Lloyds TSB lost my original CCA

Stephen-k

I am not sure where I should post this, so perhaps a Mod can move this if its in the wrong place.

I have had this ongoing struggle since March 2010 with Lloyds TSB to give me a copy of my original credit card agreement.
The agreement was made around 2003 and I cannot find it in my records.
I sent to them the templates listed on this site asking for a copy.
The last one I refused to pay any more toward the debt.

They eventually came back with a letter stating that no they could not find the CCA but because I have been paying x amount per month shows that there is a debt to begin with !

They have now passed my debt of £1,500 onto a collection agency who are now demanding it all.

Are LLoyds tsb right ?
As I have made payments does that mean I have no grounds to dispute anything ?

I would be grateful for any guidance with this.

PARIS_5000

Stephen-k wrote: »

I am not sure where I should post this, so perhaps a Mod can move this if its in the wrong place.

I have had this ongoing struggle since March 2010 with Lloyds TSB to give me a copy of my original credit card agreement.
The agreement was made around 2003 and I cannot find it in my records.
I sent to them the templates listed on this site asking for a copy.
The last one I refused to pay any more toward the debt.

They eventually came back with a letter stating that no they could not find the CCA but because I have been paying x amount per month shows that there is a debt to begin with !

They have now passed my debt of £1,500 onto a collection agency who are now demanding it all.

Are LLoyds tsb right ?
As I have made payments does that mean I have no grounds to dispute anything ?

I would be grateful for any guidance with this.

Send them a letter telling them the account is in dispute because they cannot provide a CCA.

The debt is legally unforceable without a CCA so they cannot take court action against you howver they will still make threats to you about taking you to court.

I would also send them a formal letter of complaint because you will need this if you later on have to refer the matter to the FOS.

izools

Whilst the debt is unenforceable by the courts without a CCA, they are still within their rights, legally, to record the account as in default on your credit file showing the actual balance, and they are also legally within their rights to take funds from any other accounts you hold with Lloyds Banking Group to pay for the debt.

Whilst the debt is not enforceable by a judge, it is also not statute barred and as such it is a grey area as to whether or not the Debt Collection Agencies are within their rights to chase you for the debt.

TaxPayingMug

PARIS_5000 wrote: »

Send them a letter telling them the account is in dispute because they cannot provide a CCA.

The debt is legally unforceable without a CCA so they cannot take court action against you howver they will still make threats to you about taking you to court.

I would also send them a formal letter of complaint because you will need this if you later on have to refer the matter to the FOS.

Regardless of hether it is enforecable or not, the DCA will still slaughter your credit rating....and RIGHTLY SO!

Too many bloody people now, taking money from lenders, and looking for any way out they can.

TaxPayingMug

izools wrote: »

Whilst the debt is unenforceable by the courts without a CCA, they are still within their rights, legally, to record the account as in default on your credit file showing the actual balance, and they are also legally within their rights to take funds from any other accounts you hold with Lloyds Banking Group to pay for the debt.

Whilst the debt is not enforceable by a judge, it is also not statute barred and as such it is a grey area as to whether or not the Debt Collection Agencies are within their rights to chase you for the debt.

Its not a grey area at all.
Just because the debt cannot be enforced, it doesn't make the monies suddenly not owed anymore.

Dannydebt

TaxPayingMug wrote: »

Its not a grey area at all.
Just because the debt cannot be enforced, it doesn't make the monies suddenly not owed anymore.

I agree 100%, I had a Friend who done this with Lloyds TSB on a OLD Trustcard (Became Mastercard), went to a solicitor who told him that he was on shaky ground as the bank would simply say:

1) He received the card and used it.
2) He signed the back and therefore accepted the terms and conditions (No matter if he did not read them or even got them).
3) He would have activated that card or any subsequent cards and again would have been deemed to accept them.

Needless to say he ignored the advice, LTSB defaulted him, ruined his credit rating for 6 years and the DCA applied to arrest his wages, only then did it dawn on him and he made them a offer to repay, but every 3 months they still hassle him and want the payment to increase.

Not the sort of route I would want to go, but the banks view (And rightly so) was the bank did not force the card in his hand, nor did they force him to use it, and now he has they want their money. Seems fair to me.

I had plenty of old credit card debts from years ago, but it was me that run them up and it was me that now has to repay them, I would not dream of trying to wriggle out of something that I myself did.

Anyway that's just my view.

jonesMUFCforever

Did a high court judge not rule that lenders can re-constitute a CCA and do not have to send an original copy?

zppp

jonesMUFCforever wrote: »

Did a high court judge not rule that lenders can re-constitute a CCA and do not have to send an original copy?

I believe they can: Carey v HSBC Bank plc

opinions4u

izools wrote: »

Whilst the debt is unenforceable by the courts without a CCA, they are still within their rights, legally, to record the account as in default on your credit file showing the actual balance, and they are also legally within their rights to take funds from any other accounts you hold with Lloyds Banking Group to pay for the debt.

Under the LTSB banking licence (including C&G), yes.

Under the Bank of Scotland licence (including Halifax, BM, Saga, AA, IF), no. Not yet, anyway.

PNPSUKNET

I have decided, no longer to pay the milk man as he hasnt a signed agreement

sharpy2010

PNPSUKNET wrote: »

I have decided, no longer to pay the milk man as he hasnt a signed agreement

That's ridiculous, he'll stop giving you milk?