CCA Request

[chris260483]

Hi,

I requested Lloyds tsb to send me a copy of my credit card agreement and im confused by what i received and need some help please.

Their letter says the following -

I write in response to your request for a copy of your consumer credit agreement under section 78 of the Consumer Credit Act 1974 (CCA)

I have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original SIGNED agreement. We Are endeavouring to loacate the copy of your signed agreement but please be assured we would not have opened a credit card account without having sight os a signed agreement. For the avoidence of any doubt, we have set out in the appendix to this letter your rights under section 78.

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.

it then goes on to say the OFT has recently issued a press release etc

with this letter the sent me - Lloyds TSB asset, Gold and Platinum credit card terms and conditions

and for some reason

a statement of an old loan i had with them which had nothing to do with the credit card.

so i have no agreement from them just terms and conditions. Nothing with my sig on and nothing which even looks to me like a credit card agreement.

Any advice??

cheers

[labman]

Re: CCA Request

As long as the details are correct, there is no prescribed form for them to present it to you in - they are perfectly entitled to reconstitute (refabricate) it from details they have about you. It does not have to have your signature.

The statement of account must relate to your credit card, and the T&C's must be those which were in force at the time you took out your agreement. If they are anything other than this, they have not complied with your request.

Hope this clears things up a bit for you. :beagle:

[chris260483]

Re: CCA Request

so do they only have to produce a statement of account & t&c's of which were in force at the time?

i have informed them they have not complied and have sent me a statement relation to a different account.

Cheers

[FlamingParrot]

Re: CCA Request

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.

Satisfying their obligation under s.78 doesn't automatically make the agreement enforceable. :nono: In this well known case: http://www.bbc.co.uk/news/business-17670803 the defendant 'lost' on the s.78 compliance argument as the judge found the claimant had complied: http://www.watsonssolicitors.co.uk/santander.html

The Defendant sent an entirely disingenuous reply on 4th February alleging that she had received information for the wrong account. She claimed that she needed information for account 5413613010473940 not the information she had been sent which related to account 6356505552255858. Her evidence was that she had kept the original agreement and a moment’s checking would have revealed to her that the 6356 number related to her original account. In my judgment the Claimant complied with the section 78 request within the stipulated time and is not prevented from enforcing this debt for non-compliance with a section 78
request.

Despite the above, it was an overall win for the defendant. :high5: :high5:

with this letter the sent me - Lloyds TSB asset, Gold and Platinum credit card terms and conditions

and for some reason a statement of an old loan i had with them which had nothing to do with the credit card.

so i have no agreement from them just terms and conditions. Nothing with my sig on and nothing which even looks to me like a credit card agreement.

As Labman said above, they can satisfy a s.78 request by sending a reconstituted copy of the agreement, which they are entitled to do after Judge Waksman's judgment in Carey v HSBC.

You may also want to look at this for reference: http://paulatwatsonssolicitors.wordp...t-arose-today/

It all depends on what they've actually sent you, it would be good if you could scan or take a picture of the documents you've received hoto: and post them up, after removing your personal details. :typing:

Do bear in mind that, if you applied online on or after 2005, a tick box fulfills the role of a signature and all the creditor would have to supply is a printout of the terms you would have agreed to at the time you submitted the application, there would have been no need for a signed agreement.

Have you any idea of the year you took out this card and how you applied for it? :confused2:

[Bill-K]

Re: CCA Request

If you didn't specify what account you were applying for a CCA s.77-79 in connection with, then what you received is probably what you deserved, Chris !!!

Seriously, though - you need to specify the actual account with such a request - and it will cost you a quid per account !

Data Subject Access Requests are a different matter, however. They cost £10, but are related to you as a person (the 'Data Subject')

[labman]

Re: CCA Request

Hi,

I requested Lloyds tsb to send me a copy of my credit card agreement

If you didn't specify what account you were applying for a CCA s.77-79 in connection with, then what you received is probably what you deserved, Chris !!!

I think he did specifiy the account, judging from the above quotation.

Data Subject Access Requests are a different matter, however. They cost £10, but are related to you as a person (the 'Data Subject')

They are a very different matter, as they serve an entirely different purpose to a s78 request. :beagle:

[chris260483]

Re: CCA Request

bill, yeah i specified this account and have since requested an sar of which i am awaiting.

i will scan the documents on here if i can work out how to do it

cheers

[labman]

Re: CCA Request

i will scan the documents on here if i can work out how to do it

cheers

From memory:

Save documents onto your computer - Click 'Post Reply' - At bottom of box is option to 'Go Advanced' - Click and in top box, browse to document, double click and it will appear in the box that said 'Browse.'

Next click 'Upload' and wait and wait and wait until eventually the document disappears from that box. Repeat for other documents. Click 'Submit Reply' and your attachments will be there.

[chris260483]

Re: CCA Request

posting

[chris260483]

Re: CCA Request

more docs

[chris260483]

Re: CCA Request

last one

[chris260483]

Re: CCA Request

the reason im checking the cca is im considering making them a F&F offer on the debt, its been in default since 2009 so comes off my credit file in 2 years. But i dont know how differently it will effect my CR if i pay it in full or pay a F & F. i suppose the damage has already been done with the default so i should just do F & F offer?

[FlamingParrot]

Re: CCA Request

the reason im checking the cca is im considering making them a F&F offer on the debt, its been in default since 2009 so comes off my credit file in 2 years. But i dont know how differently it will effect my CR if i pay it in full or pay a F & F. i suppose the damage has already been done with the default so i should just do F & F offer?

Thanks for posting the documents, will come back later to take a closer look. To answer your question above, sadly, it won't make much difference to your credit report whether you settle this or not, the default reflects your conduct with the account, i.e. you did not keep up contractual payments. If the creditor accepts your offer of a F&F then it should be regarded as settled in full (hence the name Full & Final), however, as far as your credit goes, it won't matter much whether you pay the full amount, make a reduced settlement or don't make any payments. The default will stay in place for 6 years. If it was recorded in 2009, you have just 2 more years before it drops off, which it will, regardless of whether you pay or not. Some lenders only search the last 3 years anyway so you may well get lucky with loans or credit cards, :thumb: however, for mortgages they are likely to search the full 6 years.

Do bear in mind that, if you haven't made any payments in years, by making a F&F offer you will be resetting the Statute Barred clock :clock: If it has just 2 years left to run I'd let it run its course if it was me. In fact, that's exactly what I'm doing! :grin:

[chris260483]

Re: CCA Request

I've been making token payments up until 2 months ago so SB is 6 years from now!!

Thanks for having a look, I look forward to your response

chris

[Celestine]

Re: CCA Request

Hi Chris

I'm afraid those T&C's you've been supplied DO read (to me) as if they WERE the terms present when you signed the agreement.

The fact that they have supplied a recon is not a point of dispute unless we could find evidence in the T&C's that they were not the set you read and considered AS you signed the agreement. Quite often the original creditors supply the set that would have been sent out AFTER the card application had been accepted.

I'm sure others will have their opinion, but thats my thoughts.

Good luck