hi, i applied for my cca request to triton dca using the template letters on this wonderful site concerning a loan from lombard..

i enclosed the postal order for £1 and did not sign the letter.

they have replied stating that they have declined my request and returned my postal order because i have not provided a signature.

they have said if i provide a signature 'they will be happy to release the relevant information under the act'

the reply letter was sent 2nd class post~(not recorded)

will i just continue and send them the second 'default' letter as they have not complied with my request?

many thanks in advance, i am going to donate to this site, i am happy that i have annoyed them lombard/triton dca!

Hi Reg

Welcome to CAG

The guys will advise as soon as they are available.

you made a lawful request, so wait 12+2 days then send the account in dispute letter, sod em

same answer as phg7447............Signature is not a requirement of that lawful request.

Bunch of amateurs!

I would like to comment but I would get booted from the forum, if you get my drift.

Mr:x

:lol:

Mr w

hi, i applied for my cca request to triton dca using the template letters on this wonderful site concerning a loan from lombard..

 

i enclosed the postal order for £1 and did not sign the letter.

 

they have replied stating that they have declined my request and returned my postal order because i have not provided a signature.

 

they have said if i provide a signature 'they will be happy to release the relevant information under the act'

 

the reply letter was sent 2nd class post~(not recorded)

 

will i just continue and send them the second 'default' letter as they have not complied with my request?

 

many thanks in advance, i am going to donate to this site, i am happy that i have annoyed them lombard/triton dca!

Guidance on sections 77, 78 and 79 of the Consumer Credit Act 1974 – the duty to give

information to debtors and the consequences of non-compliance on the enforceability of the agreement

1.1 This guidance note, published pursuant to Section 4 of the Consumer Credit Act 1974 (the Act), provides guidance to businesses in relation to their duties (under regulated consumer credit and consumer hire agreements) to give debtors and hirers copy documents and statements of account on request under Sections 77(1), 78(1) and 79(1) of the Act.

1

The Act refers to the duty of the creditor and owner under these sections as being one to give information and this guidance will refer to requests made under these sections as 'information requests'.

1.2 The sanction under the Act for non-compliance with an information request is unenforceability of the credit or hire agreement for so long as the creditor or owner fails to comply with his duty.

2

Where there is such a failure, the courts have no discretion to allow enforcement.

PS PLZ mt your inbox ....incomming

thanks for the replies everybody. good to know others have been down this road!

whats up mr w?

have i done something wrong? i dont understand the laughing icons are for.

many thanks.

Hi, Done something wrong, not at all ! the laughing icons are aimed at the dca's lack of ability to conduct themselves within the appropiate manner.

Mr

thanks for the replies everybody. good to know others have been down this road!

 

whats up mr w?

 

have i done something wrong? i dont understand the laughing icons are for.

 

many thanks.

excellent! thanks feel better now. like most people im a bit unsure about all this. im glad that i appear to have made them think!. thank you all for the help!

What is the address on the letter from Triton ? Have they included their OFT licence number on their letter ?

42man i will check tonight and get back to you.

they must have recieved my letter today, as they have phoned my mobile and my parents today! they left me a voicemail, and an extension number to call back. they have no chance.

im sending the 'written communications only' letter tomorrow.

funny, my original cca rquest letter was sent to triton, and lombard got back to me on the same day. that they recieved my letter.

same office? probobly.

What is the address on the letter from Triton ? Have they included their OFT licence number on their letter ?

triton credit services po box 550

manvers

rotherham

s63 3ed

no oft licence number, just says they are trading name of RBS.

thanks for all the help again

OK unfortunately they do seem to have a licemce....

Licence Number:0176720

Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberThe Royal Bank of Scotland PLCSC 90312

Licence Notes:

EvtStageOpen DateNotes245CCA Section 74(3) Outcome22/01/1990

Categories:

Consumer credit Consumer hire Credit brokerage Debt administration Debt collecting Provision of debt-counselling on a commercial basis

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

Churchill Direct Debt Services Direct Line Direct Line Financial Services Direct Line One Account First Active Holts Loanline Loans From Churchill Lombard Direct Lombard Direct Mastercard Lombard Premier Lombard Trust & Savings Mint Natwest Mentor Services Tamarisk Debt Management TDM The One Account The Personal Insurance Service The Personal Loan Service The Personal Savings Service The Royal Bank of Scotland Mentor Services Triton Credit Services Unidebt Collections

Trading Name(s) (Historic):

Churchill Loans

Issued Date: 30-Aug-1985

Date Maintenance Payment Due: 05-Sep-2015

Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionAileen Norma Taylor Alexander Maxwell Crombie Arthur Frederick Ryan Brendan Robert Nelson Bruce Winfield Van Saun Colin Alexander Mason Buchan John McFarlane Joseph Patrick Machale Penelope Lesley Hughes Philip Gordon Scott Philip Roy Hampton Stephen Alan Michael Hester

