Lloyds TSB CCA request

[BubbleCat]

Hi All,

 

After reading through all the excellent advice on here, I sent a CCA request and a Subject Access Request off to Lloyds.

 

Subject Access Request:- The response I got back was they were unable to locate the account by name, address, D.O.B and address.

I resent this back to them advising the details I have provided are all correct , so still waiting a response back re the Subject Access Request.

 

CCA:- Please see the attached for letter sent and the response I have had back.

 

I would really appreciate some help with this, as I do not fully understand why they have not been able to supply me with the information.

Edited January 7, 2009 by BubbleCat
replace document

[42man]

BC can you please delete your personal details...

[42man]

Thanks BC, if you are able to repost, without any ref.numbers or names addresses that would be fine !!

[BubbleCat]

>> Bump

[42man]

OK BC send this back to them

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my account numbers before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you with these before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

[BubbleCat]

Cheers 42 man - the letter is now in progress and will keep posted.

[BubbleCat]

After Lloyds maintaining they could not locate the account with the a/c number I have provided and I sent the letter in #5 as kindly suggested, I have today received a letter from Lloyds debt recovery section saying their appointed DCA have been unable to "agree a repayment programme and suggest we take legal action against you"

Thought they couldn't locate any such a/c with all the info I had provided?

 

Anyhow the letter goes on to say:-

You can prevent us taking legal action by paying the debt in full in the next 10 days.

If unable to make full payment to fill in the questionnaire they have enclosed. so they can assess my financial situation.

 

Are there any templates for responses to letters like this or could someone please make a suggestion on the response I need to send?

[DocH]

hi BubbleCat,

 

You might want to send them the account in dispute letter:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Don't sign the letter with your usual signature, and send by Special Delivery.

[BubbleCat]

Thanx DocH. when would the default date be please?

[cerberusalert]

Thanx DocH. when would the default date be please?

 

12 + 2 days after they received your CCA request.

[BubbleCat]

Update:-

 

Received response to letter DocH kindly suggested and Cerebusalert helped me get right. It's dated 06/02/09

 

It's from the Customer Service Recovery and saying sorry had cause to complain. Will respond in 28 days - The 28 days are up 09/03/09 and in my calendar.

 

Should I send a prompting letter on the 9th or send a 3rd a/c in dispute letter? as they have still failed to send CCA or resolve the complaint.

 

Today receive a letter from Credit Security Limited (or is that Cretins?)

Saying the usual drivel and threats of court action and doorstep collectors - So I am responding to them gleefully.

[Dorabell]

Subbing:)

[tortilla]

Hi all

 

Subscribing - in similar position.

 

Question please - the letter in post 8 states 77(6) I have seen it somewhere, but cant find it, that in the case of a credit card 78(6) should be used?

 

Sorry to butt in

 

Cheers

[BubbleCat]

 

Does anyone know if this one is enforceable Please?

[clemma]

It looks enforceable to me......

 

Were you paying PPI on this, as you may be able to at least claim that back.

[BubbleCat]

Hi Clemma - Like the new picture !

 

I thought it maybe - Not sure if there is PPI - suppose would need to contact them with an offer of payment and asking if PPI?

 

am open to suggestions as to what I need to do from here?

[lilly white]

ok in the main it looks ok

 

HOWEVER cash withdrawals where you charge separate or one single rate.

 

ALSO where are the default charges.

 

Also check on the PPI.

[BubbleCat]

No cash withdrawals were made as far as can remember

 

There have been missed payment & default charges accumulating

 

I have done a SAR request in the past, but they kept saying they could not trace and account?

 

Suppose I will need to go down the SAR route again. This would disclose any cash withdrawals and addtional charges, BUT would it tell me about the PPI?

[lilly white]

if you can get you hands on the statements it will show the ppi.

 

 

 

may i asked how old is the account

[BubbleCat]

Good question about the date - there are no dates on the info they have sent at all - think it's about 5 years old