Thread: Lloydstsb mastercard

Thanks for the welcome

It was a c/c (mastercard) from around 2000.

My name and address have been blacked out and the only thing i didn't post was a copy of my latest statement.

The images are

tl = letter
lcc = supposed agreement
ltc = terms and conditions

Thanks

M1

I'm in Scotland so can't use that but i can SAR which i assume is the best thing to do next ??

Thanks

M1

Thanks for your input.

SAR will let me see they still haven't found the original hopefully.

M1

After some thought i am going to send this. Key point is that they say it complies but to comply they need the prescribed terms (excluding signatures). They say the Apr is on the agreement which they also admitted they couldn't find..

Any thoughts ?



My Address

September 15, 2009




ACCOUNT IN DISPUTE

Ref: ------------

Dear Sir/Madam

Thank you for your letter of 03/09/09, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 20/08/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 25/08/09
You have failed to comply with my request, and as such the account entered default on 16/09/09

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you will know section 180(1) (b) states that, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form” is permitted. This refers to statutory instruments made under the heading The Consumer Credit (Agreements) Regulations 1983 SI 1983 No.1557 which state:

3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.
(2) There may be omitted from any such copy--
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document; this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The APR needs to present. The paperwork you sent me states “The APR is shown in your original agreement” You also state “ we are endeavouring to locate the copy of your signed agreement”

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully



Mystery1






Thanks.

Didn't expect this !!







Any thoughts ?

Was an Asset Visa and is now a Mastercard. Should i have had a new agreement for that ?

Thanks.

M1

It says at the top left "if your application is accepted by our signature below and we send you a card, then this willform the agreement, made between you, the principal cardholder, and us lloydstsb bank plc,Card services, po box 33, Brighton, BN1 4BE based on the conditions overleaf"


Now i can barely see the date of the signature and can't see the signature itself (bottom right).

This is obviously a microfiche copy.

SAR due by 24/10.

M1

My signature is ok but theirs is not on the scan provided.

M1

Right under the right to cancel but it is either very poor quality or chopped off.

I doubt they have an original but i doubted they had this much after the first reply.

They have added fees and interest in the time of dispute which i'm not sure what to do with. Eventually if they default me then terminate these would make the default notice faulty etc ? I should point out the extra charges they shouldn't have added during the disputed time ?

Thanks.

M1

Dear Sir/Madam


Thanks you for your letter dated 11th November 2009 the contents of which are noted.

You have still to provide me with a properly executed copy of an agreement. A properly executed agreement must have certain cancellation rights as per the Consumer Credit Act

64 Duty to give notice of cancellation rights

(1) In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,—

(a) must be included in every copy given to the debtor or hirer under section 62 or 63, and

(b) except where section 63(2) applied, must also be sent by post to the debtor or hirer within the seven days following the making of the agreement.


(5) A cancellable agreement is not properly executed if the requirements of this section are not observed.



127(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

(a) a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or


(b) section 64(1) was not complied with.


Consumer Credit (Agreements) Regulations 1983 also support the need for the NAME AND ADDRESS OF A PERSON


I would draw your attention to the fact that lloydstsb drew up the details of this agreement and as a large corporate body should have known the requirements of UK law and the consequences of them. You have only supplied your company address. I can understand why a named person is required as a member of staff from your Anstruther branch phoned one of your offices on my behalf and were told none of my letters had arrived despite the fact I had use recorded delivery and they had all been signed for.

Contract law is applicable to both parties and not just one. It is clear that you need to supply the NAME AND ADDRESS OF A PERSON to whom notice of cancellation should be given. This has been law since at least 1974. Wilson and others v. Secretary of State for Trade and Industry (Appellant) from 2003 is case law from the highest court in the country that supports the law as I have pointed out,rather than Mcguffick which is a lower court and, I believe, subject to appeal.


You are reminded that

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
• You may not add further interest or any charges to the account.
• You may not pass the account to a third party.
• You may not register any information in respect of the account with any credit reference agency.
• You may not issue a default notice related to the account.



I appreciate your due diligence in this matter.


M1