LLoyds Failed Card CCA request - now default notice on my file.

[BreadAndButter]

Hi guys

I'm hoping some of you may be able to help me to properly draft a letter to LLoyds TSB.

I've included below my very rough draft which includes all of the necessary info about my particular case.

 

Am furious as have followed the proper protocol for CCA request,

sent them default notice,

even called them to remind them,

advised as to why no further payment etc

and i've had no response whatsoever back from them in return.

 

then out of the blue i get a default notice!

 

need to fight this as don't want my file ruined illegally by their incompetance! i'm sure other people will have been treated similarly bu creditors so hopefully this post can help them too.

 

Am appealing to anyone who may be able to help me quote the right sections of the act regarding agreements/ not defaulting when in dispute and data management.

 

Any/ all help gratefully received!

 

 

this is my very rough draft:

 

THIS ACCOUNT IS IN DISPUTE. I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

I am writing to you regarding the gross mishandling of an alleged credit card account held with your bank.

Please treat this letter with the utmost urgency.

 

A Consumer Credit Act 1974 request under Section 77 and 78 for a true copy of an executed credit agreement relating to the above account, dated 17th October 2007, was sent by recorded delivery to your offices and signed for by Mandy Anderson at 7:15am on 22nd October 2007.

A postal order for the statutory £1 fee was enclosed.

 

The Act allows 14 working days for this to be sent, with failure to do so resulting in a default of this request.

This occurred on 7th November 2007.

 

The Act allows a further 30 days for a creditor to provide the agreement after which they commit a criminal offence and the alleged account becomes unenforceable at law until such an agreement is produced. L

 

loyds TSB Bank Plc defaulted on my request and it became unenforceable on 7th December 2007.

The request was not only defaulted on but entirely ignored, despite my sending a further letter notifying you of your default, enclosing a copy of the original request and reminding you of the criminal deadline approaching.

 

This was signed for at your offices by Mandy Anderson at 7:10 am on 3rd December 2007.

Interestingly the postal order for £1 (sent with my original request letter) was processed and wrongly added to the above account as a payment on this same date.

 

As a result of the above request and complete lack of response on Llloyds TSB's part, the account remained in the highest levels of dispute, and does to this day.

I have spent numerous hours on the phone to both your Collections Centre and Customer Service Call Centres who have been completely uninformed of the above.

Despite my taking the time to dictate the above in order that a copy should be on their system, I have still received no response from you.

 

As the account is now unenforceable at law (effective 7th December 2007), I was stunned to receive a default notice relating to the above account dated 29th January 2008 quoting the Consumer Credit Act 1974.

Quite clearly this is entirely illegal as a default notice cannot be issued whilst an account is in dispute, particularly an account that is unenforceable at law!

 

Further, upon receipt of this default notice on 31st January 2008, I called the telephone number given on your website under Complaints Procedure.

This took me straight through to Collections who told me to call Customer Services, who informed me I could not make a complaint via telephone!

 

I persisted and was put through to Stephen Fernandes whom I was told is your Collections Manager.

After explaining the situation to him I was told that a copy of a signed agreement plus terms and conditions was being sent out to me.

To date I have received NOTHING from Lloyds TSB ackowledging my request, and certainly no copies of an executed agreement.

 

I am appalled by the complete disregard for my legal request under the Consumer Credit Act 1974, and for the guidleines set out by the OFT for managing complaints, that has been demonstrated to me throughout this process.

 

I require from you with immediate effect a removal of the default entered by Lloyds TSB Bank Plc on my credit file.

Please note this is a complete removal, not merely an amendment.

 

Additionally all processing of my data my your organisation must cease and I look forward to hearing from you with a suggestion as to appropriate compensation for the gross mishandling of my data in this matter.

 

Failure to take the above action will result in my passing this information to the relevant authorities including, but not limited to, the OFT; the Information Commissioners Office; Trading Standards; the FSA and my local MP.

 

[BreadAndButter]

anyone?

[42man]

Take a look at this thread here for starters as getting the default removed MAY only be possible through the courts...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/111844-another-cabot-court-case.html?highlight=cabot

 

Some info from the OFT website....which highlights the sharp practices including passing the debt on whilst in dispute...

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

And this may help you from the Consumer Credit Act....although this is mainly used on the enforcability of the debt as opposed to getting the default removed (which as mentioned above may only be done via the courts)

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

 

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

 

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement; and

 

(b)

if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[42man]

I would ring Consumer Direct too....

 

As one guy seems to be progressing it via Trading Standards.....see this thread too..

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/130726-mbna-no-cca-nasty.html?highlight=bobby

[BreadAndButter]

thanks or the above

just really want to nip this in the bud as soon as possible, peferably without having to go thru the courts

 

called Consumer Direct but they said it was probably somthing for the FOS to look at it. My local TS office doesn't deal with consumer advice so she said they prob wont get back to me.