Historic Individuals that run the organisation:

NamePositionAileen Norma TaylorNew Company SecretaryAlexander Maxwell Crombie Archibald Sinclair HunterOFFICERArthur F RyanDirectorBrendan Robert Nelson Bruce Winfield Van SaunDirectorCameron McLatchieOFFICERCharles John KochOFFICERCharles Murray StuartOFFICERColin Alexander Mason BuchanOFFICERDr Elizabeth Hawkins NelsonOFFICEREileen Alison MacKayOFFICEREmilio Botin-Sanz de Sautola Y Garcia De Los RiosOFFICERFrederick Anderson GoodwinOFFICERFrederick Inglis WattOFFICERGeorge Anthony SchofieldOFFICERGordon Francis PellOFFICERGuy Robert WhittakerDirectorIain David Thomas VallanceOFFICERIain Samuel RobertsonOFFICERJames McGill CurrieOFFICERJanis Carol KongOFFICERJohn Alistair BarclayOFFICERJoseph Patrick MachaleOFFICERJuan Rodriguez-InciarteOFFICERLawrence Kingsbaker FishOFFICERMaurice Victor BlankOFFICERMiller Roy McLeanOFFICERMr Alan EllisOFFICERMr Alexander Macdonald HamiltonOFFICERMr Alfred George PollardOFFICERMr Charles Frederick Eardley ShakerleyOFFICERMr Charles Milne WinterOFFICERMr David Beatson ClarkOFFICERMr David George Patrick Coke OgilvyOFFICERMr David RobinsonOFFICERMr Frederick Ranald Noel-PatonOFFICERMr George GraboysOFFICERMr George Kenneth Hotson YoungerOFFICERMr George Morgan ThomsonOFFICERMr Henfry Louis Carron GreigOFFICERMr Henry Edward FarleyOFFICERMr Hew CampbellOFFICERMr Ian Clark WoodOFFICERMr Ian Faulconer Heathcoat GrantOFFICERMr Jaime Botin-Sanz de Sautuola Y Garcia de los RiosOFFICERMr James Craufuird Roger InglisOFFICERMr James Snodgrass LindsayOFFICERMr John Nigel Courtenay JamesOFFICERMr Kennedy Campbell FosterOFFICERMr Kenneth ThompsonOFFICERMr Lewis Sinclair McGillOFFICERMr Maurice Victor BlankOFFICERMr Miller Roy McLeanOFFICERMr Norman QuickOFFICERMr Peter Edward Gerald BalfourOFFICERMr Peter John WoodOFFICERMr Robert Grieve DuthieOFFICERMr Robert Mitchell MaidenOFFICERMr Sidney ProcterOFFICERMr W R E ThomsonOFFICERMr William Robert McKimOFFICERMr William Ronald Erskine ThomsonOFFICERMr. Kennedy Campbell FosterOFFICERMs Eileen Alison MacKayOFFICERNorman Cardie McLuskieOFFICERPenelope Lesley HughesDIRECTORPeter Denis SutherlandOFFICERPeter Dennis SutherlandOFFICERPhilip Gordon ScottDirectorPhilip Roy Hampton Professor Derek French ChannonOFFICERRobert Avisson ScottOFFICERRobert SpeirsOFFICERRt Hon Earl Of AirlieOFFICERSir Adam ThomsonOFFICERSir Angus GrossartOFFICERSir Austin William PearceOFFICERSir George Ross MathewsonOFFICERSir Maxwell Harper GowOFFICERSir Michael Alexander Robert YoungOFFICERSir Michael Young-HerriesOFFICERSir Robert Grieve DuthieOFFICERSir Thomas Fulton Wilson McKillopOFFICERStephen Alan Michael HesterDirectorStephen Arthur RobsonOFFICERThe Rt Hon Earl of AirlieOFFICERThe Rt Hon Lord ThomsonOFFICERThe Rt Hon The Earl Of AirlieOFFICERThe Rt Hon. Lord Younger of PrestwickOFFICERThe Rt. Hon. Viscount Younger of LeckieOFFICERWilliam Michael FriedrichDirectorWilliam Moore WilsonOFFICER

Nature of Business:

Banking services

Current Address(es):

Address TypeAddressCorrespondenceRBS Gogarburn, PO Box 1000,, Group Secretariat, , House G, EDINBURGH, EH12 1HQ, United KingdomPrincipal Place Of Business36, St Andrew Square, Edinburgh, EH2 2YB, ScotlandRegistered Office36, St Andrew Square, Edinburgh, EH2 2YB

Historic Address(es):

