Lloyds TSB / BLS v Me look at this responce to CCA is this correct?

[Helpmeoutplease]

Hi need some advice from you fellow caggers please.

 

I sent of the standard CCA request letter to BLS collections on the 6th July 09 for an old credit card that I took out in 2005. I never heard a thing from BLS apart from the usual hassle letters and phone calls.

BUT today i recieved this nice little letter with what they consisder a credit agreement, the agreement is unsigned and is a new one with just my name added.

The opening letter states that they have fulfilled my request.

Any advise on how to respond would be good.

 

I did send them the account in dispute letter already a few days ago.

[ICO]

I'm no expert but I am pretty sure if it's unsigned it's unenforceable, but I am sure others will back me up on this . . .

 

Also if you sent the CCA request in July they are well over the default date to return it to you

[Helpmeoutplease]

ooops they are abit small.

Try these links

 

Page 1

http://i681.photobucket.com/albums/vv174/gazzasaki/lloydsccccaresponcep1.jpg

 

Page 2

http://i681.photobucket.com/albums/vv174/gazzasaki/lloydsccccaresponcep2.jpg

 

Page 3

http://i681.photobucket.com/albums/vv174/gazzasaki/lloydsccccaresponcep3.jpg

 

Page 4

http://i681.photobucket.com/albums/vv174/gazzasaki/lloydsccccaresponcep4.jpg

 

Page 5

http://i681.photobucket.com/albums/vv174/gazzasaki/lloydsccccaresponcep5.jpg

[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.**

[ICO]

You've done me Cerberusalert, I was just looking for a template letter along the line of being in breach of the CCA request . . . .

 

I like your letter though

[Helpmeoutplease]

thanks Cerberusalert nice work..

do you think lloyds have found a new stratagy to CCA requests if you look at pages 1 & 2.

[cerberusalert]

They'll try anything to convince people they have an enforceable agreement. The sections of the Act they are trying to hide behind were drawn up before the dawn of photocopying etc and 'true copies' had to be drawn up by hand, of course copying someones signature is illegal so it was allowed to be omitted.

[Helpmeoutplease]

just a quick update..

I sent of the letter Cerberusalert suggested today.

This afternoon got a nice phine call from a scottish company called Allied... they said they working on behalf of Lloyds and BLS.

Well i told her to 'do one' and the account was indispute go back to BLS and ask them.

she asked me to to forward all previous letters to her, i told her an adim fee applys for duplication letters..