M1PLG v Lloyds cc

[Tonka99]

http://i302.photobucket.com/albums/nn99/sexeysarms/take2lltsbcc.jpg

http://i302.photobucket.com/albums/nn99/sexeysarms/take2lltsbcc.jpg

 

[Tonka99]

OMG soz guys , I am having a funny five mins re above post , could someone

please check this CCA out for me

 

Thanks for looking

Tonks:-)

[cymruambyth]

Hi did you mean to post the same page twice?

[Tonka99]

Hi cym

 

No I cant remember how to post links ect , bit rusty will have

to get myself together again lol

 

I have to get my defence together for posting Thursday so really need

someone to check the CCA out .

 

Regards

Tonks:-)

[cymruambyth]

Is there a second page with the t&cs?

[AndyOrch]

HI Tonka

 

It is what it is, an application for credit and if accepted becomes an agreement (their words/terms not mine)

It does not contain the prescribed terms (unless their is a reverse or second page) but its not referred to on page 1.

There is a tick against PPI ? yours or theirs ?

 

Have you got the DN and anything else in response to your CPR request?

 

Andy

[Tonka99]

Lloyds do not keep copies of DN

 

I will post up second page which you will see talks about section 5

I however can not see a section 5 it is a cut & paste job

 

I did tick the box

 

Please bear with me while i try to put link in

 

Regards

Tonks:-)

Edited May 17, 2011 by slick132
typo error

[AndyOrch]

Lloyds do not keep copies of DN (thats what I referred to, no Creditors keep DNs copies)

I did tick the box (being self employed?)

Please bear with me while i try to put link in

 

Regards

Tonks:-)

 

No probs

 

Edited May 17, 2011 by slick132
typo in Tonka's quote - edited on request

[Tonka99]

http://2llyds.

[AndyOrch]

Invalid link Tonks

[Tonka99]

t/c should be here http://i302.photobucket.com/albums/nn99/sexeysarms/doctc2llyds.jpg

[AndyOrch]

They may be the T&Cs or not difficult to decipher.There is no section 5 as stated and on closer inspection it does state on the application see T&Cs overleaf.

I would suspect that most DJs would find that as enforceable.

 

Moving on need to see your DN and Formal demand as referred to in the P.O.C Tonka.

 

Dont worry about the CCA I wouldn't advocate you defending anyway on the basis of the agreement.

 

 

If you can get the above up on your post at your leisure tomorrow, i need my beauty sleep now:sad:

 

Regards

 

Andy

[Tonka99]

Job done

 

Thanks to all xx

 

Tonks:-D

[Tonka99]

Hello

 

Update for this one , I was asked to send my copy of the Default Notice to **** which I did , then have received

a letter asking if I would like to do a Consent Order , also my PPI was not missold !!!! they have sent a Re- Constituted

Agreement which we are hoping will provide you with any additional information you may require in respect of the terms and conditions, also enclosed the relevent revised terms and conditions which took place whilst your card was still open .

 

Regarding unfair charges which have been applied to your credit card , they are part of the terms and conditions you signed when applying for the account .

Enclosed OFT postion on unfair charges as at April 2006 .They are however going to refund the differance a grand total of £60.10 @ 8%

 

Duty to serve notice of sum in arrears . This came into force on Oct st 2008, so does not apply .

 

I have received the AQ

 

Any thoughts welcome

 

Tonks

[gandalfthegrey]

Have you got the DN to post up?

 

If it was issued to you from [approx] 2008 to 2010, chances are very high that it'll be a bad notice.

[AndyOrch]

Hi Tonks I see matters have progressed.

 

Consent or Tomlin Order? Have you received a copy of their AQ? Why was the PPI not miss sold if you was self employed?

Duty to serve Notice of Arrears did come into force 2008 but then again your default was also after 2008 so that wont wash.It may not be retrospective

as they imply but they must comply with the new amendments irrespective.

 

Andy

 

PS you can now PM me if any info is sensitive

[Tonka99]

Hi Andy

 

I am not sure how to proceed I think the counterclaim is valid the PPI was missold the charges are unfair

they have said I didnt say why the PPI was mis sold and have sent new t/cs pity I didnt have them back in 2004

when i needed them !

 

got to go later x

 

Tonks

[AndyOrch]

Hi Tonks

 

You could push this on the PPI alone ,they must not be aware of the recent ruling on PPI. T&Cs are not going to change anything no matter what year there from.

The fact they have offered a Consent is signal enough to show they are not that confident.

 

I will catch you later when you have more time.

 

Regards

 

Andy

[AndyOrch]

Working on your response Tonks should have something completed for you tomorrow.

 

Regards

 

Andy

[Tonka99]

Hi Andy

 

As always the star

 

Am on the AQ at the moment

 

Regards

Tonks:-)

[AndyOrch]

Draft directions will need the addition of :

 

A Termination Notice or in the event of none termination Notice of Arrears.

Further details of the PPI insurance and handbook.

 

Regards

 

Andy

[Tonka99]

Andy

 

All done & dusted

 

Very many thanks again xx

 

Tonks:-)

[Tonka99]

Have just checked the track and trace post office site

"This item is being sent to an address that has a re-direction in place and will take

an extra day to arrive "

 

Well this has been going on for two years now the postcode I used was BN3 7AU

Have sent another letter today special delivery with a differant address & postcode

will let you all know what happens to that one .

I think it is time to report this as you cannot get your money back from the post office

which is £5.45 everytime and your letter does not arrive on time , so folks track & trace

then print a copy of the signature which will have the time and date on it .

 

Tonks

[bazaar]

Also a good way for them to deny receiving any correspondence,

[Tonka99]

Good evening

 

Update for this one

 

After sending a letter to try to settle with a full and final , to which I have had no response .

 

Have a date now for a Allocation Hearing in September

 

Have received from **** their Witness Statement in which they say I have no real prospect

of successfully defending the claim and are seeking Summary Judgment by virtue of CPR 24

 

They maintain that the PPI was not mis sold and the charges are fair .

 

 

Thanks for lookin

 

Tonks:-)