Unenforceability & Template Letters

Goodtimesahead

Hi NID or anyone else that can help.

I sent off a SAR to Lloyds Bank by 1st class signed for and I know it was received but I have had no reply for over 60 days now, so well out of time. Can someone post the standard reply I should send off now or template letter.

Lloyds Bank also have a default registered on my credit files,which I want removed. I have a feeling they don't have any original agreement and also the account was opened in the late 1980's so as far as I know(correct me if I,m wrong) the data showing on my credit file is unlawful, as they would have had to ask my permission to share the data with the CRA's and I never gave all those years ago.

How best can I proceed from here? Thank you

UTUBE

BigBro_1980 wrote: »

Hi,

This is a truly amazing thread... for the last few months I have been trying to figure out the situation with my fathers debt with Welcome Finance.

Seemed to be getting somewhere to find that the company I was using has gone bankrupt (loancheck)!

I have got a load of letters from WF (via LoanCheck), but not the original CCA. I believe my next step is to re-request it? I have read that after 6 years a company doesn't have to keep the CCA? Is this correct?

Also - I was going to use a 3rd Party company called Torston to handle this for me (just to make my life a little easier). I haven't agreed anything with them yet. So I can decide not to go ahead with it.

Thanks



*** I forgot to say - this is for a secured loan (or so WF claim). They have a unilateral notice on our house, but that isn't the same as a secured loan (like a mortgage charge) - is my thinking correct?

Loancheck have not gone bankrupt.

Who told you that?

They've moved premises and website to yourloancheck.com

Plainly you didn't get the same letter that my sister did - she has 3 cases with them

Peresevere

scarednshakin

Hope someone can help OH has CC with Monument and sent a SAR to them on 9 September, just received letter today saying that the debt has been sold to Lowells. Can Monument sell the debt when he has sent a letter to them?

BigBro_1980

UTUBE wrote: »

Loancheck have not gone bankrupt.

Who told you that?

They've moved premises and website to yourloancheck.com

Plainly you didn't get the same letter that my sister did - she has 3 cases with them

Peresevere

Hi,

I've sent you a PM. But thought I may as well explain my conclusions.

LoanCheck is the company that does the initial bit. But the admin work is carried out by Severn Administration (and this is on the document you sign with LoanCheck). It states if I settle (with the loan company) before they complete their work, then I could be liable to their costs - which is fair.

Unfortunately, I have tried calling LoanCheck (or YourLoanCheck). The number is the same. There is no answer. I have also emailed YourLoanCheck on their email address and my email bounces back (server not found).

There are no contact details for Severn Administration either.

I have searched for LoanCheck and Severn Administration in Companies House. LoanCheck does not appear (neither does YourLoanCheck). Severn Administration's company number relates to Salop Management Limited. Who, according to Companies House, are Liquidated/in Recievership.

Unfortunately, I have started this process and time is an issue. I cannot wait forever and see what happens. I am also in a catch 22 where going to a new company could mean I get a bill from Severn (who are in Receivership/Liquidated) - but no-one knows how long for - if indeed they are??

If LoanCheck are running - then any contact details would be useful to have. Thanks.

scarednshakin

scarednshakin wrote: »

Hope someone can help OH has CC with Monument and sent a SAR to them on 9 September, just received letter today saying that the debt has been sold to Lowells. Can Monument sell the debt when he has sent a letter to them?

Have just checked and they have also not cashed the £10 cheque but the SAR request was delivered to them recorded delivery. Any idea how to respond to them?

cejsmith

never-in-doubt wrote: »

Is it continued, i.e. hsbc usually send an agreement in way of 4/5 pages of printed terms and they are numbered like page 1 of 5 etc etc - if so then does the info appear there? - anywhere? lol

You need to establish whether it is anywhere, then exactly where and in what layout.

The signed page of the agreement is just one page and the terms are just a pre printed documents with no actual figures.

cejsmith

Just got a letter back from barclays after telling them that the agreement doesn't agree with the terms of the cca 1974.

I quote

I write further to your letter alleging that we have failed to comply with our obligations in relation to your request for documents pursuant to section 78 of the CCA.

Please note that we have already set out , in detail, why we are satisfied that the documents already provided to you have dicharged out obligations under the act. We are under no legal obligation to provide any further documentation to you in the regard.

The letter they sent before this was just a computer generated letter that was a rebuff from my first letter was the agreement didn't comply. What should I do now????

pebbles88

Have just seen this on another thread i subscribe to....

i dont really understand it all... hopefully someone will be along who does

gfplux wrote: »

Sorry but it is all over for CCA requests as a get out of jail card.
The High Court has spoken.

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6868968.ece


there is also this.
https://www.eversheds.com/uk/home/articles/index1.page?ArticleID=templatedata\Eversheds\articles\data\en\Financial_institutions\consumer_credit_agreements_07Oct09

If you do not read it all the last paragraph is worth reading

SORRY

Still_surviving

From what i can gather from the Evershed's summary, everything up to an including the commencement of legal proceedings is now fair game, as that is not now considered 'enforcement'

I guess that now means if you dig your heels in, you will get your credit file trashed (we knew that already) and a CCJ registered. However, does it also mean you cannot have the CCJ enforced against you?

Edit - in fact if you read the response to the Times Article from Anthony Brennan, you will see this test case was in respect of a specific set of circumstances, which will not apply to many 000s of claimants.

Rallydriver

Still_surviving wrote: »

From what i can gather from the Evershed's summary,

A link to the actual judgement was posted in this thread on Wednesday.

I guess that now means if you dig your heels in, you will get your credit file trashed (we knew that already) and a CCJ registered. However, does it also mean you cannot have the CCJ enforced against you?

I'd think a CCJ was the enforcement. I think that judgement just means that the credit file will be affected which was just a matter of legal debate before.

I actually think its a good decision. There are people out there in dire financial trouble who could use it as a negotiating tool in reducing their debts and those that are so deeply in trouble they probably won't be too worried about their credit rating.

But there are also people who took on credit and can afford to pay it back who have been taken in by the chance to have it all cleared with no consequences, if they now continue they'll risk their credit rating and if they don't then they'll lose out by the cancellation fee from the CMC they signed up with.

Generally its probably the fairest way of dealing with the situation.