LLOYDS TSB - Unsure Where I Stand

[maroondevo52]

Hi,

 

Regarding the charges, we're waiting on new Template's and pocs to start the re-claiming process, these should be ready some time soon.

 

Let us know when you get a reply to your CCA request.

 

Regards.

 

Scott.

[Lee_K]

This is the letter I have chose to send:

 

Dear Sir/Madam,

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the 14th of October I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77/s.78)

You have failed to comply with my request, and as such the account entered default on 28th of October 2009.

 

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired.

As you are no doubt aware s.77(6) states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully,

[babybear39]

Subscribing...

[Lee_K]

Eh?

[babybear39]

It means I get an email reminder when someone posts so I can follow the thread easily and maybe help where I can

[Lee_K]

Ah thanks very much lol.

 

I'm interested as to what response I get from this letter...

[Lee_K]

Hello guys,

 

I sent the last letter off on the 4th of January by recorded delivery. The problem is when I try to track it, it just says my letter was sent and is now being progressed through the network for delivery. This status hasnt changed.

I went into the Post Office and asked what this meant and was told that the letter had been sent out but nobody was available to sign for it so it's gone to the nearest Post Office to wait for collection.

Now i'm worried that my letter just isnt going to get there. I was given a claim form to claim for my losses. I'm not too bothered about the cost of the letter just not sure whether or not I should send the letter again?

As you can see in my last letter it says I wanted a response within 30 days. Do the 30 days still stand? As I have confirmation the letter was sent?

Where do I go from here?

 

I also read online that someone else had a problem with the track and trace with the Post Office and got the same message but they were sure the letter got there in the end as they had a reply from it. So there's still a chance my letter has been received.

 

Cheers...

[MandM]

I have also had a few like that. They seem to get there in the end usually. You've done your best and you have the track and trace receipt to prove that. If you're worried then fax them a copy with a short cover letter explaining that it did not appear to have been signed for - not your problem and the time limit still stands.

 

M

[Guest HeftyHippo]

its possible they were still closed , or had no staff because of the weather

 

do as M says, but add that you sent a recorded letter which wasnt signed for and they should contact the Royal Mail to arrange delivery.

 

But, there is a time limit to how long the sorting office keep unsigned for stuff, and you've probbaly gone past it. if so, I think you'll have to send it again.

 

However, in some cases, 'service' is deemed to have been made when the stuff is sent, even if not received. If the sorting office keep it for a reasonable time, say 2 weeks you could argue that they had time to collect it. i have a feeling its only a week though.

 

In summary, not quite sure of your position. I would try the "I sent it, its your responsibility to be able to accept service" approach and see ho wit goes. ie, if they dont facilitate service, they can't hide behind it

[Lee_K]

Well I did offer 30 days to respond and it's only been 16 days up to now so i'll give it the other 14 I suppose before getting in touch again.

 

I didn't want to resend the letter as it would give them another 30 days if they had already received my last letter. But as this was sort of "the final" letter to send them i'm unsure how to respond if they havn't received it.

 

Thanks for the quick replies!

[Guest HeftyHippo]

simply send them a reminder of your letter. the clock doesn't start again youre just reminding them.

 

are you sure the letter hasnt been delivered since?

[Lee_K]

What would I put in a reminder though? I'm not too bad when it comes to writing letters, but I wouldnt know how to word a reminder letter lol.

 

Well the status hasnt changed on the track and trace, so I havn't a clue! Maybe it has, maybe it hasnt!?

[babybear39]

Just send them a copy of your original letter with a covering letter explaining the steps you're going to take ie. reporting them to TS, the OFT, your MP and the ICO

[Guest HeftyHippo]

What would I put in a reminder though? I'm not too bad when it comes to writing letters, but I wouldnt know how to word a reminder letter lol.

 

Well the status hasnt changed on the track and trace, so I havn't a clue! Maybe it has, maybe it hasnt!?

 

ooh, I don't know. Thats a hard one, lots of choice etc.

