Lloyds cant find goldfish loan CCA

[everton2005]

right i cca these for an old goldfish loan account and this is there response http://i36.photobucket.com/albums/e38/everton2005/tsb.jpg

[Pinky69]

Did you identify the account with a reference, send them the CCA request letter and enclose a £1 postal order? Info under the DPA is separate and for that you have to send them an SAR.

[everton2005]

all i asked for was a cca and sent a £1 postral order

[Pinky69]

Their letter states that you didn't give them an account number so they don't know what agreement you want a copy of.

[everton2005]

i think they think its a credit card but its an old goldfish loan account .i did put the account number on the letter i think i better explain to them what it is lol

[Jules55]

What has Lloyds got to do with Goldfish? Barclays acquired the Goldfish Credit Card operations last year. I have heard that due to the takeover, its unlikely Barclays will be able to produce any CCA or old data relating to old Goldfish accounts, therefore its highly likely that the data will be removed from your credit file. Obviously you will have to ask the CRA's that there is incorrect data being reported on your credit file, they will contact Barclays you will probably reply that they cannot locate any files, then you reply to the CRA's that in those circumstances they must remove the data from your file. Try it, usually any Company that takes over another will find all the old data from that Company in a right mess, so I would say you have a good chance of success!

[everton2005]

yes and Lloyds tsb bought gold fish loans which is what this is not a credit card

[Harrassed09]

What has Lloyds got to do with Goldfish? Barclays acquired the Goldfish Credit Card operations last year. I have heard that due to the takeover, its unlikely Barclays will be able to produce any CCA or old data relating to old Goldfish accounts, therefore its highly likely that the data will be removed from your credit file. Obviously you will have to ask the CRA's that there is incorrect data being reported on your credit file, they will contact Barclays you will probably reply that they cannot locate any files, then you reply to the CRA's that in those circumstances they must remove the data from your file. Try it, usually any Company that takes over another will find all the old data from that Company in a right mess, so I would say you have a good chance of success!

 

Can the site team confirm or deny this?

Unless, I have missed the point surely this is a way to get around the deadlock we find ourselves in with Barclaycard. They keep responding to me (2 separate accounts) with an unenforceable cca and on the second account they have not produced a cca atall. My ping pong letters with them have reached deadlock and they keep insisting that sending the current terms and ocnditions and ignoring my cpr requests. Surely if I contact the CRA's in this way I can get the information removed from my file?

 

Am I missing the point? Or is this very difficult to do?

 

Also, how do I contact the CRA's? Individually??

 

Thanks

[Jules55]

All I've heard is if its an old goldfish credit card account chances are Barclays can't find the data, so it will be unenforcable and would have to be removed immediately from your credit file. Expect someone at Goldfish who got the boot wiped the files lol! Good one if you have old goldfish credit cards you don't feel like paying back I guess!

[everton2005]

considering they dont know what am on about what about this http://i36.photobucket.com/albums/e38/everton2005/loydssol.jpg

[everton2005]

bump

[everton2005]

what next

[Pinky69]

This letter is full of "may" do this and "may" do that - they cannot do anything without a credit agreement. I would reply that Lloyds have been unable to locate a credit agreement for this alleged account and are in default of your request under the CCA 1974 S 77. Until such times as they send you a true copy of an executed agreement you will not be having any further correspondence with them.

[RedVixen]

That letter is one of SCMs standard first shot letter and was probably printed out by Lloyds Collection staff - expect many others claiming they have not received any correspondance despite them signing for it

 

FWIW I had a Goldfish card many moons ago - and Lloyds did take it on. I have only just shredded the statements that prove it

[everton2005]

ahh but this is a goldfish loan

[RedVixen]

OK skimmed over that bit and misread it - sorry

 

I have a whole catalogue of letters from **** mind you as do many others on here

[everton2005]

here is the latest installment please advise http://i36.photobucket.com/albums/e38/everton2005/lastscan-5.jpg

[everton2005]

.......................

[cerberusalert]

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.**

[everton2005]

thanks mate

[everton2005]

here is the latest episode http://i36.photobucket.com/albums/e38/everton2005/lastscan1-2.jpg

[everton2005]

boo

[everton2005]

bump

[RedVixen]

Its just on its way to their complaints department (except they don't call it complaints as they never admit fault just make goodwill gestures when they know they don't have a leg to stand on) - it will take a while to get a response from them however Lloyds do not talk amongst themselves so you may still get threatograms from collections and ****

[Harrassed09]

Can the site team confirm or deny this?

Unless, I have missed the point surely this is a way to get around the deadlock we find ourselves in with Barclaycard. They keep responding to me (2 separate accounts) with an unenforceable cca and on the second account they have not produced a cca atall. My ping pong letters with them have reached deadlock and they keep insisting that sending the current terms and ocnditions and ignoring my cpr requests. Surely if I contact the CRA's in this way I can get the information removed from my file?

 

Am I missing the point? Or is this very difficult to do?

 

Also, how do I contact the CRA's? Individually??

 

Thanks

 

HI, any site team have any ideas? We are in deadlock either I have to take barclaycard to court or if I can go via the CRA route and claim Barclaycard have no authority to enter information on my credit file then this would be easier/quicker???

 

I don't want to hijack this thread just wondered if this is the easier route to take when in deadlock?

 

Alternatively I suspect I will have to go to court to enforce their compliance with my sar and cpr requests.

 

Any help would be gratefully received

 

thanks