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Hi Guys, I have a maxed out Lloyds TSB credit card which I was just about to split up between 2 0% interest cards. Then I saw this forum.
I have been struggling for a while to make ends meet and am paying interest only on my mortgage (apparantly that's the best they can do for me).
So, I assume I must send a request for the credit card agreement before I do anything else? Question: will asking for this have any efect on credit ratings etc? Some of the posts say it is the first step in a disagreement and will put the account in dispute. Is this correct?
Also is there a limit? I am looking at £10,000 or there abouts.
As your account does not appear to be with a DCA yet, just send it to the credit card company. Send it either recorded or special delivery and keep your receipts.
They have 12+2 days to comply. If they do not comply within that time, you can then tell them your account is in dispute, and if you want to, you can stop making payments.
Keep us informed of what happens if you do decide to request your CCA, and if they do send you any agreements, if you scan them and upload them on here, we will be able to tell you if the agreements are enforceable. Just remember to edit any personal details, account numbers and bar codes before you post.
Good Luck.
ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!
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If my maths are correct then you should be sending the account in dispute letter.
I do not acknowledge any debt to your company
Dear Sir,
Re:−
FORMAL NOTICE - ACCOUNT IN DISPUTE.
This letter is further to letter from yourselves dated (enter date).
On the (enter date) I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
To date you have failed to comply with these requests in any way.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.
These limits have expired.
As you are no doubt aware the Consumer Credit Act states:
If the creditor fails to comply with Subsection (1)
He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counter-claim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days of the initial request to stop processing my details, provide me with a detailed Breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .
You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
Fill in the appropriate bits, and again, do not sign it. Send it by recorded or special delivery. Your account is now unenforceable until they come up with your agreement.
ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!
IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE
IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR
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Thanks guys, I think I have 2 days left as yet, it is 12 working days isn't it. If I do receive anything in the next two days I will scan and upload otherwise I shall send off the letter.
Thanks again
Hi Guys, well their time is up and no CCA has arrived. When I send the above letter what sort or response am i likely to get? Looking at other threads they seem to vary a lot and it is getting a little confusung. I thought I had it all straight but the more I read the more confusing it becomes. Also my apologies, I think I am posting in the wrong thread but I don't have a new thread button! Am I doing something wrong?
Thanks guys, I think I have 2 days left as yet, it is 12 working days isn't it. If I do receive anything in the next two days I will scan and upload otherwise I shall send off the letter.
Thanks again
Hi DandS,
As far as I am aware, the 12+2 days includes weekends also.
DON'T FORGET MY REPUTATION STAR!!!
If all else fails, kick them where it hurts and SOD'EM
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Hi Guys, account in dispute letter sent today since I have had nothing from them. If there is no lagal CCA is that it, what can they do now?
I don't have a new thread button so I am posting in the wrong place....sorry.
Hi DandS don't worry about posting in the wrong place, one of the mods can move it to the relevant forum if necessary. If you have had no reply and sent account in dispute letter and have proof of delivery of your original request you need to sit back and wait for them to furnish you with a copy. They are not legally entitled to take money off you or start any legal action (not that this stops them) so just wait until you have a reply. Good luck
<<<<<<<<<<<<<<<<If I have been of any help please feel free to tickle scales!!!>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>
Hi Guys, finally got a redponse. 7(see below)
We refer to your request for documentation under section 78 of the consumer credit act 1974. We have recently received a high volume of similar requests. We are currently reviewing our process so that we can provide a comprehensive response in accordance with the requirements of section 78 of the consumer credit act 1974. We will respond to your request shortly.
In the meantime please note payment due under the credit agreement must not be missed. If payments are missed charges may be incurred on the account and legal action may be taken. Missed payments can also affect credit rating and make it more difficult to get credit in the future.
What do you think? I sent the account in dispute letter and didn't make this months payment.
Hi DandS They haven't furnished you with your agreement, they know they account is in dispute so you have done what you need to do. If it was me I would wait for my agreement and ignore their letter about making payment. They should not be collecting on an account that is in dispute until the dispute is resolved. Hope this makes sense
Hi Guys, had a phone call from ltsb today asking why I had not made a payment. I told them the account is in dispute and that any further contact should be in writing, he said there was nothing on the system telling him this. I told him to double check and that it was not my problem and to write to me when he is ready, said bye and put the phone down.
Just thought I would let you all know.
im relieved to say that ive sorted out my phone calls and have stopped them in their tracks, lol
i cant believe the quiet in the house now, it just shows that these constant calls are so harrassing, anyway they will be forced to write to me as now im making sure by sending the harrassement letter and do not send doorstop callers combined again for my paper trail.
DandS, Lloyds TSB Credit Card
TSB credit card which I was just about to split up between 2 0% interest
Reply With Quote
ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT 
Originally Posted by DandS
don't worry about posting in the wrong place, one of the mods can move it to the relevant forum if necessary. If you have had no reply and sent account in dispute letter and have proof of delivery of your original request you need to sit back and wait for them to furnish you with a copy. They are not legally entitled to take money off you or start any legal action (not that this stops them
) so just wait until you have a reply. Good luck
