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LloydsTSB CCA request - They deny it


cw412
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I sent a request for my CCA using the standard one from this great site from LLoydsTSB for a credit card they bought from Easymoney

 

I receive a letter today that states:

 

I enclose a copy of the current terms and conditions which applied to the above account. In compliance with section 78 and the Consumer Credit(Cancellation and Copies of Documents) Regulations 1983 this is a copy of the agreement we have made for the above account and it includes any variations of the terms of the agreement since we made it.

 

We are not legally obliged to send you a copy of your original application as part of the section 78 process.

 

I have enclosed a signed statement for the above account.

 

Well....

 

I never asked for a signed statement, but he did anyway. I never asked for a copy of my application, I asked for a copy of the agreement. The terms and conditions are printed on 8 sheets of letter headed paper. There is no mention of me, my account, etc. no signature from me or them. I have therefore sent them an account is dispute. Is this right?

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Is this all they sent you ? no signed agreement with your details on it, executed agreements, signature documents ?.....unenforceable in my opinion !!! they obviously haven't got your 'Easymoney' application/agreement......!!!

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This is all they sent and state in the letter that they do not have to provide any signed agreement. Well I believe they do..ha ha on them.

 

So I have sent the account in dispute letter off this great site and today will send it to 1st credit who have bought this debt.

 

No signed paperwork, no default notice, nothing else, just the above all stapled together.

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Send this by recorded...reproduced courtesy of Palomino...

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is 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, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

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