Lloyds Bank credit cards

[filrobbo]

That is true sorry they can produce a made up copy of t/ c when you opened the card account .but not sure of what date it started.

Edited August 30, 2013 by filrobbo

[unclebulgaria67]

I don't know where this 2002 date comes from. Yes they need to supply a true copy of the original.

[filrobbo]

unclebulgaria67 sorry I must of got that wrong I thought they could use a made up copy

[unclebulgaria67]

To clarify

 

CCA request can be a reconstituted version provided it contains accurate information that would have been present in the original CCA. I think there was some talk that DCA's or creditors could send any information to comply with the CCA request, but I think the current requirement is that any reconstituted version must contain all the same information, as if it were the original CCA.

 

For any court claim, they would need the original CCA, plus full details of all changes during the time the card account was held.

[mikesmotor]

I believe that s78 was altered in May 1985 to take account of the fact that original documents may no longer be available but, as you say, the concocted document must still contain all the details of the original agreement.

 

Some less scrupulous organizations (LTSB) are using that as an excuse for not supplying any documents, copies or otherwise, in the hope that they can get away with the fact that a true credit agreement was never made.

 

Just a point, although Ltsb have never provided documentation to me they still are holding my fee!

 

Mike

[mikesmotor]

I've posted this once before but I think it led to some confusion.

 

 

I have recently sent a CCA request for a copy of the agreement for a credit card I took out with TSB

before they became part of the Lloyds banking group.

 

 

A reply came stating that because the card was taken out before 19th May 1985

they don't have to supply a copy of this agreement.

 

 

I know this date has something to do with the supply of terms and conditions

but I am sure it has nothing to with the credit agreement itself.

 

 

Has anybody any info that might shed some light on this.

 

Regards

Mike

[renegadeimp]

Yes they do. If they can't find one bthen don't pay them.

[mikesmotor]

I presume you mean that they do have to supply a copy of the agreement.

 

Mike

[theoldrouge]

s78 came into force on 19.5.1985.

 

Schedule 3 of the 1974 act states that s.78 applies to an agreement made before 19.5.1985 where the agreement would have been regulated agreement if made on that day.

 

As such under regulation 9 of the copy documents regulations specifies that in the case of an agreement made before 19.5.1985 it is sufficient to supply a copy of the current terms ,

 

this then acts as a true copy.

 

we are talking here about the requirements for a s78 reply only, not for court enforcement

[mikesmotor]

What about the need to supply a copy of the agreement if one exists

Mike

[theoldrouge]

we are talking s78 only not s61/65 127(3)

 

in order to fulfill their requirements under s78

 

the current terms will meet this obligation

[mikesmotor]

I've just received a reply from Lloyds Bank stating that they have case law (Carey v HSBC 2009 EWHC 3417 QB) which says that they are not obliged to provide a true copy of the aggreement as per s77 of the CCA 1974. Does anybody have any knowledge of this case and its implications.

 

Regards

Mike

[theoldrouge]

Nothing to do with Carey pre 19/5/1985 as above

[mikesmotor]

What do you mean 'nothing to do with Carey pre 19/5/1985'!

[theoldrouge]

For accounts started prior to 19/5/1985 as per post no4 as above

 

Carey case not relevant

[mikesmotor]

Interesting as I've just found a transcript of the judges summary of this case and it would appear that the creditor can discharge their duty by supplying a 'reconstituted' copy of the executed aggreement but it still has to be an executed agreement and they still have to supply it or refund the fee paid.

 

Mike

[SabreSheep]

Yup.

 

also to enforce it in court the original must me presented

[mikesmotor]

I've just received from Lloyds a default notice for this credit card that has entered default as they have not supplied me with a copy of the agreement or refunded my fee. Should I just ignore this or write a reply. Any info would be helpful as I have not come across this before.

 

Regards

Mike

[mikesmotor]

About five years ago I out a request for a copy of a so called  credit agreement for a card I held.

As they did not provide these documents (mainly because I never signed one) I wrote to them saying the matter is now in serious dispute.

 

Just recently I was contacted by an organisation called CSL based i Whitechurch Bucks.

Since then Lloyds have re-contacted me saying that because the credit card was taken out before 19th May 1985 they did not have to supply these documents and, as such, they have returned my fee of £1.00 plus £100.00 compensation.

 

My enquiry is, are they right in the date they have quoted and what should I do about the cheque

(I suppose the obvious thing to do is cash it but would I be admitting to anything if I did).

 

Many thanks for any help

 

Mikesmotor

[dx100uk]

merged to the existing thread on this card.

 

when was the last time you paid this mike?
 

[mikesmotor]

It would have been just before I applied for the copy of the credit agreement November 2014

[dx100uk]

So not too long to go till sb date.

Sit on your hands

 

 

[mikesmotor]

I was probably going to do this anyway but what do you think I should do about the cheque, bank it or rip it up, the difficulty is it contains the refund of my fee for the documents.

[mikesmotor]

P.S. What does SB exactly mean?

[AndyOrch]

Statute Barred...<click the word

 

With regards to the cheque...open up another basic bank account not associated to LB

 

Andy