Lloyds Bank SAR request

[barney47]

I have an old debt from 2002 with Lloyds bank, it is for a personal loan of 10k with 5k still owing, I have been on reduced payments for 10 years and stopped paying them recently. I finally sent them a SAR request which I got back today.

Here are the questions
1) Do Lloyds have to provide me with Terms and Conditions and subsequent updated Ts&Cs?
2) Do Lloyds have to provide me with Default notice, Assignment and Enforcement notices?

The reason I ask is all they have sent back is loads of statements and a list of actions along with a copy of the original CA, they have also sent a letter explaining the following...

"Copies of Default, Enforcement and Assignment are not saved by customer name so we are unable to provide copies under a Data Subject Access Request."

"Terms and Conditions are not personal information, but are generic, and are therefore not available under DSAR requests. For further information regarding Ts&Cs, please contact a LLoyds branch"

Where do I go from here?

Any help would be greatly appreciated.

[leclerc]

Re: Lloyds Bank SAR request

Was there PPI on that loan?

[barney47]

Re: Lloyds Bank SAR request

No PPi

[Diana M]

Re: Lloyds Bank SAR request

I finally sent them a SAR request which I got back today. . . .

"Copies of Default, Enforcement and Assignment are not saved by customer name so we are unable to provide copies under a Data Subject Access Request."

"Terms and Conditions are not personal information, but are generic, and are therefore not available under DSAR requests. For further information regarding Ts&Cs, please contact a LLoyds branch"

Where do I go from here?

That's an easy question to answer

You send them a section 77-79 CCA Request and this forum has a template for that here >

http://legalbeagles.info/forums/show...=7670#post7670

Unless or until they comply with your request they cannot enforce the debt in court.

What is your objective with this debt?

I note you say you recently stopped paying them so have you been receiving correspondence which you perceive to be threatening legal action as a result?

Di

[barney47]

Re: Lloyds Bank SAR request

Hi Di,
My objective is to not pay then a penny more as I believe they do not have the documents to enforce this debt.
I sent them a CCA request 3 years ago which they ignored and silly me carried on paying them!
On your advice I will fire off another CCA request on Monday BUT I thought a SAR should provide me with everything, this is why I have asked on here if this is correct.

[Diana M]

Re: Lloyds Bank SAR request

I sent them a CCA request 3 years ago which they ignored . . . .

I will fire off another CCA request on Monday BUT I thought a SAR should provide me with everything

A SAR doesn't protect your legal positon. A CCA Request which has not been complied with does protect your legal positon.

If you've previously sent a CCA Request and they've not complied with it then the account cannot be enforced in court until or unless they do. Nothing is gained by sending another one if you have evidence of the first.

Have you got a copy of tht CCA Request you sent and when you say they "ignored" it do you mean they didn't even write back with some sort of acknowledgement?

Did you send that CCA Request by Royal Mail Recorded Delivery so you've got proof it was received?

Did you include the £1 statutory fee?

The SAR will give you the data they hold. There may be information in the Transaction Log which would enable them to make an acceptable reconstituted document (DN, credit agreement plus Ts & Cs etc) if needed.

Di

[barney47]

Re: Lloyds Bank SAR request

Hi Di,
Yes I kept the receipt which was sent recorded delivery by Royal Mail, I also enclosed the £1 fee, this was sent way back in 2011!!!
They did not respond at all to my request, should I send another one or send them a letter telling them they have not complied with the one I sent in 2011?