Lloyds bank loan CCA Request returned, but is this good news....?

[big blue one]

Hi, I recently requested a copy of my loan CCA from Lloyds as I had a feeling that they dont have it:smile:.

 

So I received a letter back from them saying,

 

"We have received your request and here is a copy of your cca blah blah blah, Dont go through any claims management companies blah blah blah..."

 

Im sure you know thje letter. Anyway, sure enough they sent a copy of my CCA for my £25000 loan, however, the CCA had no signatures.... as I knew it would.8-)

 

so, my question, does this mean it's unenforceable as I am hoping...?

[dx100uk]

the days of a 'paperwork' error, negating a loan are now long gone

 

if it can be proved there is a clear financial link you had better find another method.

 

tell us the story or have you already a running thread.

 

dx

[big blue one]

that is pretty much the story so far. so even though I never signed the paperwork, it will still stand? is there a second letter I need to send to them?

[big blue one]

any more on this?

[dx100uk]

tell us the debt history please

 

dx

[big blue one]

basically a loan taken out to refinance some debts on their advice, however money paid off debts but I still had my signed copy. so they've sent me a cca copy with no sigs.

 

would this letter not be applicable?...

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

 

You have failed to comply with my request, and as such you entered into default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement. 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 are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

 

This time limit has expired.

 

As you are no doubt aware sections 77/78 state:

 

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.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[dx100uk]

yes ok

 

but as you have pointed out

 

you did have the money - there is a clear financial link between you

 

since rankines and other court cases - trying to get a debt written off because of a 'paperwork' error is no longer possible

 

have you investigated reclaiming [on the old loans as well]

 

please tell us the history as if debt avoidance is all you are after here - thats not what we are for.

 

dx

[big blue one]

basically a loan taken out in joint names due to my credit history to bail out the soon to be ex wife, but she has now decided she isnt going to pay anymore, and I cant afford it on my own. I knew it wasn't signed cos I didn't sign it.

[dx100uk]

seem slightly confused here.......

 

you took out a loan in joint names to pay off your ex-wife because you could not get credit, but the ex-wife was paying it...

 

cant see why you had to get involved in it at all then.

 

p'haps time to write and say the loan is only in 'name' to me i signed no agreement nor was asked to sign an agreement.

 

not my debt.

 

dx

[big blue one]

No, took out a loan in joint when together to pay her debts, needed me on there due to the amount of credit she already had. Have now split up. Sorry for confusion