LLoyds Reply to CCA, are they right,

[elrib]

Hi would like some advise on what to do next, I have attached the reply from lloyds after sending them a cca. Read in order 4, 3 then 5.

 

Thanks

[Bazooka Boo]

Load of nonsense and they know it, where is the actual CCA they sent you? Can you scan and post that up?

[rebel11]

Hi elrib

 

If your agreement has been 'varied', i.e. they increased the interest rates since you opened the account, they need to provide you with the original CCA, plus Term's and Condition's for each variation.

 

Carey v HSBC (2009)

[elrib]

Hi Bazooka

 

The so called agreement is made up of 12 pagers just type on plain paper, I have uploaded above,

 

Would like some advice as to how to reply as I dont belive this completes their obligation under section 78.

 

Thanks in advance Guys and Gals

[dpick]

While they may have complied with s78 request with a reconstruction of the agreement they would need the actual agreement to enforce in court.

 

dpick

[harrassed senior]

You could send them this, adapted to suit;

 

Dear Sirs,

Thankyou for your template letter.

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any further attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.

Clearly you have chosen to abide by the Consumer Credit Act as minimally as is lawful, by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirn as to whether you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

Certainly I can think of no valid reason why you should choose to provide a reconsituted version rather than simply photocopy the original-if it exists.

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days.

[elrib]

Hi All

 

Could you take a look at the lloyds Agreement and DN, Would like some advice on how to reply.

Elrib

Lloyds DN.pdf

Agree 3.pdf

Agree 2.pdf

Agree 1.pdf

lloyds DN1.pdf

[silverfox1961]

Hi,

The DN looks ok to me but if that is the quality of the agreement, they are sorely lacking. The agreement needs to be clearly legible. I would imagine all the required terms are on there, I just can't read them (too faded). If you CAN read them then a judge should have no problem.

 

If the account has been terminated, what date was it done?

[elrib]

The copy I scan the agreement from is no better, Not 100% sure about the prescribed terms dont thing there is any,

 

This was original a TSB card, They have also sent me a reconstituted version of a TSB agreement and a Lloydstsb Agreement.

Bit confused as I never had a lloydstsb agreement so dont know how they can reconstituted that one, and as for the TSB one its nothing like the so called original one that they have sent me.

All help much appreciated.

Elrib

[elrib]

Not had a termination Notice as such but had a demand for full payment from SCM on the 23 july 2010.

 

I guess my attack would be the agreement as it dont look like it has the terms in it even though its hard to see,

[elrib]

Not had a termination Notice as such but had a demand for full payment from SCM on the 23 july 2010.

 

I guess my attack would be the agreement as it dont look like it has the terms in it even though its hard to see,

[silverfox1961]

If you have a look in the library, the letters are all there.

[elrib]

Thanks, will send a letter ref agreement not legible, Do a reconstituted agreement have to have the same info as what they say is the original.

[2Grumpy]

Thanks, will send a letter ref agreement not legible, Do a reconstituted agreement have to have the same info as what they say is the original.

Presumably they say it's a true copy. A true copy should have no material differences, although the signature can be missing. It should really have been copied from the original ...

[elrib]

Thanks 2grumpy,

 

The agreement they sent (in post 1) Came with a letter stating. ( We have now retrieved the original signed agreement and enclose a copy for your records), Although it is headed your application not sure if thats relvent or not.

Then they sent a reconstituted copy which does not have the same info in it.

Just looking to gather as much info as I can, I am sure they will take this further,

Elrib.

[elrib]

Letter from lloyds, any comments, is this missleading, would like to reply to them.

Lloyds reply.pdf

[elrib]

update

[Guest]

elrib

 

for eg, this is the current (AFAIK) oft guidance

 

[ATTACH]23378[/ATTACH]

[2Grumpy]

I don't see an interest rate or details of repayments before the signature on the application form, so i don't see how they could rely on that as an agreement

[Mr Worried]

Hi elrib

 

What programme did you use to upload docs?

 

Mr W

[elrib]

Hi Mr worried.

 

I used a pdf converter. you can get this from http://www.dopdf.com its a free download. its converts most documents.

[elrib]

Hi 2Grumpy

 

Thats what I was thinking and I have a good look at the copy I have, and there are no intrest rates or amount to be payed or when. Could that be that somewhere on this doument it refers to a document like TC and thats where they would be, Could they do that or has the precribed terms got to before the signature box.

[Mr Worried]

Cheers el

 

 

 

Hi Mr worried.

 

I used a pdf converter. you can get this from http://www.dopdf.com its a free download. its converts most documents.

[elrib]

Hi All

 

My so call agreement is unreadable, and I did at one time see a template on here regarding unreadable agreements and some reg on it but cant find it, could anyone point me in the right direction, thanks.

El