are tsb right in what they say

chrispnet

requested copies of creditagreements from tsb they wrote back saying they dont have any copies and they dont need to supply them if i dont repay they will take me to court is this right

FTW

chrispnet wrote: »

requested copies of creditagreements from tsb they wrote back saying they dont have any copies and they dont need to supply them if i dont repay they will take me to court is this right

What agreements are they? Loan, credit card, overdraft?

chrispnet

one is for a loan which we know we had ppi from 1997 and another for a credit card

fermi

If they refuse to supply at least a reconstituted copy, then a court should not make an order to enforce the debt.

Some info here --> New OFT Guidance on agreement requests under s77-79 of the Consumer Credit Act

chrispnet

i received what they say is a reconstuted signed copy of an agreement it is not signed it is just a copy of trustcard term and conditions

fermi

Well, they don't have to supply a photocopy of the agreement you signed to comply with a s77/78 request.

So they most likely can take it to court.

However, if they did then you would ask for them to produce an original. If they cannot, or cannot satisfy the court that their reconstituted version is correct in the essential details and is enforceable, then a court may decide under s127(3) that the debt cannot be enforced via the court.

If's and but's there, but it does come down to the judges decision on the day.

FTW

chrispnet wrote: »

i received what they say is a reconstuted signed copy of an agreement it is not signed it is just a copy of trustcard term and conditions

Has there been a full six year period when no payment or written acknowledgement of debt was made?

But I'd say what they've sent you wouldn't hold water in court - especially if your signature isn't on that document. Terms and conditions on their own do not constitute an agreement, since there isn't a signature on that document to bind you to those terms.

PNPSUKNET

1997 is a longtime ago though, so may have dataprotection implications with keeping of data

GeorgeUK

If you want a copy of the original signed credit agreement, you can send a subject access request (SAR - cost £10). Under the data protection act you are allowed to see all data held on you by a company. This will include any correspondence and documents including the CCA.

FTW

PNPSUKNET wrote: »

1997 is a longtime ago though, so may have dataprotection implications with keeping of data

Royds TSB ideally should be retaining all information for 6 years after the account is closed.

fermi

GeorgeUK wrote: »

If you want a copy of the original signed credit agreement, you can send a subject access request (SAR - cost £10). Under the data protection act you are allowed to see all data held on you by a company. This will include any correspondence and documents including the CCA.

Looks like they have already admitted that they don't have a CCA, so that's not going to be a huge amount of use.