Lloyds Tsb Mastercard Cca Received Cannot Read It Help Please

[lexis200]

Hi all

 

An update.

 

Further to my LBA to Lloyds regrding the incomplete SAR, I have received response from them stating that they have had the £10 fee but they now need my signaure to provide notes or documents realting to instances of manual intervention.

 

Now I know that they do not require this by law and they certainly won't be getting my signature, but I cannot find the letter teling them this.

Can anyone point me in the right direction please?

 

Also how do I commence an application to the County Court to enforce compliance?

 

Thanks

 

S.B.

 

Hi

 

It's the CCA request that doesn't need a sig - they are within their rights to ask for it for an SAR. However, as NP has pointed out, they conveniently forget that they have accepted you are who you say you are for x amount of time, so they put themselves in a catch 22. I tend to tell them if they still want a sig they can have it, as soon as I'm in receipt of their letter explaining why they have been sending personal financial information to someone who they are not confident is me.

 

Have to say though, they may well (as they did with me) just tell you they'll have to send it to a local branch where you can pick it up as long as you show some ID there:rolleyes:

[SHELBELLE]

Hi Lexis

 

Thanks for your input and for letting me know that they can ask for a sig.

 

I am confident that they don't have a proper CCA and that what they have sent me is an illegible application form. I just smell a rat and think they may use the sig for this purpose.

 

I am going to write to them along the lines of what N.P. has suggested and see what happens.

 

They have already been reported to OFT & TS.

 

I am more than happy to pick up from local branch.

 

Thanks again.

 

S.B.

[SHELBELLE]

Hi all

 

Well as predicted I have received a letter asking me to pick up from a branch of my choice, with some ID.

 

Does anyone know if they will photocopy my ID, as I wouldn't be happy with this if they did?

 

Thanks

 

SB.

[lexis200]

No idea, but they do suggest passport which isn't a signed document, so maybe go with that?

 

I'm taking mine and just hoping they don't want it copied. What I'm more concerned about is if they want a sig. in branch. Not sure whether I'll refuse or make one up on the spot if they do...

[SHELBELLE]

Hi Lexis

 

 

Yes passport or driving licence, but both have a signature!!

 

What a good idea, I think if required, I will sign Minnie Mouse and hope they wont notice.

 

Sending a letter back today, stating my choic of branch, I'll let you know how I get on.

 

S.B.

[lexis200]

Ahh, not having looked at a passport for nearly 10 years I'd forgotten that:rolleyes:.

 

I think in that case I'd be telling them they could copy my photo (with me standing over them to check that's all that was copied) as proof. I'd say my piccie would be better as a security check than a sig!

[SHELBELLE]

Lexis

 

I may just take a council tax bill or something, and see if I get away it, but have the passport on hold just in case.

 

Yes they won't be taking any I.D. of mine out of my sight either!!!!

 

Anyway, what do they do with people with no passport or driving licence? They would have to accept an alternative wouldn't they?

 

I wonder if they willl refund my petrol money on to the alleged debt???

 

S.B.

[lexis200]

Worth an ask just to see them fluster when they try to say no politely:D

[SHELBELLE]

If you don't ask you don't get!!!!

[SHELBELLE]

Well it has been quiet of late, apart from the letter confirming my documents are at the branch for collection.

 

Then on Saturday I received a letter from MHA Collections offering me a discount on the debt for F&F, so Lloyds have sold on a disputed debt...tut tut.

 

Quetion is do I bother with the bemused letter or just ignore them?

 

Thanks

 

S.B.

[N.P]

Well it has been quiet of late, apart from the letter confirming my documents are at the branch for collection.

 

Then on Saturday I received a letter from MHA Collections offering me a discount on the debt for F&F, so Lloyds have sold on a disputed debt...tut tut.

 

Quetion is do I bother with the bemused letter or just ignore them?

 

Thanks

 

S.B.

