Lloyds Tsb-No CCA

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Hi there,

I sent Lloyds a CCA Request ( under s.77/78) with the £1.00 fee on the 27/04/09, which Lloyds received and signed for on the 28/04/09. And heard nothing.

I then sent a Account in Dispute letter on 19/05/09, which Lloyds received and signed for on the 20/05/09

Then on the 22/05/09 (date on default 20/05/09) Lloyds send a default notice, still making threats and demands for money and trying to enforce an alleged debt, which not enforceable to law, as they have not complied with my first lawful request for a copy of a CCA.

Any advice would be real helpful and received with thanks. Anyone?

Comments

  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 26 May 2009 at 7:38AM
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    They cannot do this when the account is in dispute. They cannot chase you or place a default.

    If they have then great news cos they've broken the law and can never add the same default again against the debt...

    Read here for specific default help - http://forums.moneysavingexpert.com/showthread.html?t=1674391

    Or for letter templates and legals, look here: http://forums.moneysavingexpert.com/showthread.html?p=20459909#post20459909
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    Once the 12+2 deadline has passed send them the following letter:

    Ensure the words Account in Dispute are clear at the top of the page!


    Account in Dispute + s.10 Cease & Desist Letter all in one!


    Account In Dispute

    Ref:

    Dear Sir/Madam

    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

    You have failed to comply with my request, and as such the account entered default on **DATE**.
    (date = 12+2 days after you sent the CCA request - delete this text)

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore;

    You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

    As you are no doubt aware section 77(6) states:

    If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

    As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interest or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.

    I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

    I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 14 days.


    Yours faithfully,
    Print name do not sign
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Sick_to_death_37
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    Hi,

    Thanks for letter but already sent this to Lloyds as says at the top of this thread. Thanks anyway.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    Hi,

    Thanks for letter but already sent this to Lloyds as says at the top of this thread. Thanks anyway.

    then it is self explanitory what to do next! The letter tells them your intended action, you need to enforce it via the small claims court.

    p.s. you never said you sent a cease & desist letter - it's quite different to a CCA request/Follow up...
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Sick_to_death_37
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    How do I go to Small Claims Court to enforce it? I think complaining first to OFT,Trading Standards, My local MP, etc, etc would come before SCC action?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    How do I go to Small Claims Court to enforce it? I think complaining first to OFT,Trading Standards, My local MP, etc, etc would come before SCC action?

    won't matter mate - this is the process, your local MP, OFT, TS cannot touch them or have any influence....

    Its the law as set-out in the CCA. Just cos you do not like what i'm saying doesn't mean you can get round it.

    The only way to do this is to send the letter, as above, which forces them to cease processing your data whilst the account is in dispute - if they do not act then you have to seek small claims.

    They are the options, nothing more nothing less.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jon_boy75
    jon_boy75 Posts: 364 Forumite
    First Anniversary Combo Breaker
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    quick question, what do i do if the account was closed years ago? they've stopped processing my data, but i want the old default removed
    ta
    Jon
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