Credit Consumer Agreement

Writetime

Some advice, please! For around 20 years, I have been paying off what Lloyds Bank say were two 'loans' I had been given by them. I have paid every month, in increasing amounts over the years, which are now £25 per month each. Apparently, the interest on these 'loans' was frozen some years ago. After so long, I cannot even remember how much these original loans were for. Never seeing an end to this, I took the advice of Citizens Advice, who told me that the loans were not enforceable without the bank sending me copies of the original agreements. I sent off two £1 cheques to Lloyds, and requested that under the Consumer Credit Act of 1974, I was entitled to receive these copies from them. In the meantime, I have ceased paying each month. I have now been told by Lloyds that they no longer have copies of the agreements, and that by law, they can still enforce payment without them, as they do have records of how much I owe and how much I've paid. Can you please tell me where I stand legally? I have so far received one letter from a company who now represent Lloyds, (Westcott), saying I am obliged to continue paying. To me, 'obliged' does not mean I have to pay, merely that they would like me to pay. I have also been told that Lloyds cannot take me to court to enforce payment of these loans. What do I do?

fatbelly

This is going to be better on the DFW board - one of the mods may move it.

Writetime

Sorry for my ignorance, but I'm new to this. What's the DFW board - and a 'mod'? If I knew what these were, perhaps I could move the message myself???

IainHL

DFW is Debt Free Wannabe.

Mod is a Forum Moderator.

Personally I would say your post is in the right board on the forum. I hope someone with more time than I have got comes along to offer you the advice you need.

poppasmurf_bewdley

It doesn't sound as though the two companies have complied with your CCA request, and therefore the agreements are still live but cannot be enforced through the court, so therefore are null and void.

I'm sure Sourcrates will be on here shortly, and he will be able to tell you whether the CCA's have been satisfied.

Good luck.

sourcrates

poppasmurf_bewdley wrote: »

It doesn't sound as though the two companies have complied with your CCA request, and therefore the agreements are still live but cannot be enforced through the court, so therefore are null and void.

I'm sure Sourcrates will be on here shortly, and he will be able to tell you whether the CCA's have been satisfied.

Good luck.

OP posted on DFW board, we got him sorted.