Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Received a letter today with numerous pages of current terms and conditions and a signed copy of the origional agreement from 2005. Will try and scan it.
I was provided with a copy of the application from with my details written in and also the credit card agreement. The agreement shows the APR %, charges and my signature and date. Not looking hopeful but will see what you think.....
Hi BB. I have an unenforceable agreement with Lloyds. They confirmed they couldnt find it. They construed an agreement that was still unenforceable. They have been advised from my solicitor that it is unenforceable yet they still hound me through both themselves and their DCA's (BLS). I have to agree with jdes26 in that they are (were) awful to deal with so make sure one of the helpful knowledgeable Caggers check out your agreement and hopefully its unenforceable and you can let them stew.
Here it is: As I said before, this came with pages of terms and conditions and an application form copy filled in by me and a letter saying they have complied with my request and a warning about using claims companies. What do you guys make of this? I hope you can see/read it.
Hi to everyone on this truly wonderful site. Been reading CAG site for many hours/days but my first posting so please bear with me. My experience with ltsb is quite lengthy and will start own thread if that is best.
I am fortunate (I think) in that I have kept all paperwork ever received from LTSB Card Services (back to 2003). I run a small Ltd Co with my OH and so have to be fairly organised and keep records for so long. Found it most annoying then that I couldn't find OH copy of LTSB Platinum Visa CCA - have original letter welcoming as customer, orginal envelope with PIN etc! In April 2008 LTSB fell out with Visa (according to our Business Manager) and changed to Mastercard and American Express Air Miles Duo. Original Visa number changed to separate Mastercard and Amex numbers - no notification given and certainly no new agreement signed. Statement shows a balance transfer having been made from LTSB Visa to LTSB Airmiles Duo. Requested under separate cover copy of CCA for Visa and Airmiles Duo. Attached is their neatly typed response. Is the typed CCA enforceable? Want to continue fight but advice on which way to proceed would be greatly appreciated. Thanks in advance to all. Kerk.
Unless I am missing it, the Agreement is not signed by the Creditor. There must be the Customer signature (I can see you have blanked your out) and the Creditor Signature agreeing to the Credit Agreement.
So, On that point, it is unenforceable
There is no Credit Limit that I can see. Even with Credit Cards, they will usually start your "Starting Credit Limit" on the Agreement.
Hi to everyone on this truly wonderful site. Been reading CAG site for many hours/days but my first posting so please bear with me. My experience with ltsb is quite lengthy and will start own thread if that is best.
I am fortunate (I think) in that I have kept all paperwork ever received from LTSB Card Services (back to 2003). I run a small Ltd Co with my OH and so have to be fairly organised and keep records for so long. Found it most annoying then that I couldn't find OH copy of LTSB Platinum Visa CCA - have original letter welcoming as customer, orginal envelope with PIN etc! In April 2008 LTSB fell out with Visa (according to our Business Manager) and changed to Mastercard and American Express Air Miles Duo. Original Visa number changed to separate Mastercard and Amex numbers - no notification given and certainly no new agreement signed. Statement shows a balance transfer having been made from LTSB Visa to LTSB Airmiles Duo. Requested under separate cover copy of CCA for Visa and Airmiles Duo. Attached is their neatly typed response. Is the typed CCA enforceable? Want to continue fight but advice on which way to proceed would be greatly appreciated. Thanks in advance to all. Kerk.
As far as I can tell, the CCA is Unenforcebale for a number of reasons.
No Prescribed Terms. eg Amount of Credit, Signatures of both Creditor and Customer Missing.
I cannot open the Word Documents as I don't have MS Word on my Computer, I am sure someone else will help you with these Documents.
The ltsb copy 'CCA' received was not a photocopy, microfiche, copy microfiche or otherwise. It was produced on A4 plain white paper stapled in top left hand corner. The only reference made to OH was name and address which is blanked out. No signatures or dates have been blanked out. I could have copy-typed and re-produced this myself. In case you could not read scanned letter LTSB go on to quote Regulation 3(1) of the CNCD regulations ".......all copies of the executed agreement must be "true copies" of the agreement." Seems to me that nobody knows what a "true copy" is as there always seems to be an argument around this. As far as LTSB are concerned "...relevant copies may be altered as permitted by the CNCD Regulations..."
Have been following threads re LTSB for some time and thanks to execellent CAG site now feel confident to take further. I will start new thread and try to upload better copies.
"True Copies" (eg Original Signed Copies) are supposed to be the case but after the recent High Court Judgement in Manchester, Lenders can reconstruct Credit Agreements as long as they have the information available at the time.
Example: If they knew your name and address at the time and they know what your original credit limit was then they can reconstruct it. At the moment, under the recent High Court Judgement that is a True Copy.
A True Copy in England and Wales does not have to be signed.
It is different in Scotland, from December 1st 2009, Creditors have to produce the Original Credit Agreement.
Unless I am missing it, the Agreement is not signed by the Creditor. There must be the Customer signature (I can see you have blanked your out) and the Creditor Signature agreeing to the Credit Agreement.
So, On that point, it is unenforceable
There is no Credit Limit that I can see. Even with Credit Cards, they will usually start your "Starting Credit Limit" on the Agreement.
Hi Dundeelaw. Thank you for taking the time to look at my agreement. You are correct, the agreement is signed by me but not by the creditor. This is interesting as the attached letter from Lloyds states:
"There is no requirement under the CCA to provide you with a copy of the origional signed agreement, but notwithstanding that fact, please find enclosed such a copy for your records."
So, they are saying this IS the origional copy! And the origional does not have their signature on it.
Also, as you say, there is no credit limit on the agrement. Instead, under the heading "credit Limit" it says :"We will set a credit limit and tell you what it is when we send you your card. We may change it in the future. We'll give you the new credit limit in writing."
Where do I stand??? Is this unenforceable???
Could they not just add their signatue to the origional if it were to go to court?? Is the fact that there is no credit limit on the agreement enough to put the account in dispute?
The Consumer Forums
Lloyds TSB Card CCA
Reply With Quote
Originally Posted by jdes26
Want to continue fight but advice on which way to proceed would be greatly appreciated. Thanks in advance to all. Kerk.
