@asklloydsbank Lloyds TSB - Unauthorised changes to CCA

[Kaarejen]

Hello,

I have been looking over my mothers accounts because she couldn't understand why her debit card had such a high APR. She insisted that the APR was a fixed rate of about 12% when she took out the card, now it is 32%. She has not signed or agreed to the amended CCA. She does not hold the original CCA. The bank sent out a "reconstituted" CCA that states the credit card rates may change at any time. TSB have stated they will not produce the original CCA and that they will only give a reconstituted agreement. Can she dispute this? Can she reclaim the money that has wrongly been taken from her? How can she force them to produce the original agreement that bears her signature so that we can prove what they have done?

 

Regards,

Kaarejen

[citizenB]

Do you have any historic statements on this account ? It was/is LTSB's practice to put "notices" on the statements. Needless to say, most people never bother to read the small print, believing anything of importance would either be sent by letter or at least made more obvious than "small print" hidden away.

 

It might be a good idea for you/your mother to send a Subject Access Request, a draft letter can be found in the CAG library, linked at the top of each screen. In particular you want statements from inception, historic terms and conditions and notices of interest rate increases.. but there are other things already in the draft letter that you will require, such as the communications log. Which is basically a diary of events and might even log when increase rates were applied and how they informed of these.

 

Sadly, LTSB will generaly state that they do not have anything older than 6 years.. so if your Mother's account is older then you are going to end up missing a lot of information. At least what you do receive should give some indication of the way the account was managed by LTSB.

 

For s78 purposes (under the CCA1974 act) you should have received either the original or a reconstituted agreement/application form. The terms and conditions provided at inception and any variations, plus a statement of account.

 

The above is acceptable for s78 purposes but should any litigation be taken, then they might well have to provide more information. You will be unlikely to receive the agreement by way of a Subject Access request.

 

The SAR will cost you £10.00 and the bank have 40 calendar days in which to comply.

 

Your Mother should have been given the opportunity to accept any increased rate or to cancel the account and clear the balance at the old rate, so if they havent given her that opportunity, then she has perhaps been treated unfairly and you could possibly take some action.

 

HTH