LLoyds cant find Loan CCA

[harrassed senior]

The 'truth' will be in the letter, 'acting for' 'our clients' etc. will mean the debt belongs to another company, not necessarily the OC.

 

An outright 'claim' to the debt may mean it has been sold.

 

If there is no Agreement, and you have this in writing you could always send the 'bemused' letter to the latest to write to you:

 

http://www.consumeractiongroup.co.uk...lection-agency

[rhino666]

A 1000's thank yous. I'm in the process of going through the FOS appeal ( for good that's going to do ! ) for a complaint against a bank that has said they don't have my CCA yet passed it across to DCA after it went through their in house collection dept.

Good piece of info in the link.

The OC is claiming they're only obliged to keep CCA for 6 years. this I'm sure is the Minimum not the Max, so they're trying to pull a fast one then passed it to a DCA for my troubles of asking where it is.

I'm pretty sure the original letter from the DCS says "Acting for"

[count orlok]

It is 6 years, 6 years after the account has been closed!

[rhino666]

Not that i don't wish to believe that but that statement reiterates what I said.they don't have meaning they can if they so wish hold them for longer and banks DO. Banks can hold records for dozens of years if they wish to.

 

Just found this

http://www.consumeractiongroup.co.uk/forum/showthread.php?32853-How-long-does-your-bank-keep-statements

Edited February 14, 2011 by rhino666

[rhino666]

Could anyone please clarify how many times you're supposed to submit the £1 for CCA to a bank especially after they say they don't have it!!!. I've just been asked for it a second time and told if I don't pay it they'll close the complaint!!

 

Have this documented, sent via recorded delivery and the extra £1 deducted from the alleged total.

 

As far as I'm aware I pay once.

If this banks to shut down my complaint that's their problem not mine. My whole sorry saga was handed back to them from a DCA who had no CCA ( was pointed out in a letter ) The bank insist I need to pay again with a credit card and an account no as none was specified!!

Well if they didn't have an account No how did they write to me because I never put an address no or name down , just a a/c No

 

I tempted to ignore it and see what they do... or who they pass it to next( which they're not allowed to do )

 

 

and they've even told me

 

PO box 12304

Edinburgh

EH12 9DX

 

will supply the CCA

 

No mention of it's the same bank or different Co

Surely that's their job not mine. I've done my bit.

[citizenB]

Who did you send the original request to?

 

If the original creditor then you should only need to pay once.

 

If the account had been passed to a DCA who failed to provide and it was then passed on to another DCA then the situation does become a bit frustrating.

 

IMHO, (assuming it was a DCA) they should have sent both the £1.00 and the request to the Original creditor to supply. However, it looks as though the legal fee has been deducted from the account. That is up to them.. however, you should have made it clear in your request that the £1.00 was for the supply of the CCA only. Because that could affect any statute barred timing.

 

If you have proof that the request was received then you should simply point out that the monies were sent and received and they are now obliged to provide the document you requested.

 

If you send the fee in the form of a postal order, you can check that it was cashed by telephoning :

01246 542091

 

Who are the bank and who was the DCA

[BankFodder]

Read all about BCOBS and then decide how you want to approach your complaint

[rhino666]

The bank is LLoyds and the DCA is credit security and the original £1 was sent to their (Lloyds) collections dept as cash , but like I said it was sent recorded delivery and the deduction of £ is there on a statement. so it can all be backed up.

 

Sure their bad administration is not my problem if I can prove I've obeyed the law

 

and I made it PERFECTLY clear in the letter requesting a CCA. and if they close the complaint down that's their problem. As said ... they've admitted they don't have it the CCA in writing!

 

Read all about BCOBS and then decide how you want to approach your complaint

 

The thing is I haven't made a complaint. I merely laid down the law with the DCA stating they shouldn't be processing anything without a valid CCA , who then passed it to Lloyds as a complaint( from what I've received they haven't even supplied the bank with the full letter.

Complaints don't appear to get looked at in Banks, they're glossed over by some clerk who knows very little then farmed out to DCA.

 

Could someone clarify that I'm right in not needing to pay a second time if I have evidence of paying the first time.

[citizenB]

Ah, why am I not surprised that it is LTSB ?

 

Ok, what has happened to your £1.00 is that you have sent it to the "Collections Department". You should have sent your CCA request to the head office address.

 

When you send anything to the CD, that has money attached.. they separate the money from the letter. The letter - if it even arrived at the department that deals with CCA requests, would now be minus the fee ?

 

Perhaps you should now make an OFFICIAL COMPLAINT and start the ball rolling. Send to the Head Office/Registered address and mark it Official Complaint.

[rhino666]

As the Collection Dept is part of Lloyds and it's clear letter what the money is for , surely their admin is at fault rather than me being at fault, It was the collections dept that were dealing with me in the first place. + if there is no CCA as they themselves have said in writing surely the last thing in the world I want, or anyone else wants, is a CCA giving them the right to take me to court. Yes I am trying to avoid paying but I'm doing so for a damn good reason.... I NEVER withdrew the funds and was NEVER supplied a CCA in the first place which is what they're supossed to do in the first place . I have all my statements to back this up ... but LLoyds don't want to take notice of this. EVEN when I've supplied them with the statements saying ... "where has this money gone" with everything underlined in red..... No reply! Ombudsman....he couldn't careless when I pointed it out.

 

If I'd withdrawn money they'd have a point, but I didn't, I left the money they shut down the ac and said you owe us !!!!

[citizenB]

No one is suggesting that you are at fault. Just pointing out what happened and yes, I agree that they should have known what it was for. However, you are now left with a mess that unless cleared up could possibly create further problems down the line. And why should you not expect redress for the hassle that you have been caused ?

 

To obtain that redress though, you are going to have to make a complaint and follow it up.

 

BankFodder has 5 articles in respect of BCOBs (which he mentions above) in CAG magazine. They are well worth reading and taking forward.

[rhino666]

OK, I'll get on with it and read them. Fingers crossed.

[citizenB]

, Just yell if you need any help ..