Lloyds Tsb/ BLS/ CCA.Desperate Now.

[rigbyp56]

Hi Everybody, I Have A Long Standing Loan With LTSB, I Also Have A Long Standing CC.

I Have CCA'd Both Of Them, The CC Have Sent Me A Letter Saying They Are Very Busy And That They Will Be In Touch, I Am Going to Send Them A Account In Dispute Letter, And See What They Come Up With. The CC Is From 2003.

 

The Loan Is Also From 2003. They Have Sent me A Copy Of An Agreement. No Signatures, My Name And Address, The Apr, And Some T&C's. They Have Also Enclosed A Direct Debit Mandate, With My Signature On It. As The Actual Agreement Has No Signatures. Is This CCA Enforceable Or Not .

Lioyds Say That This Is All They Have To Supply, Not Originals.I Want To Send Them An Account In Dispute Letter But Need To Know If I Should Continue.

[rigbyp56]

hi, is there nobody out there who can help me, i am on the verge, everything seems hopeless.

please try and help. rigbyp56

[firstship]

Rigbyp56.Hi what a shame that LTSB credit Card are very busy send them account in dispute letter.

 

The Loan with the same LTSB they are correct they have complied with your CCA request a recon agreement + T&Cs are sufficient at this point in time,however they should have to supply the original should the case end up in court.Do not send them account in dispute letter,however write to them and state as you have chosen to send a reconstituted agreement,you are required to advise me where and how the original is kept and in what form(microfiche for example).

 

More important with both accounts is there PPI involved? are there charges involved,if so the can be reclaimed

 

FS

[rigbyp56]

thanks FS, firstly There Is No PPI, Both Of These Accounts Have Been In The Hands Of BLS Collections, (Loyds TSB) Since 2003, When I Sent Them The CCA, One Came Back

For Me To Send To Lloyds, And They Kept One, Delay Tactics I Think. Would They Tell Me Where They Kept The Original, I will Send Them The Letter You have Suggested.

But What Next, If They Dont Comply. rigbyp56

[firstship]

What about charges for example "late payments, those £12 they manage to add".They are required to tell you if they have and where the original agreement is kept

 

The credit card send the in dispute letter, did you CCA BLS collections or LTSB who ever you sent the CCA to send the in dispute letter,recorded delivery.

 

Please remember you only need pay what you can honestly afford to pay.

Are you paying BLS and if so what amount against what amount outstanding? When did you last make a payment?

 

Dependant on your answers, on what is the best move to make.

 

We can help with constructive advice just need a little more info

 

FS

[rigbyp56]

Hi FS, I Am Paying BLS £5, Off Each Account. Loan 17k, Card 4k, The Statement From LTSB Loan Only Goes Up To 2006, Card Nothing Sent, I Have Sent Them The Account In Dispute Letter.

I Have Sent BLS A Letter Requesting The Statements For The Years They Have Been Dealing With The Debt.

I Dont Know Whether They Have Put On Charges, In 2006 17644.32. In 2011 17359.04. Will Know More When BLS Get Back To Me.

My Last Payment Was Earlier This Month. rigbyp56

[firstship]

The account in dispute letter for the card is correct and you are within your rights whilst in dispute you can with hold payments.There are various views on this subject,I believe you should continue payments however small that is my own opinion.

 

From the statements you should get from BLS(they must send at least 1 statement each year) you work out if there are charges and interest,if as I guess they are adding interest,your first move is to get with luck 0% interest,can we wait until you have the statements.it will also show the exact balance outstanding,then you draft a letter out for each account

 

 

 

Do you think BLS have purchased the debts? I think they are only representing LTSB,

 

Just wait for responses to your CCA a/c in dispute letter and statements

 

FS

[rigbyp56]

Hi FS. yes Bls Are the In House Collection Company. I have fired Off the Letters, Will Sit And Wait. Then i will Let You Know What they Have Sent me.

Thanks For Your Help. rigbyp56.

[rigbyp56]

hi fs. how are you. well i have had a reply to my cca request from ltsb about my card. they are still sorry that they havent been in touch but they are busy.

i will put the letter up for you to read later. i wrote to them like you said about my loan, and asked them if my cca was on film like you said, heard nothing after the time limit i gave them

so i put the account in dispute. today they replied. i will put this letter up later as well. regards rigbyp56.

[rigbyp56]

hi FS. this is what was they sent in response to my cca request on my card.

 

Dear rigbyp56.

Thank you for your letter dated 1February 2011.

 

I am sorry for the delay in responding to your reqyest for documentation under section 78 of the

Consumer Credit Act 1974. Unfortunately, we have recently received a high volume of such requests,

but i can assure you that we will respond shortly to your request.

Further to this, we deny that we are in breach of the unfair relationship provisions of the Consumer Credit Act1974.

We do not consider that there are any circumstances during the sale of the credit card that would give rise to the existence

of an unfair relationship between us.

