Lloyds TSB Can't Find my loan agreement

[missy33uk]

Hi all, hope you can help?

 

I was contacted in August by a company claiming to specialise in reclaming, and challenging illegal loans and agreements. I was informed that for a small fee (£295), that would be refunded if their was no claim.

The agent asked me if I had a copy of my loan agreement, I thought I did so I said I would look it out and he agreed to get back to me.

 

The agent didn't get back to me, but I couldn't find my agreement so I contacted lloyds at the start of Sepetember, they said I should have a copy of it by 10 days.

 

Things happen in life and I realise at the end of October I hadn't received it. I contacted the bank and they said the reason I hadn't been sent the agreement is because they were having difficulty finding it.

 

The advisor called me back that later that day,

 

to advise me that she had escalated my request to a complaint, this was because no one had any idea how to locate my agreement.

My loan had been taken out with Privliege, still the bank but it was no longer in existence. The agreement was never scaned into their system and basically the hard copy was lost!

 

I received my letter from lloyds th say they expected my complaint to be sorted out in 20 days. 20 days came and went, I contacted them....again through my branch, I received another letter to inform me they hadn't reached a conclusion but would do in 10 days.

 

I received my answer last week, They informed me that they were upholding my complaint, and they had no copy of my agreement.

 

I have until the 12th of February to contact them regading the issue.

 

I wanted my documents for a few reasons I felt when I took the loan out that it would be very difficult to manage, I didn't want the amount I was offered, but it was made to sound not such a great deal.

That was 3 and a half years ago when my income was 12000, I was given a loan for 25000.

I also had to remortgage my house because I was finding the loan so hard to pay, so I had also wanted to challenge them about that.

There was also to check it had been signed, Apr was correct, etc

 

Im not sure what routr to go down and would really appreciate any help and advice.

 

Thankyou

[reallymadwoman]

No agreement means they can't enforce through the courts and you no longer have any obligation to repay a penny.

[dpick]

Hi as RMW say without an agreement they cannot enforce the debt through the courts though there is nothing to stop them trying to get you to pay the debt. What I have done with two creditors that have treated me with respect is I have repaid the total amount loaned without interest. The three creditors that treated me like something under my shoe I have told to take a hike.

 

dpick

[missy33uk]

Thanks for answering.

They haven't been that nice to me, and a lot of their cock ups have made me worse off in the past....very difficult to prove

I just feel so angry with them, I have called them 3 times this week and left a message for them to all me back, and they haven't once....

 

Whats the best thing to do?

Should I contact the Financial ombusmann?

[empowered]

Lloyds couldn't find OH "application form" as they called it nearly a year ago and wrote to tell us this - didn't stop them passing debt around various DCAs and this week we have received a court claim from them:mad:

Obviously desperate to try and frighten us into paying - bring it on:D

[dpick]

Lloyds couldn't find OH "application form" as they called it nearly a year ago and wrote to tell us this - didn't stop them passing debt around various DCAs and this week we have received a court claim from them:mad:

Obviously desperate to try and frighten us into paying - bring it on:D

 

I thinks somebody aint reading their own files trying to take you to court. Your first defence item their letter admitting no agreement.

 

As you say "BRING IT ON"

 

dpick

[missy33uk]

I have tried to contact them 4 times in the last week, finally got really annoyed and faxed them yesterday...amazingly they did call me!!

 

The advisor was worse than useless.

 

Can I just stop paying this, or should I put it in the hands of a lawyer?

[missy33uk]

I have decided to send them a letter advising them I'm not going to pay anymore installments

 

What do you think of this?

 

To whom it may concern,

I am writing this letter to inform you that I intend to make no more payments on my loan.

I have been asking Lloyds Tsb to produce a copy of my loan documents since September 2008. I have called on numerous occasions to try and resolve the situation. I have received no satisfaction from yourself on this matter. I have received a letter to say that Lloyds Tsb have in fact lost these documents. This is in breach of the banking law.

If Lloyds Tsb can find my loan agreement I will be more than happy to continue paying the loan, once I have received a copy.

I have consulted a lawyer who is more than willing to take on the case if necessary. Unless Lloyds Tsb can find this agreement I am under no obligation to pay a thing.

May I remind you that due to the fact that you have lost my loan agreement you have no right to put a default notice on my account or to record this information on my credit file, as I am not in breach of the banking rules. You also have no right to try and get the money through other sources. You also have no right to put any charge on my account. Again should you attempt to I will contact my lawyer and let them act on my behalf.

I would have been more than willing to continue to pay this loan, had Lloyds Tsb acted quicker and been more help to myself.

I have also been in contact with the FSA.

Regards