LLoyds cant find Loan CCA

[rhino666]

After 6 months of asking for a CCA I get this:

 

 

Final Response

Dear Mug!

Account Number: xxxxxxxxxx

 

Thank you for your letter dated xx June 2010, addressed to , my understanding of your complaint is that:

• You believe s. I'm sorry that you're unhappy with the way this matter has been handled.

Highway Robbery Collections has requested we respond to your correspondence.

 

Having considered the comments you've made, my understanding of your complaint is that:

• You believe Highway Robbery Collections has failed to provide you with your requests for your credit

agreements, as regulated by The Consumer Credit Act 1974, or your statements.

• As this information has not been provided, you believe your debt to be

uncollectable and you would like the Bank to stop processing your data.

• You will only communicate with the Bank in writing and you reserve the right to

report our actions to any regulatory authorities.

I have completed my investigation into your concerns and I am sorry to advise you that I am unable to accept your complaint. I know this will be a disappointment to you and it is important for you to understand the reasons for my decision, which are set out in detail below.

 

Following my review of your file, I am sorry to say I cannot trace a record that we received the letter you state you sent to HIGHWAY ROBBERY COLLECTIONS on 11 April 2010. Our records do show you also made this same complaint in your letter dated 19 July 2010 and this responded to in our letter dated 2 August 2010. To clarify the contents of our previous correspondence;

 

Our records show that your personal loan (numbered xxxxx and xxxxx) and current account (numbered xxxxxxx) were closed for debt recovery purposes in Feb 2003 and transferred to our Consumer Debt Recovery Department (CDR) under reference xxxxxx with a consolidated outstanding balance of £9,642.30.

I am sorry to say it is no longer possible for us to provide details of the loan account, such as a copy of the credit agreement from when the account was opened. However I have enclosed copy statements of your loan account and current account for your reference. Usually there is a £10.00 copy statement fee but you will not be charged on this occasion. I have also requested a copy of your statement for payments received whilst your account was in CDR and this will be sent to you under separate cover.

 

Although we are obliged to keep such documents as a credit agreement for a reasonable period of time, we are not required to keep these indefinitely and 6 years is the known industry standard for holding these documents. Whilst I am sorry for any inconvenience caused to you by us not being able to supply these, I do not feel that it is realistic for us to have retained these documents from April 2001 when you loan was advanced.

 

I am sorry that I am unable to provide a copy of your loan advance documents from 9 years ago, however I am satisfied that it is correct for us to look to you for the repayment of your borrowing and recovery of your debt will continue. Our records also show you originally assigned Solicitors (blah blah Solicitors) to deal for you in this matter and you have written cheques from your NatWest account and sent us several financial statements for repayment of this debt and in view of these findings, I believe you have accepted liability of your debt.

 

Since 2004, we have received payments totalling £3701.00 and these have been used to reduce the outstanding balance to £6,143.30, as of today's date. I cannot trace any records which state you have previously disputed this consolidated debt.

 

As per your request, I have deleted your telephone number from your file and noted that you should only be contacted by mailed correspondence.

With regards to you reporting this matter to the relevant authorities, please note that it is your legal right to deal with this matter as you deem best.

 

Due to non payment of your debt and arrears accruing, your debt has now been transferred to Moorcroft Debt Recovery Ltd for administration. I would suggest you now contact Moorcroft, on 0161 4752830, to negotiate interest free repayment of your debt. Failure to do so could lead to further action against you, such as the sale of your debt to a third party debt collection agency.

 

I hope you understand my reasons for rejecting your complaint. If, however, you remain unhappy you can refer your concerns to the Financial Ombudsman Service. I have enclosed a leaflet which provides full details of the service and how you can contact them. If you wish to refer your complaint to the Ombudsman you must do so within 6 months of the date of this letter.

 

Yours sincerely

Edited October 29, 2010 by rhino666

[rhino666]

I've never had a NatWest account so I have no idea where they got that from.

 

Does this bank have the right to tell me how long I have to take this to the Financial ombudsman ?

 

Still no CCA.

 

and they've already sold the debt to a 3rd part despite the account being in dispute and letters being sent.

 

I really don't care if they reject it. I didn't write to complain to them I wrote their High way robbery collections dept for a CCA

 

All I wanted was proof of no CCA and this seems to be it ( am I right? )

 

I'm sure it takes a bit more than mentioned to accept liability than what they've said. I certainly haven't put that into words.

