no need to keep ccas after 6 yrs

[scott12345]

have tread already up reagarding ltsb and bls,ccad lloyds ,then sent to bls,no cca sent,,few ping pong letters,today spoke to bls(i know shouldnt)she tells me there is no cca on this a/c,,as all get distroyed after 6 yrs:)

then goes on to sAY bls however even though admit there is no cca can stll demand payment,

[IdaInFife]

that's exactly why you should phone them, they tell you lies.

 

The debt will always exist but it is not enforceable through courts.

 

 

ida x

[scott12345]

thank ida,

ive now written to there debt recovery dept,stating it should be written off to zero as was told no valid cca was available

[lickthewallfatboy]

yep

 

no CCA,no payment

[scott12345]

hi lickthe wall,

thks 4 that,,in your opinion you think theres a chance they would wright it off if they know no chance of enforcing,

im on benifits,so they couldnt ever get more than a token anyway,,and they know that,

[lickthewallfatboy]

don't know about a write off......unlikely,IMHO but not impossible......

[B3rty]

Scott....Try This letter

 

 

 

Letter before Action

 

Dear Sir/Madam

Re: − Account/Reference

 

I refer to our recent correspondence regarding the above account where I requested a signed copy of the credit agreement (which you have not been able to produce) or (which is not executed in accordance with the Consumer Credit Act 1974) and do not recognise any liability to you or your legal right to pursue this alleged debt.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid
  

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.
  

Should I wish to pursue court action there are firms now willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs

 

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

Should I not receive a satisfactory reply then I will be considering enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

 

Yours faithfully

Your name

Name

[scott12345]

thks b3, a very helpful post.

[cymruambyth]

What is the alleged debt for? I received that response from BLS for 3 different accounts........the loan a/c had an enforcable agreement, though I'm still waiting for all the paperwork. Just be careful with them and if you pay for a SAR, read all that you receive carefully!!!

[scott12345]

hi cym,

the alleged debt is for a acucard c/c taken out around2001/2,they say (BLS)THAT THERE IS NO AGGREEMENT AND ALL GETS DELETED AFTER 6 YRS,,

but still say they have a right to collect,

ive sent ltsb a letter saying right debt off as no aggrement,,

[cymruambyth]

My loan was from 2002 and they only sent the agreement when I sent a SAR in response to their no need to keep details letter.

[scott12345]

i think cym that theyll be lucky to produce the accucard c/c cca,,mayb thats why they say all the tosh bout only have to keep 4 six yrs then no need:rolleyes:

[scott12345]

have recieved today from lloyds card opperations dept saying.

sorry i had cause to complain,arranging to carry out immediate investigation ,but with isuess raised will take a while but will respond in 28 days,

still no mention of cca from accucard,

i guess i need wait again!