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kiani

kiani vs lloydstsb cca

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Hi

 

I sent a CCA request to lloydstsb but got no reply. i then sent a second followup letter saying that the account is in dispute if they do the send me the required information.

 

today i got a letter back stating the following

 

any advise on what i should do next please

 

kiani

 

 

 

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Hi I think you need to get this moved into the debt forum, yoiu wont get many viewers in here this is the letters template thread


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thread moved.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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I'd be tempted to send them Scots letter below & see what their response is;

 

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 items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged 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

 

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.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


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SNAP!! I have the same letter word for word today for a cca request from back in 2007 the account has been back and forth between TSB and 6 diffrent DCA's. Each time the DCA gets the Why you dealing with with I'm still waiting for my CCA request to be sorted.

 

Looks like a last ditched effort on the part of TSB who will now be getting yet another formal complaint from me in the post.

 

Bazza

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the agreement which they have supplied is incorrect

 

no details as to the charge for credit, no details as to the rate of interest which is a prescribed term might i add, no details as to the APR either

 

utter rubbish and non compliant

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Hi Kiani,

 

Got the exact same response from LTSB after defaulting them after a CCA request that was ignored.

 

I don't wish to take over your post just wanted to say thanks for posting your letter and terms - it's confirmed that LTSB send out standard waffle to all creditors that start pushing them for resposes.

 

I'll read any further posts with interest!

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Their waffle letter is very similar to the one that RBoS use when they have re-created an agreement - hopeless

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