Does this Credit Agreement look correct ? Anybody please xx

[Mgj1]

Hi Everybody,
Please could anybody tell me whether a CCA would like like this attached ? This has come back from my CCA reuqest in letter before action.
i can’t understand why it is one page only and my signature is after term 9 but earlier in the terms it talks of term 17, Term 18 etc.
are they able to cut and paste just the parts they need into one document for court ? Or is this not classed as the full CCA for court ? Many thanks for all your help x

[charitynjw]

Hi MGJ1
Is that all they sent?
If so, they haven't complied fully with your CCA request.

[des8]

AS charitynjw they are required to send a true copy which includes all terms and conditions and any other documents referred to in the agreement.
A quick scan shows the heading starts "These are some of the terms & conditions......" and under the signature box it refers to ".....the enclosed
Lloyds TSB bank credit card conditions......"

You seem not to have a TRUE copy

[Mgj1]

Thankyou so much. I didn’t think so. They only sent that and a multi page document of transactions which they have typed.
I wasn’t sure if they only had to send certain terms and your signature, and so had cut and pasted that.

I now have this in a letter before claim, despite them telling me in a January it was unenforceable so either they have sent a further letter between Jan and now that I haven’t received or they are just going with this that took 18 months to arrive after the CCA req.

shall I tick the box which says requires further documents ? And shall I tell them the terms are missing or send above and another CCA to them in the same letter

thanks so much for all your help guys x

[charitynjw]

Thankyou so much. I didn’t think so. They only sent that and a multi page document of transactions which they have typed.
I wasn’t sure if they only had to send certain terms and your signature, and so had cut and pasted that.

I now have this in a letter before claim, despite them telling me in a January it was unenforceable so either they have sent a further letter between Jan and now that I haven’t received or they are just going with this that took 18 months to arrive after the CCA req.

shall I tick the box which says requires further documents ? And shall I tell them the terms are missing or send above and another CCA to them in the same letter

thanks so much for all your help guys x

If it were me I'd just ask for all the documents that they are going to rely on in court.
I wouldn't give them a heads-up on what is missing.

[Mgj1]

Thankyou for your advice so I’d just fill in the forms they have sent
ticking the requires further documents box and put a general comment “ that I am requesting all the documents that they will rely on in court “ ?

Thankyou so much for all your advice

@CHARITYNJW @amethyst
Diana M

[charitynjw]

If it were me:-
Tick box D (Dispute debt)
Tick box I & ask for full disclosure of all their evidence that they intend to use.
Also remind them that there is an ongoing duty to disclose any further evidence that might come to light.
Do not complete/return the I&E form.

[Mgj1]

charitynjw Thankyou so much I will do that

[Mgj1]

charitynjw Thankyou for your help in above post I did as you said and asked for them to send all they would rely on and to disclose any further evidence. Whilst that was in process I Sar req Lloyd’s Tsb for the Card they sent me only the page as above with “ some of the terms and conditions “ and I couldn’t see anything else in the pack they sent me relating to any of the other terms.
PRA have now wrote to me to say that “ at this moment in time Lloyd’s are unable to provide me with variations of the terms and conditions and as such we have classified your account as redeemably unenforceable.”

not sure if this means they can still pursue it they’d have put they are giving me 30 days to consider my next steps. As the account will open and contact resume.

[Mgj1]

As I have only received part of the Terms and Conditions ( 1 page inc signature) most are missing.
i have DSar lloyd Tsb they have only provided me with that page nothing more. Also in the DSAR Log Lloyd’s show PRA have contacted them on 24 April asking/ checking whether these are the only terms available - Lloyds have replied Yes.

so Lloyd’s don’t have all the terms of the agreement/ card does this mean PRA can re constitute these from general data of that time please ?? Thankyou for your help

[Mgj1]

charitynjw Amethyst Please could you help
me with this question ? Thankyou so much x

[charitynjw]

Hi

"Redeemably unenforceable"? Lol!
Until/unless they can comply with your CCA request...& that means fully comply....they cannot enforce.
Fingers crossed that Lloyds can't find the missing bits!

[Mgj1]

LLOyds in their log that I have from my SAR request show PRA asking a few weeks ago “ is this all you have regarding terms and conditions “ and Lloyd’s have answered “ Yes”.

does this mean they can reconstitute them from somebody else’s document around the same time and that would be fine ?
charitynjw Thanks for your help and advice