lloyds tsb

[peter1234]

Sent off cca request early April time is up and some

 

Want to send a reminder letter

 

The account was opened 20 years ago

[GamekeeperToPoacher]

Why bother?

 

If they had it they would have sent it in my opinion.

 

GK

[peter1234]

I would like to send a reminder letter giving say 14 days to reply If i dont get a reply than i would like to make a full and final offer. so i want enough evidence to show that they had plenty of time to produce this.

[peter1234]

hi

 

requested cca from lloyds

 

after 20 days sent reminder lletter, received back a letter ' sorry re your complaint we aim to deal with this in 28 days blah blah. you can complain to FOS blah blah

 

If i complain do they get fined or just told to get on with it

[GamekeeperToPoacher]

I understand that they get charges a fee for it.

 

Have you read this

 

It might be a route

 

GK

[42man]

Andbrat....if they haven't supplied your agreement then this might be the next option - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this result hopefully - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[peter1234]

received a response stating that

 

As your agreement was made before 19th May 1985 we have no obligation to supply you with a copy of your executed agreement

 

Could anyone tell me if this is true

[2Grumpy]

Consumer Credit Act was 1974 so no it is not true.

[peter1234]

but should i request a copy under another section

[maroondevo52]

Hi, andbrat.

 

What sort of account was it ?

 

Regards.

 

Scott.

[peter1234]

Just a credit card taken out with a bank account about 1984

[2Grumpy]

Wonder why they are mentioning 1985?

 

The 1974 act doesn't put any time limits on their obligations.

 

Smells something awful

[peter1234]

letter states

i write in response to your request of your CCA under section 78 of CCa1974

 

As your agreement was made before 19th May 1985 we have no obligation to suppy you with a copy of your execucted agreement. Despite this i enclose

 

A copy of your current terms and conditions and

a signed statement of your account.

 

Despite the fact that we have no obligation to provide you with a copy of the original signed agreement, we are endeaevouring to locate a copy, but pleased be assured that we would not have opened a credit card account without having sight of a signed agreement. ( yeh right!)

 

to summerise, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondance with you regarding the provision of a agreements.

 

if you are using a claims management company we would like to remind you of recent warnings issued by the Ministry of Justice.

 

 

it does go on about what is required of them due to s78

 

anyone go any advice

[Kraken1]

I think they might have erred, but can't be certain based on what you have posted.

I assume what they are getting at is that s78 of the CCA did not come into force until May of '85. This would mean that as your agreement pre-dates this then it does not apply.

This said, the act does state that "Sections 77 to 79 apply to an agreement made before [19th May 1985] where the agreement would have been a regulated agreement if made on that day" (schedule 3, s17(2) )

I suppose therefor it matters when exactly you opened the account (20 years ago exactly, or about) and whether the agreement would have been regulated or not.

[peter1234]

thanks

 

So how do i find all this out

 

what should i do now?

request agreement using sections 77 to 79

[peter1234]

Hi

 

they do go on in the letter to say

 

Compliance with section 78 is achieved by sending you a current version of your agreement but we understand that some customers wrongly believe that they are entitled to an original signed copy of the agreement.

 

you will note that section 78 refers to the requirement to provide a copy of the executed agreement. The executed agreement is the document which has been signed by or on behalf of both parties or, in other words, the original signed agreement - see section 189(1). the copy of the executed agreement, however, is the copy required to be sent by vertue of section 63 of the CCA

[F_DCAs]

Andbrat - Reading your thread there, it seems LTSB are pulling credit card account agreements out of thin air when they can't find the agreements to actual accounts. My thread 'Unauthorised consolidation of loan and overdraft' has more about that.

[peter1234]

thanks for that

 

But where do i go from here

[F_DCAs]

Well, the second paragraph in their letter appears to contradict the first to the point where LTSB are talking utter nonsense. They say sending you a copy of the current version fulfills the request and then go on to say in the next sentence that Section 78 refers to the original signed agreement? It seems LTSB have got themselves into a bit of a muddle in that statement - but then again, it IS LTSB.

[peter1234]

bump

[maroondevo52]

andbrat,

 

When you say a credit card taken out with a Bank Account, don't you mean a Bank Account with a cheque guarantee card.

 

Regards.

 

Scott.

[peter1234]

No

 

In the olden days when you opened a bank account you sort off automatically got sent a credit card. It may have guarenteed cheques at first, but i closed my bank accounts with TSB in about 1986

[peter1234]

It was a TSB truscard

[cerberusalert]

I suppose one way to get a definitive answer to this would be to ask the FSA How to contact us to see whether they are obliged to provide the information.

[peter1234]

thanks will do