Lloyds TSB Loan Agreement

[Scouserlad]

Can sombody please tell me if this credit agreement complys sorry but i'm 100% lost :s

[Pinky69]

Did you apply for this online?

[Scouserlad]

No i was in a branch

[Scouserlad]

Cany anobody give me a update on this please

[Pinky69]

The reason for my question is that your signature is missing and with an online agreement that would simply have been a tick in a box. They have not complied with your CCA request because what they have sent does not even have a signature box never mind a signature. You can now put the 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

[Scouserlad]

Hi

 

I have today sent a CCA request to lloyds tsb as the agreement i posted was what they gave me that day in the branch. lets wait and see what they come up with from my letter

[andie_303]

I have the same kind of lloyds paperwork - that it what I got when I initially took out the loan - I believe signed copies are retained in archives and should be produced for CCA requests if you CCA'd and they sent you that then it it not valid for puposes of your CCA as no signature is present - you need the signed copy for them to have fulfilled their legal obligation.

[andie_303]

did you want the loan protection by the way - Lloyds are seemingly doing a give back scheme at the minute to anyone that complains - everyone I know who has done it so far has had it cancelled and refunded with interest - I know cos they just repayed mine

[Scouserlad]

Hi

 

Dose that matter if i have claimed on the insurence ?

 

Regards

john

[Scouserlad]

Hi

 

I got this off Lloyds tsb can sombody please take a look urgently

 

Thanks

John