 

How about:

 

"Dear sirs

I write to remind you that my letter of XX Date (sent by recorded post) remains unanswered by yourselves.

 

For your convenience, a copy of that letter is enclosed. Note however that the deadlines stated in that letter remain and are not extended by this reminder.

 

I look forward to your response by the yy Date"

[Lee_K]

Sounds perfect! lol. How come I couldnt think of that!?

 

I'll send it in the next few days stating they still have XX days to respond to my previous letter.

[Lee_K]

Well this is the letter I sent to them which I can confirm was delivered today by special delivery:

 

Dear Sir/Madam,

I write to remind you that my letter, sent by recorded delivery on the 4th of January 2010, remains unanswered by yourselves.

 

For your convenience, a copy of that letter is enclosed. Note however that the deadlines stated in that letter remain and are not extended by this reminder.

 

I look forward to your response by the 3rd of February 2010.

 

Yours faithfully,

But what happens if I dont get a response from this letter? What should I do? In my previous letter to this I stated:

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

So do I just presume they have agreed to remove all data? I have a sneaky suspicion i'll get a response sometime in the next 2 weeks or so. But will the matter still stand?

[Lee_K]

Well today's the final day and I havn't even had so much as a response from them, so any ideas what to do next?

[MandM]

Just send them a copy of your original letter with a covering letter explaining the steps you're going to take ie. reporting them to TS, the OFT, your MP and the ICO

 

As BB pointed out, start complaining. They can't enforce through court without the CCA, particularly as you will now write confirming that due to their inability to reply the account is now in serious dispute. Stalemate for now.

 

M

[Lee_K]

Well I sent another copy of the original letter with my reminder letter which I know was received on Monday just gone, I have a feeling I might get a response towards the end of the week, but if not then i'll write another letter as you mentioned, stating that I will be reporting them to the OFT etc.

 

Thanks for the replies, i'll keep you updated as it go's!

[Laura Cooke]

I wrote to ICO about MBNA not sending data in December the ICO haven`t even responded another office that can`t cope with it`s requirements

[Lee_K]

To be honest i'd like to think it wouldn't have to go as far as making a complaint!

[Lee_K]

Well this is the letter I have come up with which I intend to send on Friday by special delivery, meaning it should arrive there exactly a week after my previous reminder.

Dear Sir/Madam,

I write to remind you that my letter, sent by recorded delivery on the 4th of January 2010, still remains unanswered by yourselves. I also sent a reminder by special delivery which I can confirm was delivered on the 1st of February 2010. This also contained a copy of my previous letter for your convenience.

 

I have enclosed copies of both these letters. But please note however that as you have failed to respond within the 30 day deadline stated in both my previous letters, I will be making a formal complaint to the office of fair trading. I therefore request a copy of your official complaints procedure which you are obliged to supply.

Yours faithfully,

 

 

So how does that sound? Anything I should maybe change or add?

[MandM]

Sounds good to me Lee K. Straight to the point. You've done all your talking in previous letter and I think you are showing yourself to be more than reasonable,

 

M

[Lee_K]

Thanks, just wanted to make sure I hadn't missed anything out. I'll be sending it off tomorrow, to arrive on Monday by special delivery, and as I said i'll keep this updated as it go's...

[Lee_K]

Well I sent the above letter today by special delivery and was told it should be there by 1 o clock tomorrow which I will be able to check with the 'Track & Trace'.

In the letter I requested a copy of the official complaints procedure. But what happens if once again they just dont reply to my letter? Seeing as this is like the 4th or 5th letter I have sent by recorded / special delivery and have yet to have a response to any of them, i'm not holding out for a response with this letter either. But how long am I supposed to wait to get a response? A week? A month? And then if or when I dont get a response what do I do? Go ahead and make a complaint with the OFT stating that they have failed to respond to any of my letters?

 

Also, i'm sending the letter to the address in this letter that they sent me a while back:

http://www.myimgs.net/images/aryp.jpg

That is the only letter I have received from them regarding my loan. Is that the right address for me to be forwarding these letters to?

 

Apologies for all the questions, and much appreciated for the help...