Hi Howler Just been reading through your thread. I've not been on here for a while but thought i'd make a comeback All the letters you have been receiving are threats and threats only. The simple fact is that without an original signed (by you and lloyds) executed agreement then they haven't got a leg to stand on. A court cannot enforce payment unless this document was shown to them. As you have stated, you have done an SAR request to lloyds and they have a duty under that request to send you all original copies of any agreements they have with you. They have failed to send you your section 78 request and as such you are legally entitled to put your account in dispute. Section 127(3) states that without an original signed agreement a court cannot enforce the order.

Sillygirl, the OP had a loan of 9k. They have been paying 100 a month for five years so they still 'owe' 3k.Hope that didn't sound narky as wasn't meant to be!!

Thanks guys. This is not for me but a friend. He's been sent an absolutely terrible cca where you can't read anything and terms and cons have been printed on the reverse. He also has a loan with them and to be honest when he went the bank for help as he can't afford full repayments they just basically ushered him out of the door. Would just like to see what they have and in what form. Thanks again guys

When you do a sar to a bank do you just put your account number down or do you have to put credit card number and loan number aswell? First time i will have done one of these so want to get it right Thanks guys

Thanks Cerb. Will be in the post tomorrow!!!

Just a bit of help if that's ok please guys. I have cca'd Lloyds for a credit card debt (not mine but a friends). His situation changed a bit and could no longer afford the repayments. He went into branch to ask for help but got absolutely no joy whatsoever off them (hence my cca application to them). They have sent the usual reconstituted version of the executed agreement with no signature, terms and conditions and statement of account. The unusual thing is though that in the letter that come with it they have basically admitted to having no true signed agreement. 'We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement'. Just wondering what the next step should be here as i am obviously going to put the account in dispute, but i would like to use more than the template letter to do this as they have admitted to having no signed agreement. Any help or words to put in a letter greatly appreciated and thanks for reading!

Well done Mike!!!!! Don't think the picture of you on the bbc news website doe you justice though lol. It's about time the little guy wins for a change and hopefully there will be plenty more little guys winning after this outcome. Congrats... Andy

Ha ha. This is brilliant. About time the council get screwed. In my opinion they are too quick in passing these orders to the courts. Good video though!!!!

Thanks guys. The council have also asked for a personal meeting with me to discuss the whole affair face to face. Don't get me wrong here but i have spent countless hours on the internet, writing letters to the council and to the ombudsman and researching my rights to have got me this far. To be honest there where times after a long days work that i just couldn't be bothered to do any more and felt like giving in, but my conscience got the better of me. Again guys thanks very much for all your help and support and hope i can return the favour one day!!!!!!!!!

Here is a quick update as to the outcome of my complaint to the ombudsman. 1) The ombudsman has awarded me with £800 compensation for the hardship, bailiff visits and time and trouble in pursuing my complaint. 2) That the council changes the way it reviews each case of self employed income 3) The council offer me a full written apology for all the shortfalls in their assessment of the case 4) The council should send income/expenditure forms with their request for accounts at the same time. There where a few other things that the ombudsman had put but to be honest the relevant ones are above. The council have agreed to all of the proposals set out by the ombudsman, so it just goes to show that it is worth fighting if you believe you have been hard done by. Think this is a RESULT!!!! I would just like to thank everyone for their help and kindness in getting me through this. When money comes through i will be giving some to cag to keep this site going!!!!!!!

Thanks very much. Will give them a bell and see what happens!!!

Ps sorry about the late reply as my computer crashed yesterday!!!!!!

Are you saying that they should repair it then? I have a feeling though that when i phone them they will try to fob me off. Any legal jargon to throw at them would be nice if you could help me please. Thanks again

Hi all, need a bit of advice as to where i stand here please. As yet i haven't done anything about this as wanted some help first. I bought a telly from Currys three years ago. I paid £1000 for it. After six months the screen started getting shadows on it and so had to get the screen replaced. (Currys did this at no cost as it was still under guarantee). This last week i have noticed the screen has quite a big line that goes down the right hand side of the telly. I want this repaired as it is so annoying now that i have noticed it. By now you probably know what i am going to ask, what is my legal right to ask currys to do this for nothing? Is their anything in the sales of goods act to help me on this one? From what i have learned, a telly should have a 'lifetime' spam of between ten and fifteen years. I don't believe that a telly i paid £1000 for has served it's purpose as, as i have said, it has already had the screen replaced once already and now looks as though it needs another one. I have all reciepts for it ie when i bought it and when the screen got replaced. I would be very grateful for your feedback on this and thank you in advance for your help Thanks Andy

4O days for subject access request and they are working days

Sounds like good old BG to me. Those charming people in India!!!!!!!!

Will resend account in dispute letter as no cca recieved then. Not sent no door step callers letter yet as i will deal with that when the time comes!!!!! Thanks for the advice people

Sent account in dispute in late October. Are you saying i should send another one? Really confusing situation at the moment!!!

Hello people Just a quick one that i hope you can help me with. Sent off for a cca request in early October and never recieved the cca. Obviously i put the account in dispute and have heard nothing until a few days ago when i got a phone call off them. They asked why i haven't been making payments on the card, and i told them that because they haven't complied with my section 78 request i would not be making payment until they do. They claim to have sent it on the 12th October as that is what is says on their system. I have totally disputed this as firstly they have no evidence they sent it and secondly why has it taken them so long to get in touch? I haven't so much as had a letter off them. They say i have to send another request for a cca with another postal order and that the account is now not in dispute so will be adding interest and late payment charges to the account. This surely can't be right can it????? Any help much appreciated thanks

Send AIC a cca request also. Should shut them up for a while

Thanks Angrycat. Will send off a subject access request tomorrow. One more point though, i am not that desperate to find if they have an original agreement, it is just that they are threatening me with court action or a third party agency to collect the debt. They are trying (i think) to call my bluff and get me to pay without actually sending me an original agreement. Thanks again

Thanks for this. Would they have to send me an original copy of my cca with this request?

Thanks for that. I thought a CPR request cost a tenner postal order. Is their any letter i could send to them or just make my own one up. Again any help appreciated greatly

Ps they have sent me a default notice which i recieved today.

Hi guys Need a bit of help here please. Have sent for a copy of a cca off the Halifax and got the usual reconstituted agreement (no signature). I was now wondering how to go about getting the original agreement, the CPR 31.16 way (don't know if court proceedings have to be in to get this) or the subject access request way. If it is the latter, do they have to send a copy of the original agreement in original format with this nrequest or will they try fob me off with another reconstituted agreement again. Thanks for reading and hopefully helping