Thank you for your help so far. I am going to contact Lloyds initially and complain that I believe I was mis-sold the PPI on the credit card and see what they have to say. I have also called the Financial Ombudsman as I looked at their website and it seemed they would look into any complaint, but at this stage I'm prepared to give Lloyds the opportunity to resolve it first (maybe wishful thinking!?) I have a few questions and again any advise would be well received. Is there a template letter I could use to contact Lloyds in the first place for someone who applied on-line for a credit card and will I need to quote an amount I am reclaiming? If so I guess I should request a SAR to calculate the amount or would Lloyds do that?

I would be grateful for any feedback or advise on the letter I am going to send to Blair, Oliver & Scott in response to their letter threatening to start court action. I have basically copied the one suggested by PT2537 in his 'why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement' thread. Also I have tried to upload again a copy of the letter they sent (i've dont it in the past, but now cant remember how.!!) and again any thougths or feedback would be good My proposed response Dear Sirs Account number I write with regards to the above account with your organisation. Following you letter dated xxxx stating your intention to start court action, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by 4pm on XXXX Date Regards

I'm not sure if I have downloaded the letter correctly or whether it is too small, if so let me know and I will try again

Hi I wonder if anyone can help. I received this letter today from Blair Oliver & Scott today (see below). Just to bring everyone upto date I did sent the letter suggested by clemma back in August and BOS have written a few times since just demanding money. I just ignored them until earlier this week when I did write again and my letter must of crossed with the one I received today (also see below). In my letter earlier in the week I was just asking again why BOS were still involved as I hadn't receieved a true copy of my credit agreement. Halifax themselves havent sent anything since the letter back in August which said at this time they couldn't find my signed CCA. Now is this a serious threat of court action or a bluff and what should my response be. Should I write again saying as they intend to start court proceedings I assume they now have a true copy of my signed credit card agreement and I would be grateful if they could sent me a copy to review or should I consider sending a CPR 31.16 letter? And who should I reply to Halifax or BOS? Any advise would be greatly received. thanks Copy of letter sent by Blair Oliver & Scott [/img]

Hi Clemma..Thank you for the template and I'll keep everyone updated.

Ok an update. I have recieved what I believe is a dodgy Default amd Termination notice (I dont believe they gave enough time, see above). I have kept asking for a true copy of my CCA. Halifax have written in the last few weeks now saying they are at this time unable to provide a copy of the signed application form , however they confirm it is their procedure to obatin a customers signature all agreements with proscribed terms......Well find it and send it to me and we can start talking..!!! I have received a letter from their in-house debit colllectors threatening this and that, OK well bring it on..!! What I would like to do is send the 'bemused letter' Could someone please point me in the right direction of the template, I cant seem to find it. Thanks

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This is a good question. As I also recieved a default notice 7 days after the date on the letter. I have kept the envolope, but like Imansquest only have a barcode.?? Does anyone have an idea how or if you can denote actual posting date?

Hi Halifax having sent me a Default Notice have now sent a Termination Notice. I'm just looking for some advise on a few points and also what my next steps should be. 1, Is the Default Notice enforceable as it only gave 14 days in total. Should there be some allowance for posting? 2, The Termination Notice is dated the 20th May, which only allowed 13 days from date of Default and is it an actual formal Tremination Notice, seems very informal to me?? I've uploaded below If you read my thread I have sent a CCA request and only received their standard T&C's I have also sent a follow letter, stating their T&Cs were not good enough and requetsing a true signed copy of agreement, but never received a reply. Should I now be thinking about going down the CPR route?? Any views or advise would be greatly appreciated.

Guess it depends on who exactly the loan or credit card is with. Mine was a Halifax credit card, so made my postal order out to Halifax Card Services. Hope this helps.

