Lloyds TSB Credit Card Agreement

[hirsty07]

Hiya, just wondering if anyone can give me some much needed advice?

 

 

In June 2009 I took out a claim against Lloyds TSB for my credit card through an agency to supply me with my credit card agreement. I was told that if my creditor couldn't find my CCA then the debt could be written off.

 

In February 2010 still not really getting anywhere after many calls from myself I was told it was being passed onto an another agent called Total Care. The reason they gave that it was being passed on was that the law had changed and Monster Claim (who had dealt with it previously, couldn't handle this claim anymore). The process then started from scratch again, requesting from Lloyds my CCA. After the time requested for Lloyds to reply I was told they still hadn't sent anything and from July to November 2010 I was told that as they still hadn't had a reply from Lloyds they would then send default notices to them - after 3 which, the last one was issued apparently in early December 2010 they could then do something about it. I have been ringing every month to get this dealt with because of the huge interest being charged on a monthly basis.

 

I have rang Total Care today to be told that a letter was sent to me in mid December (which I have never received) telling me that my claim was unforcable. I have been on the telephone for at least 30 minutes today trying to find out why and they said because they have had sighting of the CCA that no further action would be taken towards Lloyds TSB??. I asked for a copy of the agreement and they said that because the claim was closed they had distroyed the agreement? If they had distroyed all my notes they still have me and my details on the system how can that be?.

 

They have told me that I should go back to the creditor for my CCA when it has taken 2 years of which I have paid for this service (and huge monthly interest) for them to tell me they have had sighting of this but they can't issue me with it.

 

I felt that I needed to start this link to get some advise as I feel that from the confidence that I have been getting from the agency in them saying that we will issue another default to then suddenly be told that mid December a letter has been sent saying it has been unforcable and they can't issue me with my agreement seems a little strange? I have had no proof that they have or haven't sent these default letters to Llyods.

 

I would appreciate any feedback asap that anyone can give me as they have given me another person for me to contact tomorrow and I want to know where I stand with what they have told me and there is any other action I can take before calling a close to play.

 

 

Many thanks

[silverfox1961]

Hi,

I do think this thread would be better placed in the Debt Collection forum Rather than the PPI forum.

 

I think you need to contact this company and get all the paperwork involved in this matter. I think a SAR would be needed as I have a feeling they won't be able to supply what you ask for.

 

I'll move your thread.

[Bazooka Boo]

I would definitely kick this Total Care company in to touch, they are doing NOTHING that you cannot do yourself, I hope you are not paying for their services? Or rather lack of them!

So monster claim failed and passed it onto Total Care? Well Total Care are failing also, so take it out of their grubby hands and get control of this.

[Tingy]

I'm with BB. No point doing an SAR - they've already proved they're useless and in two years have done less than you could have done yourself in 2 weeks.

 

Yes, ask for a copy of your CCA agreement using the letter below. The compnay have 12 +2 working days in which to respond. Mark the 14th working day after you send it in your diary. After this you can put the account into dispute if they fail to produce a CCA which means they cannot legally enforce the debt until the have the CCA and you do not have to make any payments until you receive the CCA.

 

If they do produce one, remove all personal details and post it up for us to look at re enforceability. We'll then take it from there. This is all the companies you've dealt with for two years have done so far - it takes 14 working days! Meanwhile, as you've only made one post, choose some threads that look interesting (maybe similar to your own situation) and just post subbing as your reply. Do this until you have 20 posts, otherwise you won't be able to post up any agreement they do send you (if they do).

 

Quite right to take charge of the situation, it can all be handled perfectly easily yourself with a bit of help which you'll get here!

 

CCA request letter.

 

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

 

 

Please amend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[silverfox1961]

My suggestion of a SAR was to send it to Total Care as it would be good to get evidence of what they said had been done (or not as I suspect)

[shammie]

Hi

 

The agents will have a consumer credit licence held with the OFT in order for them to trade legally and lloyds wouldnt deal with them without knowing their licence number. You need to complain to the OFT about this company and also the ICO about the data they hold or held on you. You are entotled to a copy of all correspondence to and from the bank and the agents to see what work was done on your behalf.

 

You may have to SAR both the agents and Lloyds. If the work you were entitled too has not been done then ask for your money back or pursue if through the county court. If Lloyds dont hold a signed CCA then it is unenforceable in law however they can still leave info with a CRA about your account

 

good luck