Lloyds tsb cca request - my journey

[MAN-IN-FINANCIAL-JUNGLE]

hiya all

 

got an interesting letter from them today, that in view of current difficulties, me the world and its dog

 

made some changes to my cca agreement,

 

but i still have not had my cca, so going to now send the dispute letter and see what then happens.

 

has anyone else had similar??

 

ciao for now MAZ

------------------------------

Hi.

I am a new member and having similar problems with this unscrupulous bank. Have they said what changes have they made in your CCA ?

Secondly are they authorise to make any changes under the cca ?

I shall appreciate if you would elaborate in this matter.

Regards

Jungleman

[lexis200]

Hey angel:)

 

Just wondering if you had any other nastiness from them, other than telling you if you didn't pay they'd remove your payment plan 'privilege'?

 

I need to try and sort banks out sooner rather than later, but I've really been chickening out with Lloyds as my balance with them is massive. To date they've been pretty good with me (well, with the plan at least), but I need to clear this and do not/will not have the money to cover anything like all of it.

 

My aim is to offer them a f+f sometime next year, but I'm worried that if I go down the CCA route they'll start getting ancy and remove my payment plan as they've threatened to with you. I can't possibly afford the minimums (they were the bank that started the ball rolling on our financial mess, as they increased my interest to levels that were higher than my minimums! I always paid my minimums, and later found out this would have been why - they were trying to bleed me dry before dumping me:(), so I really need the plan to continue until I am in a position to make them an offer.

 

Have they threatened you with removal before your 2 months of non-payment, or was it just the usual threats and bull that we've grown to know and loathe?

 

Lexis:)

[underdog13]

Hi Lexis,

 

don't know if this helps, but I've been wrestling with Lloyds for a few months now.

 

I missed 3 or 4 payments and they defaulted me, terminated the account and set their solicitors on me. Thing is, they terminated while they were in default of my CCA request. They've had 3 months to respond, but have still failed to supply any agreement. Now could this have anything to do with the fact that the agreement I signed was for a mastercard and they swapped it to a visa; with no new agreements being signed?

Edited December 30, 2008 by underdog13

[Enron]

If there is the text then they are able to vary the agreement under s82 CCA from memory.

 

However this does not affect the original agreement, in that if you request it under s78(1) CCA they have to supply a copy of the original executed agreement - under regulations they can omit name, address, signature and signature box.

[underdog13]

They can vary the agreement, even for completely different cards, Enron? There are certain differences between visa and mastercard, after all.

[Enron]

Changing the cards from Visa to Mastercard would probably be considerred a variation, as long as a right to variation was in the original agreement they could argue that there was scope for it present in the original executed agreement.

 

That said you are entitled to a copy of the original executed agreement which you signed under s78 CCA, any problems in obtaining that get your local trading standards involved.

[underdog13]

Oh damn, I was hoping that would be my get out clause:( Not received my agreement yet, but I believe LLoyds are one of the biggest forgers going - so I'm stuffed, basically. Doesn't look like it's going to be a happy new year for me, then.

[lexis200]

If they haven't sent anything at all yet underdog it doesn't sound great for them either. 3/4 months should be enough to get their paperwork into a semblance of order shouldn't it?

 

I don't suppose you're in a position to offer them a small f+f on the back of no CCA are you? I know it's not the ideal, but my view now is I'd rather get rid of the debt and the stress for a small price, rather than drag it out in the hope of paying nothing.

 

Having said that I don't have a pot to p**s in at the moment so I can't do what I'm saying, but hopefully in the next few months...

 

Also - wouldn't defaulting whilst not having complied with a CCA request be a little bit like enforcement action? I mean, even Cabot (who I think rank in the top 3 of crappy DCA's on here) wrote to me and said that as they hadn't supplied any agreement as yet they'd hold any and all action on my account, as they were required to do - their words not mine!

[underdog13]

Thanks, Lexis. Hope the delay is a good sign, but they did say that they are experiencing a big back log at the moment.

 

I'm not in a position to offer a full and final settlement either; lets hope next year brings an improvement in both our circumstances:)

 

I thought their defaulting and terminating while they were in default of CCA request was a good defence - x20 made some very good arguments for this, but others say only court action is enforcement:confused: Very good to know that even the awful cabot deem it to be enforcement.

 

Thanks Lexis, you've given me some hope again:D

 

Wishing everyone a happy, healthy, prosperous and victorious New Year!

