Lloyds Bank credit cards

[mikesmotor]

Hi All

 

I would be intereseted in opinions on this one.

 

My wife made a CCA section 78 request some three weeks ago, we sentin the follow up letter. She has now recieved a reply stating that because the aggreement was made pior to 19th May 1985 Lloyds is not obliged to send a copy of the aggreement. I suspect its an excuse because they can't produce one but I would be interested in any comments.

 

Regards

 

Mike

[BRIGADIER2JCS]

Hi Mike I believe that it's because they keep records fo 6 years after an account

is closed and cannot retain data for longer.

Is the account still active???

 

Just taken a look the balance of the legislation in CCA 1974 was not put into

use until 18/05/1985 and agreements pprior to that were not sbject to the

updated legislation.

[mikesmotor]

Hi Brig

 

Yes the account is still active although I doubt that it is as old as they say.

 

Regards

 

Mike

[BRIGADIER2JCS]

Is the account in ''good order''?

[mikesmotor]

Inasmuch as we have paid regularly for at least the past five or six years then yes howver, they seem to be saying that they do not have to supply us with a copy of the aggreement but they are looking for one anyway. Are you saying that even if there is no aggreemnt in the conventional sense they can still enforce it!

[BRIGADIER2JCS]

I would guess that as your partner has accepted liability

and has been paying the account, then yes they probably

could enforce it.

 

I take it that this no longer on her credit files??

Was the account defaulted with a large balance??

[dx100uk]

the question must be asked is why are you tryng for a cca anyway?

[mikesmotor]

I don't know about defaulted but Lloyds used the term "charged off" whatever that means!

[mikesmotor]

WE are questioning their interest charging rates and they will not give us any answers.

[dx100uk]

then if you've not got all the statements wont an SAR help?

 

oh and if its been charged off that means its been sold.

 

so you're paying who?

 

tell us the full history please

 

dx

[mikesmotor]

AS I see it Lloyds TSB cannot tell us when the account was openned,

they cannot provide a copy of the credit aggreement

they are using this as a ploy and the "charged off" statement is such an example

 

we are paying Lloys TSB in line with regular monthly statements.

 

I might add we have had major issues with this shower dating back to 2006

and this is when we threatend to take out a CCA section 78 request then.

 

As I said in my latest corresspondence "enough is enough".

[dx100uk]

cant see the point of a CCA if you've paid all these years

it wont make the debt go away even if they dont have one.

 

i agree there is something a miss here.

 

however without the history we cannot really comment./

 

dx

[BRIGADIER2JCS]

This is a pre May 1985 agreement when the balance of the CCA

1974 legislation was formally admitted in to law, there's quite

a lot of confusion and argument on what should/can be requested.

[mikesmotor]

If it is a pre May 1985 aggreement, that fact has yet to be proved

[BRIGADIER2JCS]

I guess they will be working on the sequence of account numbers

to arrive at this date.

[mikesmotor]

This thread seems to be detracting from the original question. It has raised some useful information but, at the end of the day it is down to the originators to prove validity. On enidence there is too much discrepency and I feel validated in asking for a CCA s 78 request bearing in mind the origintors history in this matter. I thank all conributors for their input and I take onboard all advice however I will play the situation as it becomes apparent over the coming weeks.

 

Regards

 

Mike

[BRIGADIER2JCS]

This situation has similarities to the April 2007 changes in the CCA 1974,

where agreements prior to this date were not covered by the newly enacted

sections.

[mikesmotor]

I hope that somebody can clarify an issue regarding the CCA s77/78.

I have a dispute with Lloyds TSB being dealt with by Wescots.

 

They claim that the account was opened on 27th May 2002 and therefore they are not obliged to send a copy of the credit agreement.

 

Can anyone give an opinion on this not withstanding that Lloyds TSB seem to be contradicting themselves as to the dates the account was opened.

 

Regards

 

Mike

[unclebulgaria67]

Was the Lloyds/TSB account a credit account?

When you applied for the account, what did the application form say you were signing up for in terms of the law that applied ?

The CCA does not apply to bank accounts as such.

[mikesmotor]

This was a credit card account.

 

Mike

[unclebulgaria67]

So Westcot have made a mistake in rejecting the CCA request and you need to submit a complaint to them.

 

I think someone at Wescot thought the debt was for a bank account.

[mikesmotor]

No this was an answer received by Wescot from Lloyds TSB. An original request was made to Lloyds but they claim that this was never received. I have since furnished proof that it was received and this is by way of Lloyds trying to get out of their resposibilities.

 

Mike

[unclebulgaria67]

What happened to the £1 fee that was sent ?

Is there a way of checking whether this was cashed ?

If not, although you can evidence LTSB received the CCA request, I am not certain it takes you forward.

 

You could reaffirm that the account is in dispute while the CCA request is outstanding, confirming that you have proof that LTSB received the CCA request and failed to respond.

 

Suggest to Wescot that they act on the CCA request to remedy the dispute, as a sensible way forward.

It would be pretty stupid for Wescot not to do this.

[dx100uk]

is this your wifes one from 1995 reared its head again as per your other thread last year?

 

dx

[mikesmotor]

Before this goes in too many directions I would just like to confirm that LTSB are incorrect in saying that they do not have to produce a true copy of the credit agreement because of the 2002 start date.

 

Mike