WON LP1 - is this a valid CCA? ( Lloyds )

**sleslie86** · 28th August 2014, 09:54:AM

Re: LP1 - is this a valid CCA?

is anybody able help please? :tinysmile_cry_t:

**MIKE770** · 28th August 2014, 10:21:AM

Re: LP1 - is this a valid CCA?

somebody will be along who is not at work?

**sleslie86** · 28th August 2014, 10:25:AM

Re: LP1 - is this a valid CCA?

ok thanks - sorry, just a bit worried, then I guess most people on here are wanting answers to their questions...

**Amethyst** · 28th August 2014, 10:32:AM

Re: LP1 - is this a valid CCA?

The document you have posted on the PDF would not in itself satisfy the requirements of the Consumer Credit Act. There are no terms and conditions and no prescribed terms at all - it is solely a print out of your application - it is not a credit agreement.

Did you request the agreement formally with a £1 cheque/postal order?

**sleslie86** · 28th August 2014, 11:52:AM

Re: LP1 - is this a valid CCA?

Hi Amethyst, Thank you for your reply. :tinysmile_grin_t:

Yes I did request the agreement formally with a £1 cheque/postal order as per FlamingParrot's kind instructions a while ago, FlamingParrot also provided me with the template to send to LP1.

**sleslie86** · 28th August 2014, 11:55:AM

Re: LP1 - is this a valid CCA?

Amethyst - I see that you replied to an older thread of mine back on 10th February 2014, 19:06:PM - you asked me about the template I sent to them. The template below, is that the correct request for formal agreement?

Amethyst, Site Owner, Default Re: LOWELL AGAIN! - Letter Received!

Is this the CCA letter you sent ? (off your other thread)

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

a copy of their agreement
copies of some of the other documents mentioned in their agreement
a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to
get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

**Amethyst** · 28th August 2014, 12:03:PM

Re: LP1 - is this a valid CCA?

Ahhh this thread

Lowell could not provide a CCA with my credit card though and this was their response:

Your credit agreement
We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Lloyds in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you
We are closing your account
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Lloyds.

**sleslie86** · 28th August 2014, 12:05:PM

Re: LP1 - is this a valid CCA?

Correct - and now they have sent me what I have attached as a PDF.. and claiming this to be the CCA.

Interestingly, I have no recollection actually signing for these Airmiles DUO cards or even applying online for them?

**Amethyst** · 28th August 2014, 12:08:PM

Re: LP1 - is this a valid CCA?

So yip all fine

You need to respond to that letter enclosing the ''agreement'' and tell them it doesn't comply with the CCA in pretty much any way shape or form.

The should have the title Credit Agreement regulated by the Consumer Credit Act 1974 at the top, with interest rates, cancellation rights, default fees, repayment terms and basically all the terms associated with the agreement. They have sent you internal screen print confirming you applied for a credit card and stating you signed the agreement but it isn't the credit agreement.

So it was an Airmiles Duo Card ??

**sleslie86** · 28th August 2014, 12:10:PM

Re: LP1 - is this a valid CCA?

Yes - 1 x LTSB AMEX & 1 x LTSB MASTERCARD

**Amethyst** · 28th August 2014, 12:17:PM

Re: LP1 - is this a valid CCA?

Should be more like this http://www.legalbeagles.info/forums/...606#post465606 to be enforceable.

**sleslie86** · 28th August 2014, 12:22:PM

Re: LP1 - is this a valid CCA?

Shall I print that off and enclose it in my letter of reply?

**Amethyst** · 28th August 2014, 12:27:PM

Re: LP1 - is this a valid CCA?

God no ! That's what they can't find, so don't give it to them. I'll help you write a reply xxx

**sleslie86** · 28th August 2014, 12:32:PM

Re: LP1 - is this a valid CCA?

hahaha... I thought so! I knew after I replied I was like ... DOH!
Obviously LP1 are winging it then, being naive enough that I'd accept that.

WON LP1 - is this a valid CCA? ( Lloyds )