Lloyds CCA- wrong address! Advise please :-)

[nightwatch]

Re: Lloyds CCA- wrong address! Advise please :-)

Hi angelsoxx

Hubby received the exact same letter a yours above in reply to a CCA request in 2010, we didn't live at our present address when it was taken out, and it was a TSB trustcard not a Lloyds cc, but they kept insisting it was a valid agreement and that they would send a copy when found, we are still waiting.
I found this site by accident and have not looked back
i sent what we had received to niddy and he said
i also sent a SAR request to lloyds to see what they did have and hidden in the middle of all the paperwork was 2 small lines

Agreement request to central storage, agreement not found
no request to archives as taken out prior to their records

so I think we will have to wait a very long time for them to send it

best wishes nw

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

Hi angelsoxx

Hubby received the exact same letter a yours above in reply to a CCA request in 2010, we didn't live at our present address when it was taken out, and it was a TSB trustcard not a Lloyds cc, but they kept insisting it was a valid agreement and that they would send a copy when found, we are still waiting.
I found this site by accident and have not looked back
i sent what we had received to niddy and he said
i also sent a SAR request to lloyds to see what they did have and hidden in the middle of all the paperwork was 2 small lines

Agreement request to central storage, agreement not found
no request to archives as taken out prior to their records

so I think we will have to wait a very long time for them to send it

best wishes nw

Thanks nightwatch (pratchett fan?) That's very handy to know! Can you outline the steps what they've you took for me? I don't know if I should write back pointing out the address is wrong, wait the 12+2 days and default them or SAR them-or all three! Advice on the order in which to take steps would be brilliant.
This forum is fantastic!

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

well what they sent is a total recon anyway and is thus 100%

Have you had a chance to look Niddy? Or is this based on my typed out letter?

[nightwatch]

Re: Lloyds CCA- wrong address! Advise please :-)

Thanks nightwatch (pratchett fan?) That's very handy to know! Can you outline the steps what they've you took for me? I don't know if I should write back pointing out the address is wrong, wait the 12+2 days and default them or SAR them-or all three! Advice on the order in which to take steps would be brilliant.
This forum is fantastic!

yes i am a big pratchett fan,

I wouldn't tell then they have the details wrong,no matter what you send them they will say they have complied with your request, and that you can complain to OFT.

see what niddy says,but I would wait and see what thay send next (you have stopped paying?)

I sent them a request under CPUTR asking them to state if they had or had not got an original agreement, they replied that they had complied with my CCA request and had nothing more to add.??
Not what I asked

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

yes i am a big pratchett fan,

I wouldn't tell then they have the details wrong,no matter what you send them they will say they have complied with your request, and that you can complain to OFT.

see what niddy says,but I would wait and see what thay send next (you have stopped paying?)

I sent them a request under CPUTR asking them to state if they had or had not got an original agreement, they replied that they had complied with my CCA request and had nothing more to add.??
Not what I asked

Thanks, (Vimes is my favourite)
I haven't made any payments since I sent the cca which was the 5th of march and seeing as they haven't complied with my request- I don't intend to.
Is there a draft for a request under CPUTR?
So you've had nothing from them since but Peters saying they have complied with your request when they blatantly haven't? Cheeky buggers!

[mystery1]

Re: Lloyds CCA- wrong address! Advise please :-)

I'd write to them and tell them it's a fake and that the address is wrong.3 things then may happen.

1. They fix the mistake and and send a compliant copy.
2. The never reply. The are in default, which can be fixed, but if it goes to court you have evidence of unreasonable behaviour from them and/or that the knew they were in default.
3. They admit they don't have the information they need to get out of default and hence it's unenforceable.


Perhaps if you get no reply SAR them and see if they have the old address.

M1

[nightwatch]

Re: Lloyds CCA- wrong address! Advise please :-)

priority one, is the person to get info on CPUTR, but niddy woll let you kmow if anything else meeds to be done yet

(have you read Snuff yet)

[mystery1]

Re: Lloyds CCA- wrong address! Advise please :-)

Niddy already said it was 100% on post 12 ---> http://forums.all-about-debt.co.uk/showpost.php?p=164713&postcount=12 . Writing to them to tell them about the address could only make things worse! They may do another recon with the right address on!

Better to find out if they have it before you have it as a major part of your defence.

