Lloyds CCA- wrong address! Advise please :-)

[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

[angelsoxx]

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

On a phone, sorry for predictive text snafus!

[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!

[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

[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 :-)

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

[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!

[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 :-)

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?

[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!

[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

[Never-In-Doubt]

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

It can be.



M1

haha unlikely though as any decent paralegal will pick up on the point that they need to send a new copy with the name and address within the CPR response thus alleviating any claim of defence.

Seen it happen too often..... sadly

[mystery1]

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

and whilst you're there you need to relate this to point 61....

this means that they can just remedy it by sending a new one using the name and address so it will always fail as part of any UE argument. Sorry, but a name and address alone is not enough to utilise unenforceability and is rather easy to remedy.

You will find out if they have the correct one, by reply, or you'll have great evidence of their failings in court.

It can be.



M1

[Never-In-Doubt]

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

If they have the wrong address for you then they can't enforce. It's that simple unless they can correct it.

Best bet is to write to them and say it's a fake agreement as you didn't reside there then. You will find out if they have the correct one, by reply, or you'll have great evidence of their failings in court.

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

60. As a matter of common sense it is difficult to see how a copy of an agreement can omit the names of the parties. It might be thought that the address of the debtor, however, was immaterial, at least to the debtor, who can be assumed to know what it was at the time, if different from his present address. However, as noted above, any application of the concept of materiality must not override the requirements of s78 and the Copies Regulations properly understood. In my view it is clear that the name and address must be provided:

M1

and whilst you're there you need to relate this to point 61....

• Having decided that question, there is the consequential question of how the creditor is to provide the original name and address. Consistent with my finding on Issue 1 (a) I take the view that it is open to the creditor to provide the name and address within the reconstituted copy from whatever source it has of those details. It does not have to take them from the executed agreement itself, which is what Mr Uff and Mrs Thompson contend. The difference between the parties here is graphically illustrated by what has happened in Carey. Initially the creditor reconstructed the executed agreement - as shown at pages 197-201 - but without the name and address filled in. Then this was added to the reconstruction from HSBC's records.

this means that they can just remedy it by sending a new one using the name and address so it will always fail as part of any UE argument. Sorry, but a name and address alone is not enough to utilise unenforceability and is rather easy to remedy.

[Never-In-Doubt]

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

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