[atwozee]

Changing the cards from Visa to Mastercard would probably be considerred a variation, as long as a right to variation was in the original agreement they could argue that there was scope for it present in the original executed agreement.

 

They might think they can do this but the CCA 1974 doesn’t allow it. The CCA 1974 prevents a creditor from opening and closing credit accounts at will and without proper consideration for the act.

 

To have a clause in an agreement to vary the terms of that agreement is one thing – to transfer a balance from one account to another without a signed agreement is quite another.

[underdog13]

:D:D Atwozee, I think I love you, lol. Was beginning to despair as all my defence arguments seemed to be unravelling one by one. Will have a much happier evening due to you and Lexis.

 

Boy do I need some R&R - only got 30 mins sleep last night, due to Naziwest closing my bank account with no warning or notification, no access to my money and mortgage due in days:eek: Only found out what they'd done when I tried to pay some money in online. Think that's sorted now though, thank God! They said they had done this as they wanted to get my attention!!!! Seriously, that's a direct quote. What do they do instead of saying excuse me? Poke someone in the eye with a sharp stick?

 

Parachute account set up and DDs will be transferred in new year - and Naziwest can foxtrot oscar:p

[citizenB]

:D:D Atwozee, I think I love you, lol. Was beginning to despair as all my defence arguments seemed to be unravelling one by one. Will have a much happier evening due to you and Lexis.

 

Boy do I need some R&R - only got 30 mins sleep last night, due to Naziwest closing my bank account with no warning or notification, no access to my money and mortgage due in days:eek: Only found out what they'd done when I tried to pay some money in online. Think that's sorted now though, thank God! They said they had done this as they wanted to get my attention!!!! Seriously, that's a direct quote. What do they do instead of saying excuse me? Poke someone in the eye with a sharp stick?

 

Parachute account set up and DDs will be transferred in new year - and Naziwest can foxtrot oscar:p

 

I would think you could have reason to complain to the FOS or FSA regarding that little tactic of theirs Underdog !. I believe they have to give you notice of closure.

[underdog13]

Thanks, CitB - I'm waiting to see what their next move is, then complaints will be fired off in all directions;)

[angel_1]

hello everyone and a happy and lucky 2009 to us all

 

Im Back, sorry for my long delay got broadband cut off, another long story but now im back, oops deleted the wrong ddi online and it really gave me a fright no internet for over a week, i cant live without my cag site.lol

 

anyway i can see movements have been afoot on some of my threads, and ive leant a lot from your banter on here thanks to all

 

well to answer you all still no cca only letters advising me that yes my special privelege of paying them the amount will be withdrawn if i dont pay, but im not paying they have the backlog not me, and the account should be put on hold and no interest and charges be applied until they find my cca, so i think a nice letter needs to be posted to them tomorrow

 

any short sharp and direct ones available to poke them in the ribs to state the most obvious, the account is in dispute and you are to hold all action until you find and provide me with the copy of the original clear copy or next step will send to information commissioner for their intervention.

 

I might now also send a sars request will that be now a good idea??

 

your comments much appreciated

 

laters angel x8)

[underdog13]

Link to thread as requested; Underdog v LLoyds

Edited January 4, 2009 by underdog13

[underdog13]

Oh bum, link doesn't work - bear with me

[underdog13]

Underdog v LLoyds

[underdog13]

Still doesn't work - b*gger, b*gger, b*gger

 

I've tried the permalink thingie and copying and pasting the address, which I was told would work - help! Anyone know how to do this?

[angel_1]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/175685-underdog-lloyds.html

 

the above is i believe your lloyds link was this the one you were trying to do for my thread underdog??

 

 

will go and have a gander now

 

laters angel x

[citizenB]

Yep, that's the one angel:D

[underdog13]

Thanks Angel - how did you do that? The link I mean.

[citizenB]

Thanks Angel - how did you do that? The link I mean.

 

 

Underdog, when you go to a particular thread you will see right at the very top of the screen the http:// address. You right click on that then highlight copy ion the drop down menu. Then go to wherever you want to post the link, click and paste.

 

If you want to link to a specific post, just click on the Number of that post, then again, right click on the http:// address at the top of the screen, highlight copy, go to wherever you want to pop the link, click and paste.

[underdog13]

Thanks CitB:) I'm not very technically minded - you'd never guess, would you?

[angel_1]

:cool:ta muchly CB - you beat me to it, but your explanation spot on - laters angel x

[underdog13]

Explanation is indeed spot on. CLANG (sound of penny dropping);)

 

Bless you both for your forebearance with a technical div:D