M1

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

Thanks all-yes, I have read Snuff, very good book :-)
Ok, I think, unless Niddy says otherwise, I shall default them when that time comes, and send a SAR to see if they DO have my original address or not.
How far back does a SAR go? Will it go back as far as they have the info for out are they allowed to just send the last 5 years or something?
They didn't send a signed statement of my account so of wrong address they've not complied.
Aren't they meant to send ask the changes of t&c's since your account opened as well?

I've sent out 8 cca's, 4 replies, 2 smiting they haven't got it, one with a random number on it and nothing else and this rubbish from Lloyds. Quite amazed! Can't wait to see what (if anything) the remaining 4 are going to produce!

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

On a phone, sorry for predictive text snafus!

[Never-In-Doubt]

Re: Lloyds CCA- wrong address! Advise please :-)

Have you had a chance to look Niddy? Or is this based on my typed out letter?

I looked and replied

[Never-In-Doubt]

Re: Lloyds CCA- wrong address! Advise please :-)

Better to find out if they have it before you have it as a major part of your defence.

M1

what defence? You're jumping the gun - no we let them dig a hole and defend based on the info at hand; never allow them the chance to put it right - leave them in the wrong as it always helps if it ever gets to court.

In this case I would never write and tell them what is wrong as it is so easy to remedy, in time. In a court hearing with 28 days whatever it's slightly harder to "produce" compliant accurate terms from the time in question.......

Hope you see where I'm going with this...

CPUTR declaration is also pointless here, if you want to know then consider a SAR.

[Never-In-Doubt]

Re: Lloyds CCA- wrong address! Advise please :-)

Thanks all-yes, I have read Snuff, very good book :-)
Ok, I think, unless Niddy says otherwise, I shall default them when that time comes, and send a SAR to see if they DO have my original address or not.
How far back does a SAR go? Will it go back as far as they have the info for out are they allowed to just send the last 5 years or something?
They didn't send a signed statement of my account so of wrong address they've not complied.
Aren't they meant to send ask the changes of t&c's since your account opened as well?

I've sent out 8 cca's, 4 replies, 2 smiting they haven't got it, one with a random number on it and nothing else and this rubbish from Lloyds. Quite amazed! Can't wait to see what (if anything) the remaining 4 are going to produce!

A SAR will go back at least 6 years and should encompass everything they hold about you, regardless of date. For instance people wrongly assume that a SAR goes back 6yrs, it doesn't and the ICO guidance on s.7 mentions nothing of the sort either. So with finance companies having to retain data for 12 years in line with HMRC regulations this would supercede any ICO regs thus they should send AT LEAST 12 years worth as that is the minimum document retention period in line with HMRC.

With respect to the document you were sent, respond with this and do not alter it pointing out specifics - leave it generalised as it is

---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[mystery1]

Re: Lloyds CCA- wrong address! Advise please :-)

what defence? You're jumping the gun - no we let them dig a hole and defend based on the info at hand; never allow them the chance to put it right - leave them in the wrong as it always helps if it ever gets to court.

In this case I would never write and tell them what is wrong as it is so easy to remedy, in time. In a court hearing with 28 days whatever it's slightly harder to "produce" compliant accurate terms from the time in question.......

Hope you see where I'm going with this...

CPUTR declaration is also pointless here, if you want to know then consider a SAR.

Used to be with a different firm and the op has moved twice. Might not be as easy as you think to get the correct debtor details given the op won't tell them.

I'd reply based on Pauls advice on this forum and the fact it might be fixable, if they're able.

127(3) is a harder defence than 78.

M1

[Deepie]

Re: Lloyds CCA- wrong address! Advise please :-)

Sending your Agreement to Niddy

If you're thinking of sending me your agreement to check, please read this thread! :---> User Guide - Sending your Agreement to Niddy

You can start by sending your Agreement to Niddy for a look ........
From the letter I think he will say send this back.....CCA Query - Missing Prescribed Terms

A SAR will go back at least 6 years and should encompass everything they hold about you, regardless of date. For instance people wrongly assume that a SAR goes back 6yrs, it doesn't and the ICO guidance on s.7 mentions nothing of the sort either. So with finance companies having to retain data for 12 years in line with HMRC regulations this would supercede any ICO regs thus they should send AT LEAST 12 years worth as that is the minimum document retention period in line with HMRC.

With respect to the document you were sent, respond with this and do not alter it pointing out specifics - leave it generalised as it is

---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

listern to Niddy.......:niddy