Is this CCA valid?

[RubyRose]

I would like everybody's opinion on the validity of the attached LTSB credit card CCA.

LTSBCCAcreditCardp2.pdf

LTSBCCACreditCardp1.pdf

[RubyRose]

Can somebody please take a look and reply

Thanks

Ruby

[pt2537]

Hi there

 

Well it has the prescribed terms by the seems of it, but there are two issues that i would have with it.

 

1 its not easily legible and therefore non compliant with the Copy Document regulations

 

2. the Terms and Conditions must be linked to the signed page, now on the bottom of the front page, it has a direct debt mandate, yet on page two it shows the writing going all the way to the bottom, which makes me think that those T&Cs are from another document and not part of the original

[RubyRose]

Thanks PT2537. How should i deal with it. What should i say to LTSB. Any ideas, would be most appreciated.

 

thanks

regards

Ruby

[RubyRose]

I have not had much help on this - can you good people please help one very nervous newbie.

 

Ruby

[**Tilly**]

Hi Rubyrose

 

Try not to worry i will ask for someone to come and have a look for you.

 

 

[RubyRose]

Thanks Tilly

Ruby

[rory32]

Simply send them the following letter. Once we have something more legible to look at we can identify whether the t&c's of the account are linked to the application or not - at the moment it would appear that they are not linked which would make the agreement unenforceable.

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974.

 

I note that you have replied to the above by sending an illegible copy of the application form. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

 

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in 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, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

Yours faithfully

 

 

Print name do not sign.

[RubyRose]

Thanks Rory - I can sleep in peace tonight.

 

Ruby

[adamski]

My thoughts for what they are worth is that the documents are linked because they both state Asset Gold or Asset Gold Card at the top of each form so I beleive apart from the legibility issue that it is enforcable.

 

I believe rorys approach is one i would take.

[RubyRose]

Thanks Adamski - I am a bit puzzled as it says bank copy on the T&C's but it does not say bank copy on page 1 which i think it ought to have said. What are the thoughts on this.

 

Ruby

[RubyRose]

Anybody care to throw some light on the following. As i mentioned that in theT&C it says 'bank copy' but not on page 1 and page 1 says 'if your application is accepted by ...then this will form the agreement made.'

 

Please all help needed as i have now received a letter Sechiari etc.

 

Ruby

[RubyRose]

i had forgotten to add that i did write to LLoyds based on Rory's advice and i am yet to hear from them. Don't abandon me.

Ruby

[sutherland]

The documents also have different addresses given for Lloyds TSB. The agreement page has a postcode ending 4BE and the T&C page has 4UZ. Surely the party to the agreement should have an identical address on both pages.

[RubyRose]

Thanks Sutherland I shall bear that in mind

Ruby