 

Called FOS who said - under duress - would make complaint direct to lloyds tsb for me but that actually they don't chase paperowrk and don't get involved unless it's a financial complaint etc etc need to write to bank then wait 8 weeks and i presume it magically becomes a financial complaint at that point.

am wanting to write to the bank as above but want to make sure i'm expressing myself properly

would like to put the wind up them so that they sort it themselves really rather than having to go through the courts.

will have a go at re-writing the letter again today including some of the above info but still feel like i'm wandering inte dark

any further assistance much needed/ appreciated!!

thanks

[42man]

It seems they don't want to take ownership of something that is written is statute, which is pretty appalling, It should be the trading standards that are nearest to Lloyds TSB that should take ownership not your own !!...banks are an entity unto themselves Pete, my view is that you would have to drag them through the courts or try writing to the Chairman of Lloyds TSB making your complaint....he won't like reading your letter, but you can be guaranteed that it will be acted upon (send it by recorded delivery and mark it private and confidential)...I was always taught to take a complaint directly to the top and if I got passed down the chain then so be it....I sent a nasty letter to the Chairman of British Gas when they sent me a bill for £1,400 needless to say the attention I got was astounding and the bill was turned to £260 !!!

 

I think it is Sir Victor Blank

Chairman

Lloyds TSB Bank

71 Lombard Street London EC 3BS

[BreadAndButter]

like your style 412man!

still, makes me want to make even more certain i'm not misquoting things...

[42man]

I think your letter at the top is excellent....send that to Sir Victor...

[42man]

Might also be worth having a chat with your MP too....

[BreadAndButter]

well here's an interesting twist to the tale....

received a letter today from a 'senior customer service advisor' - whatever that means - but it's clearly a follow up to my phone call where i asked them to finally respond to my CCA

anyway,it reads:

 

"thank you for your recent enquiry regarding the above account number.

unfortunately the original application form for the above account is unavailable.

i have requested it twice and both times have been advised that this is the case.

i am sorry that i could not help further in this instance.

if you have any additional queries please call our helpdesk on the number above."

 

i must confess i did a minor victory dance when i received this. so all in all they've defaulted and passed the criminal offence deadline then after a further 2 months have said they don't have my application form - note it says application, not agreement - altho i think they consider them one and the same.

 

am going to now write to them all guns blazing to get the default removed and the debt wiped. non-enforceable = non-payment

and they can cease ALL data processing with credit ref agencies too as they clearly have nothing from me permitting such processing.

am i celebrating a tad too early or is this really good news??

[angel_1]

hello rugbypete

 

any chance of an update on this pls,

 

im in a very similar position and wondered if you have moved this and got the default removed or can you give us all a bit of news please

 

many thanks and wishing you happy holidays and lucky 2009

 

laters angel x

[angel_1]

bumping up

 

hope you are well Rugbypete

 

when next on hope you have a little time to give an update

 

take care

 

laters angel x

[sanrhythm]

i would stongly advice that you sign membership with any one credit reference incase!!!

 

send following if you see any miss payment after while cca dispute

 

you may need to fine tune this letter

 

 

 

Dear Shark Devil

 

 

I am writing to you in respect information on my credit file with Experian, attached copy of the information which Experian holds, it shows number of status write detal as on credit file and same

 

As this account is in serious dispute and has been since DATE

 

In my letter dated xx xx xx I wrote “you cease processing any data in relation to this account with immediate effect”

 

Not only is this a breach of OFT guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

Statutory time period allowed has elapsed, and not only you are in default in relation to CCA 1974, but as of DATE XX XX XX you have committed a criminal offence.

Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

This includes, but is not limited to, the following:

• You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.

• You may not add any further interest or charges to this account.

• You may not pass this alleged account to any third party.

• You may not register any information in respect of this alleged account with any of the credit reference agencies.

• You may not issue a default notice related to this account.

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defense at law.

 

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

This is quite clear savagely prejudice, you and Experian have statutory duty to insure that personal data about myself, which you are holding is accurate, see data protection act 1998.

Furthermore, BANK NAME lending money to consumers have further obligation in respect of the consumer credit act 1974. Part of the obligation required is to run your business of supplying consumer credit properly.

The glaring error in your records leads me to have grave concern whether the company is being run properly.

 

To satisfy me, I require the following:

1. An explanation of how the error occurred in the first place.

2. Apologies to the errors

3. Confirmation that you have corrected your errors and made sure that Experian has done the same.

4. Confirm that you will compensate me for losses caused.

 

I look forward to hear from you within 10 days.

 

 

Yours Sincerely

 

 

Anxiety