 

Turning to your query regarding harassment, please be advised that i have passed a copy of your

correspondence to the relevant department who will repond to you under seperate cover in due course.

given the contents of your letter, i am concerned that you may be obtaining advice as to your legal rights

from a third party or internet web site, which is incorrect. If followed, it is entirely possible that this willcause you to breach the terms of your agreement.

 

We are awre that until we respond, your agreement may be temporarily unenforceable. however,

this only means that the Bank would be unable to enforce a court judgement to oblige you to repay

your debt. It does not affect your legal obligation to make payments as required by your agreement.

You should therefore continue to make payments as usual during this time.

 

I must point out that the Office of Fair Trading (OFT) has recently issued a press release with

Ray Watson, Director of the OFT's Consumer Credit Group, stating "Consumers have a right to

information on debts they owe, but it is important that they realise that these sections of the Act

cannot be used to write off legitimately owed debts.

 

The OFT have also issued a reminder that even if an agreement was to become unenforceable ,

customers will still owe any outstanding money to the lender, interest and default charges can still be added to the loan and any failure to pay could effect their credit record.

additional details about both can be found at ; http://www.oft.gov.uk/shared_oft/business_leaflets/consumer _credit/OFT1266.pdf

 

I hope my response is acceptable to you, but if my response does not fully address your concerns,

please come back to me. If we're unable to resolve any ongoing concerns you'll be able to contact the Financial Ombudsman Service for help.

 

As long as you're happy with the way i've dealt with your complaint, there's no need for you to

reply to my letter. If i have'nt heard from you within eight weeks from the date of this letter I'll close my file.

 

yours sincerely ; LTSB

[rigbyp56]

well what do you think FS?

i will now put the reponse to my cca for my loan. this is

interesting.

 

Dear Rigbyp56.

 

Thank you for your letter dated 9 February in which you state that we have been unable to supply a copy of a signed loan agreement,

in line with your section 77 request of 25 January. For the avoidance of doubt, we have treated your letter as a complaint.

 

Our records show that when our Personal Loan Service Centre complied with your section 77 request on 29 January,

they explained at that point that by providing you with documents, we have satisfied our obligation to provide a copy

of the executed agreement under Section 77.

There is no requirement under the Consumer Credit Act to provide you with a copy of the Original signed agreement.

 

Unfortunately we have NOT BEEN ABLE TO LOCATE A COPY OF YOUR SIGNED AGREEMENT. Nevertheless

we have absolute confidence that the systems and processes that we had in place at the time your

agreement was entered into meant that the loan funds would not have been advanced without the

existence of a properly executed agreement. This means that we do not agree that the loan agreement between us

and is unenforceable or contravenes the Consumer Credit Act 1974 or any associated regulations and in the

circumstances you should continue to make payments under the agreement.

 

Should you seek a declaration from the court that the agreement is unenforceable (which is denied)

we will oppose your application and seek costs in doing so.

You have referred to the OFT Debt Collection Guidelines. We can confirm that we are aware of

these Guidelines and we are confident that we comply with their requirements at all times.

 

Turning to your allegations of harassment, it is the bank's obligation as a responsible lender to

advise customers as soon as reasonable that they are in arrears. The bank will give no undertaking

not to contact you to ask for payment, particulary as your alleged "dispute" is unfounded.

 

We fel that it's important that we contact customers to talk about their financial needs and that is why

we may ring you outside normal office hours. Because of this we may also try to contact you again

if we are unable to speak to you or we have been unable to reach an agreement.

 

I hope i have clarified matters for you, however, if you remain unhappy you can refer your

concerns to the Finacial Ombudsman Service. I have enclosed a leaflet which provides full

details of the service and how you can contact the Ombudsman. If you wish to refer your complaint

to the Ombudsman you must do so within six months from the date of this letter.

 

Please treat this as our final response.

Yours LTSB.

 

Well FS what do you think, i nedd all the help i can get. regards, rigbyp56

[firstship]

Rigby HI.My letter 3 in this thread concerning the loan,they sent a reconstituted agreement and T&Cs as it stands at present they have complied with CCA s77/78 as they have made clear to you in their letter.There are numerous instances in the lower courts where the fact they do not have a signed agreement is being ignored as long as they can prove money has been used by you and you have made payments that is sufficient for the OC to win the case.The rights and wrongs of this at present are the subject of long threads on this site.

 

Loan account make payments of what you can afford NO MORE,if they are not charging interest, good, if not use the fact that they cannot provide an agreement to suggest under the circumstances you will make payments as long as they help you by not charging interest.This is my opinion others may suggest a different course of action.

 

With regard to the Credit Card,their answer is standard and you are within your rights to put the account in dispute until such times that they produce an agreement or a recon agreement plus T&Cs.Their continued excuse they are busy is tough they had 14 days to produce something a letter of excuses does not qualify.

 

As you are unsure about charges etc send SAR letter to both to obtain statements which will show charges that can be reclaimed and reduce the amount of the debts outstanding

 

good luck FS

[rigbyp56]

thanks FS, will let you know what happens. rigbyp56

[rigbyp56]

hi FS, Just To Let you know They sent a signed cca for the cc Ah! Well. regards and thanks for your help. rigbyp56