Re: Lloyds 1978 cc
Hi oscar,
They have an obligation under the regs to NOT mislead you. Hence any failure to respond provides grounds for formal complaint to the OFT.
If in the end proceedings were issued, this would form part of the evidence trail you could use against them. I have never real seen it as a big stick with which to beat them but really in the context as said here. If they don't respond as has happened in one instance for us then, they don't have the docs. But think of it this way, if they respond yes then there is no earthly or legal reason why they cannot respond in full to a s78 request. If they no and then issue proceedings and turn up in court with an original or recon document then they have admitted what is tantamount to a criminal offence.
One of the real knowledgable of people on here on this subject is Priority One and she has had some real tangible success in getting creditors to back down with this.
regards
Garlok
Hi oscar,
They have an obligation under the regs to NOT mislead you. Hence any failure to respond provides grounds for formal complaint to the OFT.
If in the end proceedings were issued, this would form part of the evidence trail you could use against them. I have never real seen it as a big stick with which to beat them but really in the context as said here. If they don't respond as has happened in one instance for us then, they don't have the docs. But think of it this way, if they respond yes then there is no earthly or legal reason why they cannot respond in full to a s78 request. If they no and then issue proceedings and turn up in court with an original or recon document then they have admitted what is tantamount to a criminal offence.
One of the real knowledgable of people on here on this subject is Priority One and she has had some real tangible success in getting creditors to back down with this.
regards
Garlok
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