 

Anyway advanced on this.

[Guest]

yes, it does look like their (loyds by any chance?) acknowledgement that they do not have a cca for the loan.

[rhino666]

Better not say who it at a mo but it is a high street bank.

 

Any thoughts.

[Guest]

they have admitted that they can't find a cca for the loan, and you say that it has been sold on? so, you'll prob have to 'start again' with the new 'owner'. afaik, no signed cca (pre 2007) = no court enforcement.

imo

Edited October 29, 2010 by Ford
typo

[rhino666]

That's exactly what I thought. Well the new owner wont have a cca either and it shouldn't have been sold on while in dispute.

[Guest]

hi. thing is, they are now 'allowed' to send a 'reconstituted' agreement in satisfaction of a cca request. so, even though there is no cca, they 'think' that they have complied and that there is no 'dispute' and carry on to do as they please! but, they seem to do as they please in any event!

but yes, the new 'owner' will not have a cca if the o/c doesn't have one!

imo.

 

[ATTACH]22819[/ATTACH]

Edited October 28, 2010 by Ford
typo

[rhino666]

to start with I asked for cca under section s77/78 CCA then asked again under CPR 31.16(3)©&(D) so they don't try to pull a fast one.

Not only that 6 months is a long to argue about getting one.

 

The OFT are useless!

 

Cheers Ford.

[Guest]

you could go ahead and complain to the FOS, and the OFT?

Edited October 29, 2010 by Ford
typo

[rhino666]

Well if push comes to shove as long as I have enough ammo to make them F off. I bet they treat all cases the same.

 

This part about having 6 months to complain that's mentioned. Surely it's not for a bank to tell a consumer how long they have to complain like these lot did.

[Guest]

This part about having 6 months to complain that's mentioned. Surely it's not for a bank to tell a consumer how long they have to complain like these lot did.

 

some FOS info re time limits! http://www.fos.org.uk/faq/businesses/answers/before_we_get_involved_a7.html

[rhino666]

Unless I'm missing a point ( which I probably am ) why would I want to make a complaint about them losing a CCA.

 

I could lodge a complaint about the saga being transferred without a CCA while in dispute.

 

Can anyone confirm if I'm right or wrong on any matters?

[ploddertom]

I know nothing about any of this but logic tells me that if someone owed me money then the last thing I would do is throw out any paperwork appertaining to the same. Sounds like your bank has committed financial hari-kari and are trying their best to backpedal/flummox you.

 

PT

[rhino666]

That's exactly what I thought. Thank you.

[Guest]

........why would I want to make a complaint about them losing a CCA.

 

exactly.

o/c has confirmed that they don't have the cca! unless one happens to turn up sometime, then the new owner can't enforce in court and, as the oft guide suggests, they can't now make any threats/misleading statements re taking the matter to court. if they do, you could complain to the oft.

imo

[rhino666]

well if they do it better be of the right prescribed term ( which I know it wont be ) re OFT rules for CCA Pre April 2007

[rhino666]

I've referred my case with a bank who says they don't have my CCA to the FSO to see if I can get the bank off my case. Does anyone know how much clout they have?

 

e.g is their word final above that of a judge ? How does it work ?

 

Anyone ?

[rebel11]

Hi Rino

 

The FOS see everything in black and white, their are no grey areas. They won't look at legal stuff, they'll come out with stuff like 'if you borrowed the money, then you owe the money.' Regardless of if there is any wrong doing on the banks part.

 

The bank will pay £450 for the FOS to look into your case, that sums it up nicely.

[rhino666]

Right, that's about as much as I want to listen to then. Wish I hadn't given them the case.

Why do these ombudmans and the rest of them even exist if they're not going to do the job properly.edit I'll get a lawyer!

Edited December 14, 2010 by MARTIN3030
inapp txt

[dx100uk]

what is this to do with

 

do you have an active thread already on the issue please...

 

dx

[Jasper1965]

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/91/91-myths-and-truths.htm

[rhino666]

Oh well, lets see what happens.

[Sokoto]

In my opinion I see them more belonging to the same company. The Ombudsman should be likened to the Human Resorces in the Company whilst They could take 6 months to solve the most basic case.

[rhino666]

This isn't sounding good at all.

[debbbbsy]

don't put your trust in them.... the fos will protect the bank, and don't get involved in court cases.