Address TypeAddressCorrespondence2ND fLOOR bUSINESS hOUSE f, Gogarburn Po Box 1000, eDINBURN, EH12 1HQCorrespondence42, St Andrew Square, Edinburgh, EH2 2YECorrespondence42, St. Andrews Square, Edinburgh, EH2 2YECorrespondenceGroup Secretariat, 2nd Floor, House F, RBS Gogarburn PO Box 1000, Edinburgh, EH12 1HQCorrespondencePO Box 1000, 2nd Floor, House F, EDINBURGH, ScOTLAND, EH12 1HQ, United KingdomCorrespondencePO Box 1000, EDINBURGH, EH12 1HQ, United KingdomCorrespondencePO Box 1000, Group Secretariat,House G, EDINBURGH, EH12 1HQ, United KingdomCorrespondenceRBS Gogarburn, Group Secretariat, EDINBURGH, EH12 1HQ, United KingdomPrincipal Place Of Business36, St Andrew Square, Edinburgh, EH2 2YBPrincipal Place Of Business36, St Andrew Square, EDINBURGH, EH2 2YB, United KingdomPrincipal Place Of Business36, St andrew Square, EDINBURGH, EH2 2YE, United KingdomPrincipal Place Of Business36, St Andrew Square, EDINBURGH, Scotland, EH2 2YB, United KingdomPrincipal Place Of Business36, St Andrews, EDINBURGH, EH2 2YB, United KingdomPrincipal Place Of Business42, St Andrew Square, Edinburgh, EH2 2YEPrincipal Place Of BusinessPO Box 51, EDINBURGH, EH2 2YB, United KingdomPrincipal Place Of BusinessPO Box 51, sT ANDREW SQUARE, EDINBURGH, SCOTLAND, EH2 2YB, United Kingdom

In response to their request for a signautre, then this might be a good letter to send (recorded) - http://www.consumeractiongroup.co.uk/forum/content.php?433-Debt-Letter-When-company-refuse-CCA-due-to-no-signature

thats amazing info. good to know we can search them like they can search us!

ive sent the letter you suggested recorded.

thanks for the help!

update. i have today recieved a letter from lombard headed notice of termination.

it says my agreement has been terminated and they may take legal action against me to recover all monies.

they may notify credit reference agancies about my status.

please call us urgently to pay the full balance and avoid any further action being taken against me.

i dont think they have recieved my latest letters i sent.

which template letter should i now send if any? or what action should i now take.

many thanks!

Just acknowledge the termination letter dated xxxx.OR do nothing.

I believe its an unlawful termination as they still havn't complied with your cca request

Ignore them, it is a standard letter template they have to send out informing you of their position.

Did they send you a default notice prior to terminating the account?

Another snippet I saved...

The Termination is key, because it means they cannot then fix the defective Default Notice, as by then there is no longer a live Agreement capable of having a Default Notice issued upon it.

Termination just means the ending of the Agreement, so can take a variety of forms. ???????? will probably send a letter, assuming they have not done so already (search your home for that letter if you think they have already sent it), and the letter will say the Agreement is cancelled.

Cancel/Terminate/End...all mean the same thing.

Likewise, they can also Terminate by doing something that is not in keeping with there being a live Agreement. For example, if you had a Balance of £10k and had £500 of Arrears, then if they demand the full £10k Balance rather than just Arrears, then that is Termination. It is a clear signal that they regard the Agreement has ended, because the demand for the whole Balance shows they no longer regard you as having the Agreement benefit of being able to pay off the Balance stretching out into the future.

This is important because s87/88 of The Consumer Credit Act 1974 sets out what a Creditor must do if they wish to Terminate a Regulated Agreement when the Consumer is in default of that Agreement (i.e. in Arrears or has done, or not done something the Agreement required).

Read s87 and s88, and you will see what a Default Notice means, and why a Creditor must have a valid one before Termination if they wish to enjoy the benefits of s87...those being the right to take the next step, Terminate and/or demand early repayment of a sum only otherwise due in the future.

If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed.

had a look and they did end me a default notcie.

i dont think they have recieved my 2nd cca request letter, the template one i got off this site.

i suppose i will wait for their next letter, as i dont really know what to do next?

thanks for all the help again.

Ok, don't continue sending them CCA requests, ONE is ALL that is required, if they failed to respond to the first, then the only correspondence they should get is 'account in dispute' FAILED!

thanks for the reply. i had already sent them the account in dispute failure to provide a copy of agreement in prescribed timescale.

seems that they are ignoring all the letters i send!

ill keep the faith and wait and see what their next move is . thanks!

Ignorance is what they are good at. You should reciprocate the same tactic they use.

update.

lombard have replied with a short letter stating that 'all letter requesting subject access need to be signed by your usual signiture''

'upon reciept of the fee we will be happy to provide you with the relevant information'

seems not to be a template letter, as the english isnt great.

its hand signed by the; debt management and fraud relations person.

they are really not complying. any ideas of what my next move should be?

many thanks.