CCA agreement demand-- who from?

[superjaw]

Hi.

This is regarding a debt to LLoyds TSB. I have asked Robinson Way, who are dealing with it, to send me the CCA(s) They say I hAve to contact the bank directly for this, as they have not purchased the debt. Is this true? They went over the 14 days in replying with this.

I think they should do this as they are acting for the bank. I want to dispute charges and interest added to this debt. It's quite a large debt consisting of overdraft and unsecured loans. I also want to look at ppa agreements on the loans. I've got a feeling they have rung the bank and no agreements there. Most of this debt occurred 2004 but I have paid some off. Was paying 5 pounds a month but then thought about looking at charge refunds etc so asked for details.

[superjaw]

Anyone:(? Please I really need some advice on this.

[WelshMam2009]

If they've not purchased the debt but are merely acting on behalf of Lloyds then I would be inclined to say yes, they are correct and you should forward your request to Lloyds.

 

EDIT...As Heliosfa says below, notice should be passed on by DCA.

Edited May 24, 2009 by WelshMam2009

[heliosfa]

Actually, as they are effectively the OC's "appointed agent", they should pass the request on to the Original Creditor.

 

Additionally, there is section 175 of the Consumer Credit Act

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

H

Edited May 24, 2009 by heliosfa

[superjaw]

ok sounds like I should write back to Robinson? Feel like they are being a bit cagey with me that's all.

[WelshMam2009]

Quote this...

If it is your view that you are not the creditor, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.

 

 

This is the relevant bit...

 

 

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the

creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him

forthwith.

[superjaw]

Thanks for that. Am writing the letter asap.

[superjaw]

Just to update and thank the people involved on here for their advice. I took your advice. I told them to ask lloyds themselves, and they did, eventually. No cca agreement was available and so, after I sent them the appropriate template letter, they have gone completely quiet on this. In fact they have left me alone. This is a great relief to me, as two years ago they were ringing me three or four times a week, accusing me of being a thief -and what had I done with their money? etc There were times when I only kept going because of the kids. Debt can be so devastating. I lost my job with 2 weeks notice, and couldn't find another one, so suddenly went from £27000 per year to zilch. I wasn't in the plan. I still have a couple of my debts to sort out, and this forum is helping me with those too. I think this forum may actually have saved my life. It certainly saved my sanity, and I can look forward and enjoy life once more.