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Hi all Ive not started a thread of my own on this one yet so here goes.
this is for my credit card ,story so far sent for cca back on febuary 9th
account in dispute signed for on the 27th feb,
4th march received -we are looking into your complaint with ref no.....
12th march received sorry for the delay we a loads of request etc...
22nd april reminded about dispute,sent to andover+Brighton,(both signed )
23rd april received weve still not had a payment, have you forgot us letter.
still no agreement
1st may sent SAR -signed for 7th may
7th may received-sorry for the delay in sending your agreement
8th may-received expediture form for me to fill in
still no agreement
18th may received -request for signature on SAR.
20th may sent sar back signed/crossed signed 22ndmay
still no agreement
so account in dispute 27th feb -still no agreement-nothing at all infact
It says in paragraph 1 that a default notice has been issued,but according to my paperwork,I havent got one,
all I have received is statements with remarks on them,the last one asking me to cut my cards in two and send them back,
I havent been informed that the account is closed,
and certainly havent had anything in the way of agreement,just we are looking into your complaint...last one may.
as I havent dealt with Lloyds for some time these seem to be quite comical and now it seems GAME ON time.
be interested in everybodys veiw (especialy BF)
THIS IS A REQUEST UNDER THE Civil Procedure RULES.
PLEASE DO NOT IGNORE.
I am in receipt of your letter dated 15TH June, this was received on 20th June 2009.
You have indicated that a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.
I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that they are having trouble locating this due to the high volume of same request, my first request was made on xxxxxxxx 2009 and as you know your client has 12+2 working days to supply me with this request under the consumer credit act 1974, Your client has failed in supplying me and my agreement and despite letters from Lloyds ref xxxxxxx on the xxxxxxxx and xxxxxxxyour client has still not produced the documents I require, therefore Lloyds have Defaulted on this account since 24th February2009, I have disputed this account since. I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.
Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted ommisions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.
Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:
[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and
[2] Any further or subsequent notices, terms and conditions relied upon. 3) Any default notice issued to this account.
Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.
A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.
Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.
I look forward to hearing from you within the time stated.
GARY68 V LlOYDS SOLICITORS
-signed for 7th may
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