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CSL/Lloyds

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  • CSL/Lloyds

    Hi, CSL have been managing my Lloyds bank credit card debt since since 2015. As advised by Sarah (Debt Camel) I wrote to CSL requesting the CCA associated with this debt. This could not be produced by CSL. CSL also contacted Lloyds who wrote and told me that due to the length of time over six years they would not have kept any paper work and therefore could not produce the CCA.

    I was then informed by CSL that they had been in contact with their client Lloyds bank who had informed them that the debt is still enforceable even though they could not produce the CCA. I also received a letter from LLoyds bank complaints department on 6/2/24 following CSL reaching out to them informing me that because my complaint was over 9 years old from when I defaulted (2004) they did not have any information as they are only required to keep historic information for six years.

    Following this letter I was advised by Sara to send CSL a letter re ‘the FCA rule CONC 13.1.6

    “(1) Failure to comply with the provisions [by no supplying a tru copy of the Consumer Credit Act Agreement] means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
    (2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.”


    Yesterday I received a package form Lloyds bank after CSL got in contact with them following my letter. Basically I have received all information Lloyds held on my credit card account (DSAR). Their complaints department have been handling this and they have labelled it Debt Dispute/debt avoidance. I have looked through the paperwork and identified the following – copies of my recent letters to CSL/Lloyds and theirs to me, copies of conversation/ emails conversations between colleagues in Lloyds re my account, date credit card account opened (2004) date defaulted , date Lloyds transferred debt to CSL 2015, card holder guide 2009, list of payments to Lloyds, list of payments to CSL, personal details, credit card statements, notes between CSL and Lloyds. Looks like Lloyds still own debt and CSL have been managing the repayment. Comments in notes I have identified – internally Lloyds have advised account stays with CSL and recovery strategy will need to continue, ‘CSL are uncomfortable with this you can look to bring it to a case clinic’. This was documented on 8/4/24. The covering letter I received from Lloyds says ‘enclosed is the information you asked for based on what you have told us and your rights. Still no signed CCA.

    I informed Sara today of the above and she suggested I contacted you to find out if you can help me re where I stand re the CCA, and Lloyds involvement/stopping payment, are you able to advise? Thank you Pinkish
    Tags: None

  • #2
    Hi PINKISH

    Welcome to LB

    You've sent a CCA request, they haven't complied with your CCA request, so the account is 'unenforceable' until they do. They should tell you that is the case, they can't mislead you into believing it is 'enforceable'.

    I would stop payments. Lodge a formal complaint with CSL and Lloyd's follow their complaints procedure (that will be on their websites), if your not happy once they respond, then you can if you want make a complaint to the FOS. Tell CSL and Lloyds you're minded to lodge a complaint with the FCA as they are trying to mislead you.

    The FCA rule CONC 13.1.6

    “(1) Failure to comply with the provisions [by no supplying a tru copy of the Consumer Credit Act Agreement] means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
    (2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.”


    This is really interesting - 'Comments in notes I have identified – internally Lloyds have advised account stays with CSL and recovery strategy will need to continue, ‘CSL are uncomfortable with this you can look to bring it to a case clinic’. If part of the strategy is to mislead you and CSL are uncomfortable with that, I'd lodge a complaint with the FCA. I'm surprised that's in there.

    Comment


    • #3
      Thank you for this, re your comment 'really interesting' ..... 'it states 'IF CSL are uncomfortable with this" so what you are saying is that Lloyds don't really want to do this and are putting the onus on to CSL? Pinkish

      Comment


      • #4
        Originally posted by pinkish View Post
        Thank you for this, re your comment 'really interesting' ..... 'it states 'IF CSL are uncomfortable with this" so what you are saying is that Lloyds don't really want to do this and are putting the onus on to CSL? Pinkish
        Lloyds are saying 'it's enforceable' (although they haven't got a CCA), CSL know it's not without a CCA, that's why CSL are 'uncomfortable' saying it's 'enforceable' to you.

        Comment


        • #5
          Thank you for clarifying. Just so I can be clear on my strategy/way forward can I ask the following questions -
          Do I put in a formal complaint to CSL and to Lloyds?
          Do I wait until I get a response then decide whether I need to contact FOS and/or FCA?
          Can you point me in the direction of a template complaint letter or is tit hat I just give a time line to date and quote the above?

          Kind regards
          Pinkish

          Comment


          • #6
            a) Do I put in a formal complaint to CSL and to Lloyds?

            Yes, follow their complaints process.

            b) Do I wait until I get a response then decide whether I need to contact FOS and/or FCA?

            Yes.

            c) Can you point me in the direction of a template complaint letter or is tit hat I just give a time line to date and quote the above?

            You don't need a template. You state that you made a CCA request under the CCA 1974 ACT, they have failed to comply with your request, as such the account is 'unenforceable'. The FCA Rules state that if the account is 'unenforceable' they must tell you that is the case, they should not 'mislead' you and state that it is 'enforceable'.


            Failure to comply

            CONC 13.1.6
            1. (1)

              Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
            2. (2)

              In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
            https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

            Comment


            • #7
              Thank you for responding so promptly to my questions. I will submit complaint and no doubt update you with outome going forward. Your help is so very much appreciated. Pinkish

              Comment


              • #8
                Originally posted by pinkish View Post
                Thank you for responding so promptly to my questions. I will submit complaint and no doubt update you with outome going forward. Your help is so very much appreciated. Pinkish
                Make sure you quote the FCA (relevant bits).

                Comment

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