CCA Paperwork received back incomplete...

[twinkle1977]

Hi

 

Received the attached paperwork back from Lloyds and have been told it's incomplete.

 

Am I missing the below:

 

• Signed statement of the account.
  
• True copy of any agreement
  
• Historic Terms and conditions from when the account was opened.
  
• Current terms and conditions.
  

or what am I missing.

 

I was sent a letter earlier, but I didn't completely follow it, so wonder if anyone can look at the attached and advise what to write?

 

Thank you

Twinks

Lloyds.pdf

[twinkle1977]

p.s when I say I was sent a letter, I mean to say that I was sent a suggested letter to send to Lloyds, but it was too complex for my tiny mind to understand....

[lilly white]

please do you require a comment on their cca.

 

please confirm that it does not have the total charge and the total charge for credit

[B3rty]

Looks enforceable to me

[twinkle1977]

please do you require a comment on their cca.

 

please confirm that it does not have the total charge and the total charge for credit

 

 

Hi

 

If the above, is a question, then yes - i would like anyone to comment on the CCA that Lloyds sent me.

 

By the question - does not have the total charge and the total charge for credit on it - do you mean the original loan amount of credit and monthly repayment amount - then Yes, it does. It's on the first page of the paperwork attached in the second box.... probably blacked out by me....

 

I thought it looked pretty complete, but was informed that it was not complete. Does the paperwork tick all the boxes for the paperwork I should have received back?

 

Thanks

[lilly white]

please forgive me what is the total charge for credit and what is the total amount payable.

[twinkle1977]

well

 

I don't know about now!

 

The initial loan was for £13,000 - £284.86 a month

 

Payments made for approx 1 year to the bank, then defaulted as lost my job.

 

Debt went up to £15,932.87 with payments payable to Commercial Collection Services from November 2003. £40 a month....

 

In 2006, the debt got passed back to Lloyds as I refused to deal with CCS anymore...I got cross with them and they referred me back to Lloyds.

 

Have been paying £40 a month to Lloyds ever since

 

Current balance is...... £14,012

Edited October 25, 2009 by twinkle1977
date wrong!

[cashins]

If the figurework adds up it would be OK on that score.

 

In my opinion they do have a problem in that it is a multiple agreement and as such it should have two signatures from you - one for the loan, the other for the PPI loan.

 

David

[lilly white]

Stolen from pt simple letter

Simple

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that Lloyds TSB subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

[twinkle1977]

Oh Wow! That looks like good news for me then!!!

 

Does anyone know if Lloyds are the type to lie down and roll over, or if they'd pursue it all the way to the courts?

 

Thanks - I will type and special deliver the letter tomorrow. Should I put a copy of their CCA paperwork in that they sent me?

 

Thanks

Twinks

[B3rty]

....

Edited October 25, 2009 by B3rty
Error

[lilly white]

also the ppi is rubbish it should be set out as seperated loan.

 

loan amount

charge for credit

toatal payable.

 

the loan is one thing the ppi is another

 

please claim all the insurance back charges etc,

 

also ask them for the insurance cert.

 

send of a sar to them

[twinkle1977]

Thanks.

 

So I send them the letter you attached and what - a separate letter for PPI? Or do I just SAR them?

 

All this advice is really appreciated!

[twinkle1977]

Hi

 

sorry to bump this, but do I:

 

1) send the letter in this post's thread

2) send the letter in this post's thread and another letter re: PPI

3) SAR them...

 

Thanks!

[twinkle1977]

Hi

 

Only annoying me again....

 

Do I send Lloyds the attached letter?

or

Do I send Lloyds an SAR

or

Do I send Lloyds something else?

 

what to do about PPI? Anyone got a good addition to send to them along with whatever of the above I send....

 

Thanks!

Lloyds Letter.doc