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I recently sent Lloyds a CCA request on 2 loans which I took out, almost 12 days later, I got a letter detailing all the payments that I have made since the loan was taken out, but nothing on the CCA document itself.
I have stopped paying for the loan for the time being and also sent them another letter asking for the CCA again.
In the meantime, I think I have PPI on the loan, and as the information on this site is so much, I dont even know where to start from, I have read that some people are claiming money back on dodgy PPI, can someone point me to the right direction please. what do I need to do/check for.
I sent the new letter to lloyds asking for the CCA on friday, so I'm hoping that this has already been received and another 12 day count starts.
There's no need to send another CCA request. Once they are in default that's it until or if they produce the document. The only other letter you might want to send them is an account in dispute letter but i usually waiit until the further 30 days have passed so they have commited an offence.
beavis123,
Sorry to stamp on you, CCA request 12+2days = default, 30 day offence now repealed./passe. Account in dispute letter after the 12+ 2 days next step.
"EXEMPLO DUCEMUS"
beavis123,
Sorry to stamp on you, CCA request 12+2days = default, 30 day offence now repealed./passe. Account in dispute letter after the 12+ 2 days next step.
"EXEMPLO DUCEMUS"
Thanks very much for the information, can you please point me to a sample account in dispute template on here.
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
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 your client enters into a default situation.
These limits have expired.
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim 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 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.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
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.
You have 14 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 have a CCA from Lloyds and have just been told by a mate that the way the amount has been calculated means that its short of about 9 pence per month, and this constitutes a breach of the CCA act.
Sent Lloyds CCA Request
a CCA request on 2 loans which I took out, almost 12 days later, I got a letter detailing all the payments that I have made since the loan was taken out, but nothing on the CCA document itself.
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Originally Posted by JGJ
