1st Credit / LloydsTSB & the solicitors

[stormo]

Hello reduk054, A cca request and an SAR are two sepearate requests.

 

The CCA is the 1974 statute which is to do with your rights under this act,in it for a fee of £1 you can request a copy of your true executed agreement (not application form) this is basically to prove that there is an agreement in existance.(or not)

 

The creditor or whoever is handling the alleged debt must prove that they have a right to collect alleged monies owed,they must supply this info in 12 working days plus a further 2 days for postage allowances, after this time the account is in dispute,then after a further 30 days they are committing a criminal offence for failing to supply your requested agreement in the time allowed

 

When i requested this myself i sent it recorded delivery so you have a paper trail and proof that you have requested the paperwork.

 

An SAR is a data protection act request to the original lender or finance house which for a fee of £10 must provide all details of your financial dealings with the comapny such as statements etc and if they have charged you any fees which may be now deemed unlawful and you can reclaim them back.

 

Hope i`ve provided you with the basics of your rights

 

Best regards S

[stormo]

Hello again reduk054, the consumer credit act 1974 is the legal request with your £1 fee,there is a template letter which states which part needs to be complied with,sorry havent got time as i`ve got to go to work in a minute

 

If they are really solicitors they should know your rights pretty poor if they dont,but thats what they are being paid for,sounds like another scare tactic to me for you to cough up unaware you can challenge them.

 

Remember no agreement no enforcable debt and without the agreement you signed in the first instance to be provided with the original credit contract cannot legally pursue you and ask for payment,they will have to do a Neville Chamberlin and wave your agreement at you also the pen is mightier than the sword

 

Regards S

[stormo]

Hello reduk054,firstly try not to worry about your course of action,as you are just claiming your rights under the various acts.

 

Also no you are not a wally,i`ll try to help fellow members if i can,i must state i`m not legally trained but will give my opion or views on financial matters mostly based on my experiences in dealing with DCa`s and such like.

 

Ok back to matters in hand,you CCA requested 1st credit on 9th April thats Bank holiday monday? so no post then so i`ll assume you posted it the day after being the 10th and the DCA office got it on the the 11th.

The clock starts ticking on the 12th so going on the 12 working days,the time will be up next friday being the 27th.

 

It just so happens tommorrow is my calendar month on one of my requests to a DCA and nothing but a couple of blustering letters with veiled threats,thats all no agreement so they have commited the criminal offence,and i will send off a letter to report them to the regulatory authorities.

 

With regards to lloyds the SAR should show you the amount of unlawful charges you may have on the account,you just have to wade through them and highlight these and then total them up,in some cases the charges potentially owed outweigh the alleged debt which is a role reversal them owing you .

 

Whether you get the CCA from lloyds, depends on the time thats gone by and how long they keep records for, but should be 6 years, from account closure and from what i`ve read on here with other cases whether lloyds do this, is for them and their record keeping methods so thats unknown at the moment.

 

Regards S

[stormo]

Hello reduk054,thanks for asking,i`m afraid Thames Credit and go and jump in the river off one of Londons famous bridges :grin:

 

They are well over their time limit,dont know whether to write to trading standards as i`ve got the result i`m looking for after paying this alleged debt for a number of years,i assume its best to write to DCA`s local trading standards office but might let as mentioned sleeping dogs lie

 

Has anyone received any feedback when this has happened?

I`d be interested if your reporting of non compliance To the relevant bodies has made any difference to your own situation,but doesnt excuse the DCA for pursuing you with out backing it up with the paperwork.

 

What makes me fume is they should have had the paperwork to start with but when you dont know your rights how can you challenge them.

 

I`ve personally no moral scruples about doing this if you have whats the point just my 2 euros worth

 

S

[stormo]

Hello reduk054 sorry didnt have time earlier had to go out to work no dont live in Ireland but good old blighty

 

I`ve asked about the payments made to Thames but having not produced the agreement i cant claim anything as far as i know.

 

Any payments made would deemed to have been made "voluntarily" so i`ve been informed,glad to say that its now unenforcable as all the deadlines have passed ,the thing is i am certain the agreement wont be produced any time soon

 

Thanks for the link BTW

 

Regards S