Lloyds v Me

[Viano]

I know that this has been asked elsewhere, but I can't find it.

 

Got an "Application Form and Agreement" for a credit card, from Lloyds, it looks legal, but the question is there is no signature for and on behalf of the Bank, without this is it a "Properly Executed Agreement"?

 

There are more issues, but more of these later.

 

Viano

[foolishgirl]

From your description I would think that if all the other prescribed terms are there & within one document the lack of signature makes it improperly executed but that does not mean it is not enforceable.

You really need to upload a copy (without personal details) for proper advice.

[Viano]

Ta! I'll try, but don't hold your breath, I'm pretty computer illiterate.

 

Viano

[foolishgirl]

You can pdf if you have a scanner or if you just have a camera, use photobucket.

[Viano]

This may sound daft, but I don't have an attachment 'clip' on my message board.

 

Trust me I'm not that illiterate.

 

My screen does not look like the one in "How do I...?" Attach Documents.

 

Any suggestions?

 

Viano

[foolishgirl]

The forum you are posting in doesn't allow attachments - try photobucket Image hosting, free photo sharing & video sharing at Photobucket. You have to create an account, upload your images & then post a link here.

[Viano]

Now, I talk video endoscopy, video microscopy, equestrianism, sailing, internal combustion, English, a smattering of French and enough Italian to buy some alcohol and a train ticket, but try as I can I cant comprehend computer! What chance anyone can show me how to paste to the CAG and this thread from photobucket, and please I don't speak TLA's either.

 

Viano

[foolishgirl]

The instructions for pasting a link from photobucket are on their websiteLink your Photobucket content around the web!: Photobucket.com

If you need to know how to use hyperlinks try here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

It's all explained better there than I could but If you still have probs. post back & I'll try to fill you in

[big blue one]

is the agreement a blue form?

[Viano]

No, it is a faint copy of a microfiche.

 

Viano

[Viano]

[Viano]

[Viano]

Thanks, managed it in the end, they say you learn something every day.

 

Viano

[foolishgirl]

Congratulations! Wonderful copy.

Now the bad news - providing the second sheet is attached to (looks like it?) or the reverse of the 1st it appears to have all the prescribed terms in place so despite no signature from Lloyds would be enforceable by a court IMHO i.e. no point in complaining on that score.

So you can now get on with the other issues you mentioned.....

[Viano]

The other points are,

1) minor point-it is not in my handwriting and

2) from my point of view one major inaccuracy that I would never have made. 3) concerns the signature, and I'm having that checked.

 

I will now sit down and check all the correspondence for accuracy.

 

Viano

[foolishgirl]

Are you saying you didn't sign the agreement - ever?! If not, who do you think did?

[Viano]

Ah! I'm not saying that's not my signature, I'm just unsure of it's origin.

 

Viano

[foolishgirl]

Ah, different scenario. Can you recall signing this doc? It's only end of 2007 after all.

[Viano]

No, that's the date I received the "Agreement" the date on the doc.

is 2003.

 

Viano

[foolishgirl]

Sorry, thought the date on doc. referred to agreement date.

Sounds as though you think there might have been fraud. In which case think you need to contact Lloyds or if you think it's them, the police. You'd have to very clear on your facts though to pursue this line.

[Viano]

We are off to forensics early next week.

 

V

[Viano]

I have just re-read the PoC for this Claim, they are claiming for a card I have never had, and in this case never applied for although the reference number is familiar. Is this grounds for defense.

 

Viano

[foolishgirl]

Can we just go back to the beginning please 'cos I'm a bit confused as to trail of events re. this thread?

 

Firstly, you've received a summons? Correct? If so when? Have you acknowledged with AOS within 14 days?

Assuming the above, have you sent off CPR18?

Was this agreement/applic. form already posted up here sent in response to CPR18 or CCA & if CCA, when was that made?

You say the number on the POC looks familiar - can I ask why? i.e. could it be for another CC you hold? Have you got a CCA for the account on the POC?

If you def. have not had an account with the number shown in the POC, yes, you have got a defence - BIG TIME!!

Suggest you CPR Lloyds immediately on the account named in POC - lots of templates on this site but make sure you ask for EVERYTHING you can think of.

[Viano]

OK!

1) Yes I have received a Court Claim.

2) Yes, I have sent the AOS.

3) The 'agreement' is the one posted above (earlier)

4) It was in answer to a request made at the bank whilst I was making a formal complaint, that was June 20/07.

5) I have written proof the the request was made.

6) When I enquired of the FOS they said that in their opinion, making a verbal request at the bank was as good as a written request for a copy of a CCA

7) I do have that number on a card.

8) The name of the card issuer on the POC is not the same as that on the card.

9) No it can not be allied to or confused with any other card.

I hope that all makes sense.

 

Now as to the 'agreement' sent to me, that came in an envelope in the post with no explanation, that was received by me on the 29/11/07.

 

Notes regarding that are: it was not filled out by me, although it could have been done in branch, no bankers signature, marital statue wrong,

according to a forensic hand writing and document expert (yes really) she was unsure of the (my) signature, she could not tell if the signature had been "lifted" from another document because the copy of the microfiche was to faint and to small to see, and she was using a BIG magnifying glass. Note the copy posted here is much larger than the copy I was sent.

 

V

 

What is a CPR18?

[Viano]

Another question, my forensic friends suggested that I ask the bank for a better copy of the 'agreement' so that they can have a better look, should I, or should I let sleeping dogs lie?

 

V