Unenforcable Credit Card Agreements

[Sweep Shot]

Hi All,

 

Hope I'm putting this in the right place:confused:. I wondered if somebody could help. I have a Lloyds Credit card which I have had for many years, originally it was an Access card. I wrote to them back in the summer when they sent me a new card attached to some terms and conditions. The Ts & Cs were incomplete and referred me to my 'original agreement' under many headings. They wrote back saying they were responding to my request 'under the consumer credit act' and I had no idea what they were talking about. I've since come up to speed... a bit. I'm having trouble affording my payment, though I havn't missed one yet. How realistic is it for me to try to make my situation easier using the 'unenforcable' route? They have sent me an agreement 'as it would have been' but said that they are looking for the signed one.

 

I'm very grateful for any advise.

[cerberusalert]

Moved to General Debt Forum

[cerberusalert]

Send them a CCA request recorded delivery enclosing a £1 postal order http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

When you get it back if you remove identifying details and post it up here, we'll have a look to see whether it's unenforceable or not. If it is or they fail to provide a copy within 12 working days of receipt you can withold payments until they do.

[cerberusalert]

I've just realised that they've already sent you a blank copy. In that case you can send the 'In Dispute' letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale You are legally entitled to withold payment until they produce an enforceable agreement and the older the a/c the less likely they'll be able to.

[Sweep Shot]

Thanks Cerbusalert.

 

I have attached the original responce from Ltsb, I would like your opinion before I continue with the process.

 

Many thanks.

ltsb.doc

[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.**

[Sweep Shot]

Hi,

Happy New Year.

Well I lost my nerve and sent them another CCA request but this time with the payment etc. just so it was done right. They should have got back to me by today and I've seen nothing. If I send an amended version of Scots letter, and actually stop paying, what are they likely to do next?

Many thanks.