Letter from Lloyds

[sugarcake]

I requested my credit card cca from Lloyds on the 2nd Feb, on the 23rd I sent the 'in dispute' letter. I received a letter dated 19 March saying that they have been unable to resolve my complaint so far. Today I received a letter stating they had sent me the documentation dated 19th Feb and that they have complied with section 78. I have not received these docs, and neither was my cca enclosed with my sar response.

 

I find it very strange that I have received dozens of letters from Lloyds but this one seems to have 'gone astray'. Any ideas on where I should go from here?

[cerberusalert]

Just re-send the 'in dispute' letter again recorded delivery then they can't deny receiving it

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

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**.(12+2 days after you sent the CCA request)

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, 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 21 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

 

Yours faithfully,

[sugarcake]

Thanks for your reply, I'm just wondering, if they had sent the cca on the 19th, would they still be obliged to include it with the sar?

[deathbycrayons]

Yes they would, subject access includes everything they have on you.

[Fred Bassett]

Yes they would, subject access includes everything they have on you.

 

So it should, but I've noticed a tendency for a number of banks just to send you a list of charges. It could be that they are being stupid which is a very real possibility, but it's every bit as likely that they are just using this as a stalling tactic. You may have to push hard on this.

 

Regards.

 

Fred