Not able to provide loan agreement as never forwarded on from branch

[crk81]

Hi,

 

I've done a CCA Request to Lloyds TSB for a loan as it was taken out back in 2002 and I cannot remember requesting the payment protection. They have replied back stating:

 

I am sorry but we are unable to provide you with copies of your loan agreement documents as they were never forwarded to us from the branch the loan was taken out at; however we can provide you with the information that you require:-

 

Am I correct in assuming that this loan is not enforceable and can someone recommend my next steps I should take.

 

 

 

Many Thanks

 

 

C.K

[maroondevo52]

Hi, crk81.

 

Edit and send recorded....

 

 

ACCOUNT IN DISPUTE

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx/xx.2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harrass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

Also please note I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR 2008 and also in breach of the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

I look forward to your reply.

 

Yours faithfully

 

 

Regards.

 

Scott.

[crk81]

Cheers, Will edit and get sent off tomorrow will keep ya updated. thanks for your help

[cazzabpassion]

I took a loan out with nationwide in March 2007 and recently asked them for a copy of my loan agreement. I received a letter stating "unfortunately at this moment in time we are unable to retrieve a copy of your loan agreement" they say however that they can confirm the details of my personal loan and the letter states the date the funds were released to me, the loan amount, interest etc.

What does this mean to me? How do I pursue this?

 

Any information on this would be much appreciated.

 

Thank you

[crk81]

Thats more or less the same as what i got from Lloyds TSB. Send the above letter recorded delivery.

[crk81]

Still not herd anything yet, on another note though i helped out a family member paying £32,000 loan to Natwest, they unable to provide agreement and have now stated that they can not chase them for the debt but will contiune to register details with CRA & if they want to make a payment they can.

[ccjjl82]

Still not herd anything yet, on another note though i helped out a family member paying £32,000 loan to Natwest, they unable to provide agreement and have now stated that they can not chase them for the debt but will contiune to register details with CRA & if they want to make a payment they can.

 

If the account is in dispute (which it is-no agreement) under section 10 of the CCA 1974 they have to cease processing data relating to the account. That includes giving info to CRAs. Not sure who to report them for this...will try and find out.

Have they sent an account in dispute letter?

[crk81]

nope no mention of any dispute at all.

[reg009]

Hello Everyone

Mine Is One Step Further They Sent To Me A Reconstructed Agreement The Financial Services Ask The Bank For My Details As They Bourght The Deb And In Result Of This They Have Sent To Me This Copy Of The Loan Agreement With My Name At The Top But No Signature And They Stated If I Do Not Make The Payment They Are Proceding With County Court Judgement Dont Know What To Do And What To Send Them In Reply

[mashmallow]

Sorry if I have butted in but just could not resist telling my story. I have had nothing but letters from Reliable collections who act on behalf of Ambrose Wilson on top of it non stop calls and recorded messages. I asked for a credit agreement and what they sent me was a glossy two part so called agreement with my details but not signed by me. I wrote back to them saying that the account was in dispute as told to do by someone very nice on this forum and got another letter today saying, my payment arrangement has been cancelled and they are now passing the debt on and charged in £12.00 per letter for the letter.

 

I will ply sitting duck right now as my job is now at risk and when I am jobless let them all come and get me. I was paying them what I could afford they would not have it and just kept sticking £24.00 charges per 2 letters. I am sick to the teeth of these robbers.

 

Regards,

 

Mashmallow

[kiptower]

its simple they can WAIT forever for your proposals, regardless of they they may claim you paid

 

its un-enforcible, end of story , its up to you if you want to pay , they have little or no chance of enforing it and they know it

 

typical play on words , hoping you dont know your legal rights

 

and if original date it started confirms you were under 18 , game over