 

 

 

You`ll find MHA are one of Lloyds in-house bunch of gonks.

 

They sit at the desk in from of the cleaners cupboard, between some empty head and a another bell end

 

BLS are another one of their (named) desks. That`s the one next to the coffee machine.

 

When they fail they`ll send it to a proper DCA, sort of.

 

 

 

N.P

[lexis200]

They've also got their own sols haven't they? I had something from them a couple of years ago but I can't think of the name at the mo. I was terrified at the time, but looking at the letter now it's laughable (not least because it's terminating the account a full week before the remedy date on the DN I was sent:D)

[lexis200]

Sechari Clarke and Mitchell - is that it? It's just popped into my head but could be related to something else.

 

Actually no I'm sure that's it as the initials read [problem] which I found odd at the time:)

[SkemDosser]

Sechari Clarke and Mitchell - is that it? It's just popped into my head but could be related to something else.

 

Actually no I'm sure that's it as the initials read [problem] which I found odd at the time:)

That's right or **** as they are also affectionately known. They're a bunch of shysters who should be struck off [if they haven't already] for some of their practises and I say 'they', but as with all things 'inhouse' at LTSB, I suspect its one bloke operating from the end of the bar in a Brighton city centre pub lol

[SHELBELLE]

Ok so probably not worth sending the bemused letter then if they are much of the same company???

 

 

THEY HAVE ALSO ADDED OVER £100 TO THE DEBT IN JUST 1 WEEK!!!!

S.B.

Edited July 23, 2009 by SHELBELLE
MISSING TEXT

[N.P]

They shouldn`t be adding anything to a disputed account.

 

That`s how much these empty heads know. Everything is automated and no one knows hows to turn things off.

 

I sent them a letter, which ended in `If you don`t know what this mean, then seek advice from your Legal Department`. Then wrote back stating as the issues I have raised were complicated, they have sent the account to their specialist Legal team, who deal with these matters.

 

I then received some crap from SC&M, which I quickly dispatched.

 

You could see what these gimps send next, it`s up to you.

 

 

 

N.P

[SHELBELLE]

N.P.

 

Ok thanks, yes I will see what they send next, then dedcide on what to respond with.

 

Cheers

 

S.B.

[latipac girl]

Hi

I have received a letter from Lloyds TSB with a copy of my original agreement which has been updated with the current financial profile of my account. Not the original signed one which they say there is no requirement to send me an original one. They have scared me by asking me to see the extract from a website Claims management businesses warned about misleading marketing claims - Ministry of Justice Am i write that it is still correct that they should provide a signed agreement because they say they would never have opened a credit card accouint without having sight of a signed agreement.

 

I am not sure what to do now.

 

Regards Latipac girl

[SHELBELLE]

latipac girl

 

Sorry I can't help you with this but if you start your own thread you will get all the help and advice that you need.

 

Good luck.

 

S.B.

[N.P]

Hi

I have received a letter from Lloyds TSB with a copy of my original agreement which has been updated with the current financial profile of my account. Not the original signed one which they say there is no requirement to send me an original one. They have scared me by asking me to see the extract from a website Claims management businesses warned about misleading marketing claims - Ministry of Justice Am i write that it is still correct that they should provide a signed agreement because they say they would never have opened a credit card accouint without having sight of a signed agreement.

 

I am not sure what to do now.

 

Regards Latipac girl

 

 

As S.B states, please start your own thread on this, and by all means come back here and paste a link to it, and we`ll see what happens from there.

 

Ultimately, they can`t adjust your agreement without you agreeing and signing it, which of course you would never do, because you could possibly replace a dodgy old unenforceable agreement with a brand spanky enforceable one.

 

You need a copy of your original agreement, and you need to check it out.

 

Don`t beleive everything they tell you, the information on that website probably has nothing to do with you at all.

 

Start a thread and let us know.

 

 

 

N.P

[SHELBELLE]

Well it looks like I am back directly with Lloyds again!!

