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About Csol2001

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  1. Hi I was recently in Court to defend in person the Banks attempt to rail road thru a recovery action against me on my overdraft. I was defending on the grounds that an overdraft was a running account and not exempt from part V of the CCA 1974. Also that the Bank had not followed all of the procedures in opening the account - in particular the "offer Letter" The judge said in his summation "The claimant says that at the material time the defendants would have been sent an offer letter confirming that the account was opened and sending them a terms and conditions and tariffs and charge
  2. Hi Andy Thanks for your message. My wife has her original divorce papers and thankfully our marriage certificate !! Not sure where they or we go with this. Save to Court if thats what they wish. I am sure that they without my wife's legal name on an account application form it cannot be enforceable. Same way that your question stands. Anyone could change their name or forge a divorce certificate or even just use their birth certificate. They still have to provide 3 forms of identity "Utility Bill" etc etc .
  3. Hi have been in in correspondence with Lloyd for the past 6 months re a copy of my CCA. They have supplied a poor photcopy of an application form , for a Trustcard in my previous married name in 88. I remarried in 89 and took my my Husbands name - My question is Can the bank use this application form as proof of me opening my account. All of my statements have shown my married name. Surely, if they attempt to take me to court and rely on a document that is not legally my name and has not been for the past 23 yrs. Oh - Lloyds suggest in their latest letter that s78
  4. Interesting points you raise. Now - I have not have any correspondence from Citi - No default notices or Termination letter. Cabot's letter says that they have brought the account so presumably and legally - Citi would have had to contractually terminate my account with me in order to allow Cabot to take it on. So - does that mean that Citi have unlawfully rescinded my account .
  5. HI - I have been watching this thread with interest. I sent a CCA request following a letter received last week . Interesting reply received today (attached). If Cabot don't hold my details to fulfill my CCA request - how can they legitimately hold the assignment. They are asking me to contact Citicard directly with this request. Returned my £1 postal order. Any one have any thoughts and comments on a response to them.Cabot1.pdf
  6. HI - have been following this thread with interest as have had the same Cabot (standard) letter with a spurious copy of an assignment to them. Can anyone clarify the legal deficient points in the purported Citicard Assignment letter as I want to nip this is the bud with Cabot. Should Citicard have written to me separately to inform me that Cabot had brought my account and that they were officially assigning it to them. Thanks
  7. Hi Could it be that the doc was not executed correctly. I received a letter today with a copy of the agreement purporting to bare my signature. The T&Cs state YOUR RIGHT TO CANCEL - Once you have signed this Agreement, you will have a short time in which to cancel it. The Creditor will send to you exact details of how and when you can do this - I have not received any copy information on this from Amex. It also state - ADDITIONAL RIGHT TO CANCEL - Once this Agreement is made you will have the right to cancel it before whichever is the later of either (a) 14 days after you receive y
  8. HI The card was offered to me in late 2007 / early 2008 - not sure of the exact date. Application form was on line. Never any paperwork. Had to stop paying the card off in mid 2009 due to work drying up. Offered £150 through a DCA. That DCA was changed by Amex to someone else. Excess charges were mounting up. Decided to request a CCA after finding this forum in April and new DCA contacting me regarding the account. Following a series of letters and requests - the DCA will not send me the info to see if the online form exists in hard copy. I think will no signature, it is not enforceable.
  9. Hi Thanks for the heads up. I am a bit concerned that if I do not reply it could be deemed as refusing their offer and possibly opening the gate for Amex to have a crack at me again. Clearly - there must not an enforceable agreement if they are offering any discount. Should I send Amex a copy of the letter that I sent to Allied, stating my position in relation to actions of Allied and them placing the account into an unenforceable position. At some point I want to get rid of this default on my credit assessment. Is there a template letter in the library that I could use that sets th
  10. Hi Firstly, I hope that the attached letter helps anyone who is in a similar position. Background I sent a CCA request to Allied Int'l (DCA) who were chasing the account in May 2K10. No reply but confirmed as received by Royal Mail. AND they cashed the postal order.!! Follow up letter after 12 days and again after 30 days - No reply to either but Royal Mail confirmed as received. Basically the account became unenforceable on July 15th 2K10 as they did not respond to any correspondence regarding the CCA. Received a standard letter from Allied Int'l on 21st July threatenin
  11. Hi I have now received the SAR documents and I have posted the copy of my CCA that HSBC purport to be the original ? It does not bare any stamp to present this document as the original. Interesting point of reference is that I did not date this document. It looks like my signature on it. However the person that signed on behalf of the HSBC also dated my section. No T&C's contained in this document and cooling off period shown. Infact - No T&C;s enclosed with the SAR pack. How do I ensure that this is the correct document ie, the original. Is the debt enforce
  12. Hi Thanks, We will compose the letter and send off to the bank. The local branch is aware of my Brother in Laws condition. However, this does not translate to Lloyd HQ. For good order and clarity - It was the Lloyd Bank local branch who suggested this approach to managing the account given that there are only 6 payments per month coming into the account, and all Disability Living Allowances. Poorly trained or devious in their training program to grab any and all funds where possible. I will come back with any answers received
  13. Many thanks for your replies. No - my and father in law have not informed the bank that they are trustees of the account. I will write to the CEO of Lloyds to inform him of how shallow his bank is, to use such underhand, deceitful and dreadful tactics. He should be ashamed of his bank. Can anyone suggest a use template to use.
  14. Hi My wife received a letter today from Lloyds advising her that as she had missed her minimum payment on her credit card they have taken it from my brother in law's Lloyd TSB account. He registered disabled, following a stroke and my wife and father in law administer as signatories on his account, to pay for his disability carers etc. In a despicable attempted to up the Anti on my wife and embarasse her, I quote from the letter as follows: "IF THE ACCOUNT THAT WE HAVE TRANSFERRED FUNDS FROM IS HELD JOINTLY, AND A QUERY IS RECEIVED FROM YOUR JOINT ACCOUNT HOLDER ABOUT THIS PAYMENT
  15. I have looked through all of the paperwork supplied by the bank. They replied to me on June 22nd and I quote:- "Please be aware that overdrafts are exempt from the section of the Consumer Credit Act dealing with the form and executions of agreements. The agreement with you does not, therefore, take the form of a single document signed by both parties. It comprises the application form and the account Terms & Conditions, of which you now have two copies." A) Does section 76(8) now come into play ? B) The bank has not supplied any letters or corre
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