LLoyds/TSB No Credit Card Agreement

[michelangelo]

I received a letter from LLoyds/TSB informing me that they do not have any obligation to provide me with CCA.That my account has been in existence for many years.That I paid and repaid my debts on several occasions, therefore acknowledging that there was an agreement.As such they state that my agreement is enforceable.

 

Any help please?

[cerberusalert]

If it was for a current a/c they are not obliged to provide a CCA, if it was for a credit card or loan they do.

[michelangelo]

Many thanks for your message. What's next? How should I proceed please?

[cerberusalert]

I assume it's a current a/c? If so the only thing you can do is reclaim any unfair charges they have added which will reduce the debt. You will have to send a sar http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca which will cost £10 & they have 40 days from receipt to provide the information. When you get it back it will contain all the information they have on you which will include copies of statements.

 

If it is a CC or loan that they've refused to provide a CCA for you should make a complaint to the Information Commissioners Office https://www.ico.gov.uk/Global/contact_us.aspx

[jobmid]

is it a credit card or current account?

[michelangelo]

It is a credit card account.

[jobmid]

when did u take out the agreement and how did u take it out?

[michelangelo]

I took it about 10 years ago.In fact it was offered to me by Lloyds/TSB.

[cerberusalert]

When you requested the CCA did you do it in writing and include the £1 fee?

[jobmid]

when did u last make a payment if its over 6 years ago then this debt is statue barred.

 

send them this

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

Print Do Not Sign Name

[michelangelo]

Thanks for your message, but I think I did not explain it properly to you, I accepted the cc some ten years ago and I've been paying the minimum amount for this credit card which ahs on it now a balance of £7.700.I wrote to Lloyds several letters informing them that I am a pensioner and cannot afford paying the minimum amount at the moment.I offered to pay them £35.00 a month, they refused.I offered to pay £47.00 they also refused.Then I checked the file and noticed that it was a different number than the gold card I had.This is when I asked for the original agreement to be sent to me.They failed to do so.

[cerberusalert]

Send them this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter including a postal order for £1 & send it recorded delivery, do not sign the letter. They have 12 working days from receipt to provide the CCA, if they fail to do so you can legally dispute the a/c and withold further payments until they comply to your request.

[jobmid]

ok do as cerberusalert said to do and let us know how you get on if they have no cca then they cant enforce the debt and you can withold payment

 

send of the cca request and us know what happens

[michelangelo]

Thanks again for your help.I had already sent this letter.They failed to provide the original credit card agreement.They sent me a types agreement with no signature.I received afterwards a letter from a collection company threatening me to take me to Court.The last letter was from Lloyds/TSB is the initial one with which I started this blog. Shall I send them the letter again with £1.00?

[lilly white]

who are the dca

[clemma]

I'd take a guess at Sechiari, Clark and Mitchell.......

 

Did you send the dispute letter to LTSB after they failed to produce a CCA?

[lilly white]

well you say that my veiw who be our friends in Reigate.

[clemma]

Hmmm - possibly - but **** are the in-house DCA's who like to pretend they are solicitors Just have to wait for the OP to post.

[cerberusalert]

Shall I send them the letter again with £1.00?

If you didn't include the £1 with your first request just resend it. If you have already paid send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[michelangelo]

I sent that letter already.

[michelangelo]

The debt collectors are: MHA Collections.

[lilly white]

WELL IF IT WAS ME I WOULD BIN THIS LETTER DO NOR RECOGNISED IT AS IT WOULD RECOGNISING THE ASSIGNMENT.

 

SO CHANGE THE ATTACK

 

SEND THIS TO THE BANK EDIT TO SUITDear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

 

Regards

 

 

 

xxxxxxxxxxx

1st letter

[michelangelo]

Many thanks.Will do. Hope it works.

[lilly white]

well if it does not we would have to consider taken them to court,

 

which they do not like, which is nice.

 

regards lilly white

[michelangelo]

Many thanks. Have a nice weekend.