Lloyds TSB to recover the arrears, and if we do not make payment Sechiari may comence legal proceedings.

I am totally confused now, does the CCA request that we have sent still stand, or should we now send one to MHA or Lloyds TSB, or should we continue and send the next letter to Sechiari as they have not responded in the given time.

Any advice would be greatly appreciated, and if we should send the next letter to Sechiari, please could someone point me in the right direction of where to find a template

Many Thanks
Mazzy

Cleosmum

I would send the CCA request to Lloyds TSB. I would ignore the others and just deal with LTSB, and count from the time it goes off to LTSB.

aj2703

There is a template letter section somewhere on this site (sorry just re-formatted so have lost the links). Look for the letter that queries why the account has been passed to them as you've sent a cca latter to Sechiari, Clark & Mitchell and now the account is in dispute as they have not returned the CCA in the alloted time. I wouldn't send to Lloyd's just yet as it seems to me they have passed the matter onto a DCA so will probably just write back informing you of that.Make sure any correspondance is sent RECORDED so you have proof of delivery and never had sign it. Just print your name.

Mazzy187

I spoke to soon, we received a letter from Lloyds TSB today. Now I am even more confused.

This I what we wrote to Sechiari, Clark & Mitchell

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.


Lloyds TSB themselves have responded with the this letter, and returned my £1 postal order.

Thank you for your recent letter.
Please note that section 78 of the Consumer Credit Act 1974( "CCA") is entirely seperate from the Data Protection Legislation and Data Subject Access Requests. As such, we are only obliged to comply with request made under section 78 of the CCA if we receive the fee stated in section 78(1). This fee is currently £1. Unfortunately we have not received enough details fromyou to find and process your request. Please re-send your letter with the relevant card numbers, account details and up to date home address. Lloyds TSB Credit Card numbers generally contain 15 or 16 digits.

If you would still like to make a request pursuant to section 78 of the CCA, please write with the appropriate authorisation and fee to: Blar Blar Blar, their address.

I hope I have now clarified our position. If there's anything you're not sure about please get in touch and we'll behappy to look into it for you.


In our letter to Sechiari, it clearly stated my husbands full name, full address and his 16 digit account number, and we enclosed a £1 postal order, so I don't know what they are going on about. Did I send the wrong letter, or are they trying to baffle us with jargon, or are they just buying time ??? !!

HELP !!! Any Advice would be much appreciated.
Mazzy

aj2703

I think (and only think) they might be getting your request confused with a SAR which would mean you sending a postal order for £10

Mazzy187

Yes, I thought that too !! But that is not what what original letter says.

So do you think they could be getting it wrong and if so what shoulf be my next course of action ??

Mazzy187

Shall I respond to them and point out that we did supply all the information and that we do not want a Subject Access Request??

Mazzy187

:huh: Can someone help me please !!