Lloyds TSB. No CCA, Now Threatening default

[Under Siege]

Lloyds TSB received my CCA request on the 18th of last month (signed for recorded delivery)

 

They continue to call me every night and now they are threatening to issue a default notice.

 

Does anybody know any good template letters?

 

Regards

[pt2537]

yep......

 

 

what sort of letter are you looking for?

[Under Siege]

One to tell them to send me the CCA and lay off the threats

[The GodMother]

they have the letter i would just wait the 12 working days.

 

When they phone i would just play bat outta hell down the phone loudly as my hold music and when they get bored they will hang up.

[pt2537]

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for

The Consumer Credit Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. Without production of the said agreement I am unable to asses if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx/xx.2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

I note your threats to issue a default notice.Any such default notice that you issue under s87 (1) will be considered invalid per the Authority of Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255 and should you unilaterally terminate this agreement I will consider it an unlawful rescission of the contract

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

In addition to the above, your persistent attempts to contact me via telephone are harassment and are unwelcome. I respectfully request that from here on you only contact me in writing. Failure to abide by my request will place you in clear breach of the OFT guideline on debt collection and also s40 of the Administration of Justice Act 1970 which is a criminal offence

Notwithstanding the above, you are also a member of the Banking Code and are in breach of your obligations under the said code. Therefore I am considering making a formal complaint to the Banking Code Standards Board in addition to the regulatory authorities

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested as is my rights under the Consumer Credit Act 1974. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

 

 

try that, should wipe the smile off their faces

 

send recorded delivery at the minimum and sit back and wait for their reply

 

 

regards

paul

[Under Siege]

Paul,

 

That is brilliant mate, thanks very much

After looking at the letter they have sent this morning it IS actually a default notice!!

[pt2537]

Can you post a copy of it removing the personal details first

 

a default notice MUST comply to Regulations, if it doesnt its not lawful and can be considered as unlawful rescission of contract as far as i know

[Under Siege]

cant upload at mo, dont know why, Ill try again in a bit

[Under Siege]

INTERESTING UPDATE

 

I sent Pauls letter from above which was signed for on 19/11/2007

 

However the cheque I sent with the original CCA Request has been returned to my bank with the following note attached -

 

"We are unable to process this cheque due to lack of information. Please forward this cheque to your customer to advise us of their correct account number debt reference. Many Thanks" (See attached)

 

Then on the original cheque the words "No card number" have been written.

 

Is this a new delaying tactic?

Lloyds_TSB.pdf

[pt2537]

Hmm not seen that one before,

 

so they have received the letter with the cheque attached and they have returned the cheque

 

i would be inclined to send it back, putting on the reverse "cheque for payment of Statutory request for information under s78 Consumer Credit Act 1974" and include the reference of the account in question

 

i would put a brief covering letter in with it just to say ive sent you the request, youve failed to comply and instead returned hte cheque, you have yet to discharge your obligations under the CCA 1974, please forward the requested information or i will make a complaint to trading standards

 

thats how i would be inclined to go

 

regards

paul

[Under Siege]

Thanks for the quick reply Paul, I will do that this afternoon.

[pt2537]

No problem,

 

if you need any more help let us know

 

Regards

paul