Actually last full payment was in Feb, I made a token payment in March and nothing since. Speed of the default maybe down to answering only 1 of their calls to tell them all communication in writing only. Thing is and I'm not totally sure, but shouldn't they allow time for posting of say 2 days in addition to the 14 days stated in the Default notice. I've looked over the last couple of days on the site and everyone who has received a Default Notice from the Halifax have only being given 14 days in total and like me recieved the letter around 7 days after date stated on the Default.?? Just wondered if anyone could confirm and also point me in the right direction for my next move. As I said before I have only received 2 sets of terms and conditions after my original CCA request. I then sent an account in dispute letter requesting and true signed copy of my credit agreement and nothing back at all

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Hi, I wonder if anyone can help. I sent an account in dispute letter to the Halifax after they just sent 2 copies of their terms and condition in response to my CCA request. That was back in late March. I never received a reply to that letter until this Default Notice came today. Firstly could someone tell if they think the Default Notice is all OK. It's dated 7th May, but surprise surprise it takes a week to arrive with me. It allows 14 days, but shouldn't there be some time for posting? and secondly how should I respond? Should I write again asking for a true copy of my CCA, if so could someone point me in the right direction to a template. Thanks for any help in advance http:// http://

Going to sub. I took my card only few months before you.

Thank you clemma you help, it is really appreciated. I was going to sent the letter you suggested, however with this bit added to the bottom. Do you think it's OK to add? 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. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me within 14 days. I would appreciate your due diligence in this matter. I look forward to your reply. Thanks again for your help M

Hi, Had a reply to my CCA request which consisted of 2 sets of T & C's only. 1 seems to be current time and the 2nd set possibly when the card was taken out. This isn't made clear on either copy, however I can see the set with the higher interst (current I assume) has £12 chages the other set £25 charges. Both sets are 9 pages long.!! Last paragraph on the covering letter sent with the T&Cs from the Halifax states.... Please note the information we have provided you with is all the information we are required to provide you with Under Section 78 of the Consumer Cedit Act. Please also note we are not required to provide copy of the orginal signed agreement under section 78 of the Consumer credit Act. So what I'm going to do is send an account in dispute letter. Can anyone point me in the right direction to a template or has anyone seen a cleverly worded reply to the response I have recieved. I know I will have to consider the CPR route, however if it ever did get to court, I want the judge to see I have been reasonable in the way I have requested a copy of my agreement. I still stuggle to understand why the banks won't sent the agreements when we first ask or say thay haven't got a copy...hmmm I know silly comment. !!

Thanks Clemma for the fast reply, I'll post the letter in the morning. Did receive a strange letter earlier in the week from the Halifax about me stopping the DD I had set up with them. Just saying thank you for your recent correspondence. As requested we have cancelled the DD facility on your account. Thing is the only correspondence they have had from me, is me requesting a CCA. Guess maybe it's just a standard template letter they send out, but doesn't fill me with confidence that they know what they are doing.!!

Hi, just an update. Sent my CCA to Halifax which was received around 10 working days ago and surprise surprise no reply, so will wait the full 12 + 2 days before snet the next letter. I did pay a token amount this month of around half the minimum, however I have recieved a card in post saying they are going to visit my home . Has anyone got or can point me in the direction of the letter template which states I do not wish to receive home visits. I have looked, but cant to find it. Thanks

Well that made me smile Talk about the shoe being on the other foot, they're actually intimidated at the thought of calling you..!! Can I employ you to answer the calls these people make to me.!! By the way have you ever have received your CA?

I would scan it and then post it up (blanking out all personal details) and let some of the experience people have a look at it.

Thanks Redvixan for the reply. I think I'll go with the SAR and having read alot on this site I did wonder if they will have my original CA. Funny enough I got this months statement through today and there is was the PPI . It's really hacking me off the more I think about it. As I said before I always refused PPIs in the past, whenever offered and would have on this card if I had been asked. Just can't remember how I applied for card, but, definitely know I didnt tick a box.!! Have roughly worked out if I was successful in claiming it back, it would just about clear balance. Oh and I know i'm in for a fight.!! Will keep everyone informed

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Bump Can anyone give some help or advise or post a link to a thread which may give me a better idea of the process. Thanks Sorry about the title, should of course read Lloyds TSB CC. Hit the post button before reading back the post properly..!!:-|

Bump UKMP3. I'm going to follow your thread if you don't mind. I'm behind where you are at, but have a feeling I'm going to get the same response from the Halifax.