Lloyds Terms and Conditions

[barney47]

I have an old Lloyds loan from 17 years ago which I have recently stopped paying, there is around 4.5K owing, I defaulted on this 10 years ago and have been paying Lloyds on reduced payments.
Lloyds passed this debt onto Wescot recently who I totally ignored, they have now passed it onto Moorcroft who I am also ignoring, Moorcroft have since threatened me with doorstep collection!!........here's the question.

I sent a SAR request followed by a CCA request to Lloyds and they sent a load of stuff back relating to the account, they sent a covering letter saying they have included the banks Generic Terms and Conditions and that it satisfies my request for information regarding the current CCA laws.......can Lloyds get away with this or do the Terms and Conditions have to relate to the original loan at the time it was taken out and any amendments over the years?

Thanks in advance!

[charitynjw]

Re: Lloyds Terms and Conditions

Hi barney47

A SAR is for disclosure of data which can identify you as a living person.
If the T&Cs are separate to the agreement, they would not be applicable to a DPA request.

But for the CCA request, they do need to send the T&Cs as applicable when the agreement was signed, plus any variations since then.

[barney47]

Re: Lloyds Terms and Conditions

Hi thanks for that,

The Terms and Conditions they sent with the CCA request are just generic which they admit to in the letter which came with it, they said they do not have to supply the original T&C's pertaining to the loan and they will not enter into any further correspondence on the matter!!

[charitynjw]

Re: Lloyds Terms and Conditions

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

(1)

The creditor under a regulated agreement for fixed-sum 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,—

http://www.legislation.gov.uk/ukpga/1974/39/section/77

Any other document etc must refer, among other things, to the T&Cs at the time of the agreement.

[barney47]

Re: Lloyds Terms and Conditions

Can I take it that this debt is unenforceable without the correct T's&C's?

[charitynjw]

Re: Lloyds Terms and Conditions

(4)

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

From same link as above

[barney47]

Re: Lloyds Terms and Conditions

Thankyou