bls cca reply

mitchum

I sent a CCA request to BLS regarding an old lloyds account I had been paying them for several years. I used a standard template and sent it registered post....then remembered the account was an overdrawn current account so there is no original credit agreement. Anyway, I recieved a reply a few weeks later from Lloyds TSB; they sent back my original letter and my £1 postal order (made out to BLS) and the following letter:
"Please note that section 78 of the CCA 1974 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) of £1. We have not received enough details from you to process your request (they go on to ask for every bit of detail of me for years and then ask if I want to make a request to send the right fee and app. authorisation to their Brighton address). I hope we have now clarified our postion".
What should I do now? shouldn't BLS provide a statement of account and deed of assignment? Is the account still in dispute? The amount owing is several hundred pounds but I'll be darned if I have to pay them anymore. Anyone got any ideas?

GeorgeUK

As far as i am aware, they should have provided you with a statement of account and deed of assignment as you had asked for that in your letter.

You did not make a subject access request which they are referring to. I believe they should have informed you of the above in that an overdraft does not have a credit agreement which is why one was not provided, but they should have fulfilled the other data requests.

I would write to them again stating that you still require the statement of account and notice of assignment if your really want these. Not sure how much use they'll be to you though.

A long time ago i looked into how you might be able to deal with overdrafts and found that a CCA request would be of no use for these. I think they should have sent you some documentation about the overdraft though - possibly just a letter stating that you had an overdraft and what the limit was. It was a long time ago now and i can't find the thread again - there may be details of this on the consumeractiongroup though if you want to look on that forum.

mitchum

I started receiving the usual computer-generated letters wanting me to ring them and daily phone calls again ( which I never answer); I sent them (BLS, not Lloyds) a letter by special delivery informing them it was their responsibilty to provide me with the documentation I asked for, along with a copy of my original letter and the £1 postal order. A couple of days later the phone calls stopped. Then a week or so later I received a letter from BLS claiming my lack of contact with them showed I had no intention of paying them and if I don't ring them within 14 days, " you will force us to commence legal action against you".
What sort of case will I have if we do go to court, bearing in mind they have failed my requst twice?

GeorgeUK

mitchum, what type of debt is the BLS one?

mitchum

It's an overdraft George.

RAS

You cannot ask for a CCA for a bank account (roughly what they told you in the letter).

If you want to challenge the charges etc that have been added to the account, you need to do a SUbject Access request which costs £10.

mitchum

So should I take them on in court or just bite the bullet and re-arrange payments with them?

GeorgeUK

I think it would be a better idea to set up payments with them as going to court may put you in a weaker position. A CCA request will have no bearing on an overdraft as there is no actual agreement. If you intended to counterclaim the charges and dispute the amount owed, that may be an option, but i think waiting until the house of lords had dealt with the court case may be easier.