Requested CCA from lewis they said ask lloyds

[joeblogs]

I have recently sent a CCA request to Lewis & Co. They have replied that they are only collecting on behalf of Lloyds and that I must request the CCA from Lloyds. They state they have returned my Postal Order, but it was not in the letter. What should I do now. They are still demanding money, but I have no proof. Any advice would be most welcome.

[berrylover]

Wrong, wrong, wrong. If they are collecting then they need to provide a CCA. Send them this. altering if you want.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Account number:

Dear numpty,

 

Thank you for your letter dated (whenever). You have a responsibility to supply me with a valid, signed, executed Consumer Credit Agreement if you are attempting to collect the alleged amount. It is not good enough to refer me back to your client.

 

I noted that you failed to return the postal order that I sent to you in my last letter dated (whenever). As it was implicitly for the use of administration costs in supplying the valid CCA I expect you to do that, or notify me if the CCA is not available. You have (however many) days left before the account falls into dispute.

 

Therefore I expect your due dilligence in this matter.

 

Yours faithfully,

 

 

 

[rory32]

Under s175 of the Act they have a duty as agent of the creditor to pass on your request to the creditor. They will be well aware of this but are obviously hoping that you are not. I would remind them of their legal obligations.

 

They are still demanding money

Have they done this in writing? If so, what have they stated?

[joeblogs]

Just to update you, their letter is dated 24 Nov and they have enclosed a similar letter dated 4 Nov which I have never received. They are saying in the 4 Nov letter 'we refer to your letter requesting a copy of your cca agreement. Please be advised, that this firm is not the creditor in this matter. The creditor is Lloyds TSB Bank and we are merely instructed to act on behalf of that company to recover the outstanding balance due. We suggest you contact Lloyds TSB Bank to request a copy of the agreement and return herewith the cheque for the fee. (I didnt send a cheque, I sent a postal order and as I have not received the original letter from them of the 4 Nov, I have also not received the PO). They continue to say 'we will hold the above account for a period of 10 days in order for you to contact Lloyds. We will then continue to take our client's instructions in respect of the debt'. Shall I send them the letter Berrylover has kindly drafted for me? Thanks for your help.

[rory32]

Yes.

 

I would just add to the end of:

 

Thank you for your letter dated (whenever). You have a responsibility to supply me with a valid, signed, executed Consumer Credit Agreement if you are attempting to collect the alleged amount. It is not good enough to refer me back to your client.

 

Please note I am fully aware of your obligations as an agent of Lloyds TSB under s175 of the Act. I would therfore suggest that you fulfill these obligations before a complaint is made to the OFT questioning your fitness to hold a consumer credit license. In the mean time please supply me with a copy of your complaints procedure. Failure to do so will also result in a complaint to the FOS.

 

I noted that you failed to return the postal order that I sent to you in my last letter dated (whenever). As it was implicitly for the use of administration costs in supplying the valid CCA I expect you to do that, or notify me if the CCA is not available. You have (however many) days left before the account falls into dispute.

And I would just change the last sentence to Please note you now have (however many) days left before the account becomes legally unenforceable.

[joeblogs]

Thanks for that advice Rory. The original request was 16 October, so is it now out of time and unenforceable?

[rory32]

Yep it's currently unenforceable. So just change the last sentence to Please note as of (date) you are in default of supplying a copy of the agreement and as a result this account is currently legally unenforceable.

[blind-as-a-bat]

Just to update you, their letter is dated 24 Nov and they have enclosed a similar letter dated 4 Nov which I have never received. They are saying in the 4 Nov letter 'we refer to your letter requesting a copy of your cca agreement. Please be advised, that this firm is not the creditor in this matter. The creditor is Lloyds TSB Bank and we are merely instructed to act on behalf of that company to recover the outstanding balance due. We suggest you contact Lloyds TSB Bank to request a copy of the agreement and return herewith the cheque for the fee. (I didnt send a cheque, I sent a postal order and as I have not received the original letter from them of the 4 Nov, I have also not received the PO). They continue to say 'we will hold the above account for a period of 10 days in order for you to contact Lloyds. We will then continue to take our client's instructions in respect of the debt'. Shall I send them the letter Berrylover has kindly drafted for me? Thanks for your help.

 

Sorry but this bit made me laugh as it took me something like 6 months to get a reply from Lloyds, its now about two months since i lodged a formal complaint about that reply and no reply yet

 

10 days to contact, and get a reply from Lloyds, fat chance:p

[creditcardmug]

Under the CUPTR regs which came into effect in May this year, whomever is demanding money from you, IS THE CREDITOR, for the purposes of s77/78/79.

 

So they can no longer use that excuse.

 

What they do with the pound is their problem, the fact is you have made a lawful request, and they have to fulfil it, the onus is on them now.

[joeblogs]

I wrote to the Lewis Group who were acting for Lloyds on 16 October 08 requesting a copy of my CCA. The Lewis Group returned the file back to Lloyds who wrote this letter to me dated 23 January 2009.

 

Dear Joe Blogs

 

Acct No etc

 

We refer to your recent correspondence the details of which have been noted.

 

The bank only holds documentation for up to six years and, unfortunately due to the age of your account, the documents you require are no longer held. We therefore regret we are unable to process your request.

 

We also require your proposals for repayment of the above account to prevent further action being taken against you.

 

We look forward to hearing from you.

 

Yours sincerely

 

I then receive a letter from 1st Credit dated 28 January 2009 acting for Lloyds informing me that their client has asked them to take the appropriate action to recover this debt. DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER.

 

Please, can someone advise me how to respond to these idiots. Many thanks.

 

I have made some payments in the last 12 months, so know the debt is not statute barred.

[lunar jim]

There you go. They say they have no CCA; they should have kept it! Looking at the dates the account is in dispute? Did you mention that the account would go into dispute after 12+2 days in your original letter, or inform them when it went the OC defaulted on your request? It should never have been passed to 1st Credit. Send them the letter below

Edited February 8, 2009 by lunar jim
edited for clarity

[lunar jim]

I think this should do it:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully

[MickKane]

I had a similar letter from Moorcroft about a catalogue I had years ago. They said that they no longer had the agreement and that made it unenforcable but would I ring them to make a payment arrangement. Never rang them and never paid them a penny, they then passed it on to someone else and I sent them a copy of the letter Moorcroft sent me and told them they would not be recieving any payment.

 

That was over a year ago and heard nothing else.

 

No CCA no payment as far as I am concerned

[MickKane]

When was your account opened with Lloyds Joe. I opened a credit card with them in 1995 and requested a CCA from them about 6 weeks ago. Heard nothing at all from them yet, but they have started to take payments from a current account I have with them that is on hold becasue of the bank charge case.

 

Going to have to try to clear the overdraft on that account and close it to stop them taking payments

[Pinky69]

They cannot pursue payment on a debt for which there is no credit agreement, nor can they take any legal action against you. Send them the Acount in Dispute letter and tell them that will be your final correspondence on the matter.

[joeblogs]

Can anyone please give me a UK Lloyds TSB Collections Centre phone number please? My account has been passed to Brighton and I keep phoning 0845 600 6280 and going through to India and no one understands what I am trying to explain to them. Any help would be much appreciated. Thanks.

[BankFodder]

what on earth do you want to phone them for? You should be very careful. You really shouldn't be telephoning any of these people without recording machine. You will regret it if you don't.

 

I don't know of a number which will actually get you to a human being in Brighton. You could try the say no to 0870 website

[rebel11]

Hi joe

 

I agree with Bank, but here are a couple of numbers you can try tomorrow

 

0870 150 4656 / 01274 743574