 

Received some bits and pieces from them : ~

 

They state that they include a copy of my "executed agreement", a copy of my current T & C's and a signed statement of my account!!

 

Well there isn't any executed agreement, there are 2 sets of T & C's which are just a duplication of each other and the copy statement isn't signed!!!

 

They then go on to say that by provIdIng me with these documents attached to this letter they have satisified their obligation to provide a copy of the executed agreement under section 78. There is no requirement under CCA to provide me with a copy of the "original signed agreement". They are endeavouring to locate the copy of my signed agreement but please be assured they would not have opened a cc account without having sight of a signed agreement. Having satisfied their obligation under section 78, the agreement I have with them is FULLY ENFORCEABLE and they will continue to treat it as such. They will not be entering into any further correspondence with me:( regarding the provision of copy agreements.

 

They then rattle on about if I am using a claims management company and remind me of the recent warnings issued against the Ministry of Justice and CAB!!!

 

They then attach an appendix titled "Your rights under section 78 of the CCA 1974" which states about compliance with section 78.

 

Now I think they are clutching at straws & trying to confuse me. I know I do not have to be sent the "original" agreement but I am entitled to a true copy and believe I am right in saying that they would have to provide the "original" if this matter was ever taken to court. ???????

 

Just want clarification that I am barking up the right tree.

 

They are bascically admitting that at this moment in time they are not in posession of the agreement as they are trying to locate it...so all these months down the line they are changing their views on their "illegible application 1 page form".

 

I wont get the champers out just yet, but believe this is looking good in my favour.

 

Any comments greatfully received.

 

Thanks

 

S.B.

[N.P]

Sounds like standard bowlarks to me SB.

 

I`ve been there with these gimps, and I still am.

 

It doesn`t matter what they say, they`ll still need it to hassle you much more.

 

Do you have a CCA non-compliance letter or similar.

[SkemDosser]

Shelbelle:

Now I think they are clutching at straws & trying to confuse me. I know I do not have to be sent the "original" agreement but I am entitled to a true copy and believe I am right in saying that they would have to provide the "original" if this matter was ever taken to court. ??????

 

SD: Technically the original 'should' be produced in court and although in some cases banks have tried to wriggle out of this and had judges who have let them, however if it ever gets to court proceedings, by using the right CPR you can prevent this by stopping them in their tracks by requiring them to provide originals as evidence.

 

I very very much doubt though in your case it will now go any where near a court. If it was going to it would have already, LTSB wouldn't be messing around. they know they don't have the necessary original paperwork and as importantly, they now know that you are aware of your rights as well so you are one of their cases they will just give up on as a no hoper and decide it's not worth spending any more money on.

 

That doesn't mean they won't stop hassling you though for some time but I would just grin and bear it safe in the knowledge that irritating letters on three seven day cycles are all that's going to occasionally happen. I've just gone through my fourth DCA with this lot- like the rest they eventually dissapeared I'm in a 'quiet' period at the moment, but I know it won't last lol but hey so what, it's just bits of paper through to door to me now [apart from when they get your phone number but that can soon be kicked into touch when you tire of the sport].

Edited August 8, 2009 by SkemDosser

[N.P]

I`m with you on that, SD.

 

I also beleive the original MUST be shown in court.

 

My simple logic behind that is this - You would probably have more than one account anyway with the bank, and they would have your signature on quite a number of documents I would think.

 

So, they could quite easily copy your signature onto a document, photocopy it and call it a copy of the original.

 

I would say, having a copy of the document also means the signaute is a copy, and a copy can be had from anywhere nowadays.

 

And judge who falls for that trick should be labeled a clown, then shot in the head with a blunderpuss at close quarters for being so numb.

[SHELBELLE]

Hi all and thanks for your input.

 

N.P. you ask if I have a non compliance letter, do you mean a template to send to them?

 

Thanks S.B.