Lloyds v Me

[Viano]

I am saying that the form is not filled in in my hand writing, that it may have been filled in by bank personnel, at the bank and I MAY have missed the check box relevant to my marital status.

 

I am saying, and it is clearly stated on the application form that the card applied for was a Lloyd Platinum Card and that the claim is against a LLoyds Asset Card. I have never had a Lloyds Asset Card

 

Viano

Edited September 22, 2008 by Viano

[steven4064]

Does the account number/card number on the claim match the number on the card you have?

[Viano]

There is no Card/Account number quoted in the Particulars of Claim just a card name.

 

I'm sorry, I'm not trying to be obtuse, but you have the basics of the PoC as I have them.

 

V

Edited September 22, 2008 by Viano

[steven4064]

I'm trying to help the best I can but I don't have time to read the whole thread

[popeye1]

Can you post thePOC with personals removed.

You say that a ref No on the poc is the same as a card No

Are any charges there

[Viano]

Hi Popeye,

 

There are NO Card numbers OR Account numbers within the Particulars Of Claim, Only the name of a credit card and that credit card a Lloyds Asset Card I have never been issued with.

 

I will post the full POcs in the morning.

 

V

[Viano]

Particulars of Claim

 

1. By an agreement in writing & regulated by the Consumer Credit Act 1974, the Claimants issued to the Defendant a credit token, Lloyds Asset Card, for the purpose of the Defendant acquiring goods/services on credit.

2. Clause 7 of the agreement provided that the Claimant would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made & the date for the payment. If the paymentwas not paid, then provided the Defendant made the minimum payment on or before such a date, the remainder of the balance should remain outstanding & the Defendant should pay interest on it per month in accordance with clauses 8 & 9 of the agreement.

3. In breach of the agreement, the Defendant failed to make payment & on 24/08/07 the Claimant issued a Default Notice pursuant to section 87(i) of the Consumer Credit Act 1974

4. On 16/11/07 the Claimants did issue a Formal Demand to the Defendant.

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT: *****.**

 

Popeye, they are the full PoCs

 

Can someone please tell me how soon I must inform the Court of my intentions?

 

V

[steven4064]

You have to acknowledge service within 14 days. If you do, then you have 28 days from the date of service to file your defence

[popeye1]

Sorry but i thought you said in earlier post that a ,,ref No on the POC related to something you had or recalled.

Again any charges involved.

Have you had a default letter

[Viano]

Popeye,

 

1. There is no reference number in the Particulars of Claim.

2. I can't say as I have never had a Lloyds Asset Card.

3. Not for a Lloyds Asset Card.

 

What I need urgently is advice on filling in an N244 PLEASE ie:

 

Part A (2) "State clearly what order you are seeking and if possible attach a draft

 

Part A (3) "Briefly set out why you are seeking the order. Include the material facts on which you rely, identifying any rule or statutory provision.

 

Part C I (We) wish to rely on the following evidence in support of this application:

 

My problem is that I can't prove a negative. I HAVE NEVER HAD A LLOYDS ASSET CARD, how do I explain this to the Court

 

Viano

Edited September 24, 2008 by Viano

[FANTASY CHARGES]

Hi Popeye,

 

Yes, all I got back was a negative of the Application/Agreement form for a Lloyds Platinum and statements going back to September 2002 for a Mastercard- not a Lloyds Asset Card, sorry to be pedantic but this might all be relevant.

 

Viano

 

 

errrrrrrrrrrrrrrr statements going back to september 2002

and terms and conditions effective fom october 1 2002 ????

see below ??????????????????????

 

 

methinks these are not the original terms and conditions ????????

 

 

[FANTASY CHARGES]

these terms and conditions clearly state they are the banks copy

 

if these terms and conditions ever were on the reverse of the agreement it would never have such sloppy terminology --- because when they sent the agreement to you --- for signing ---- it was not -- whilst in your possession (theirs !!!) until returned to the bank

 

my conclusion is that this set of terms and conditions are for when someone applies for a credit card in the banks premises

 

on reading the above further it does mention the customers copy is somewhere else and says these are just some of the conditions for your classic gold and platinum credit cards

 

also the terms and conditions has a vertical number 00608 to the left and 00609 to the right -- methinks this bit of microfiche was used to store terms and conditions only clearly this microfiche has the ability to stor 99999 items and yours is only 00608 --- meaning only 1/200th of the micofiche is used -- we need to see images 000607 and 00609 k

Edited September 25, 2008 by FANTASY CHARGES
edited

[Viano]

Thanks FC for your reply.

 

I have said (or at least inferred) elsewhere in this thread and said so in post 47, that I was concerned about the hand writing on the application form, but is it significant that it was filled out at the banks premises and that I signed it there? After 6 years I can't remember where it was signed.

 

I took it as 00608 was the application form & 00609 was the T's & C's, why would it be significant to see the Microfiche on either side, and how could I get sight of them?

 

I've just looked at the copy they sent me, it was signed in Feb 03. So little hope there then!

 

Viano

Edited September 26, 2008 by Viano

[FANTASY CHARGES]

IF YOU WERe given a job by your boss in a bank to micofiche say fifty application forms , do you honestly think you boss would tell you to micofiche the application form and the banks copy of the terms and conditions EVERY TIME , when the terms and conditions are all the same !!!!

 

just plain wasting space on the micofiche "you idiot" the boss would say -- remember they did not have a degree in hindsight then ; as they never thought the validity of the agreement would be brought into question ..

 

lets get some input from others on the matter

 

it's the weekend and hopefully the cavalry will return to base soon to give their views.

[FANTASY CHARGES]

Have you done a dsar - data subject assess request yet to see the statements etc

 

1. that agreement seems to be printed in january 2003 (see bottom right)

 

2. on your agreement there is something you have allegedly written in 21 years and no months ...... are you the type of person to answer that question exactly or roughly ??? ..... trying to work out if you genuinely filled it in.

 

3. this third point at first seems pretty stupid but both the agreement and the terms and conditions documents have rounded corners -- in the hundreds of documents i have seen i have never seen one with rounded corners ,,,,,, is this common for this company maybe check other threads

[Viano]

No I hav'nt done dsar, but I have the statements under a CPR.

 

1. Yes but it was signed 02/03

 

2. That was how long I had lived at that address.

 

3. The corners are rounded because, I think, that that is the Microfiche frame.

 

I'm pretty sure that its not my writing, but if it was filled in at the Bank they may well have filled it in and the handed it to me to sign.

 

I have had my copy of their copy examined by a forensic document expert, all they can say is that the signature is similar to mine, that because of the quality of the copy (Microfiche) they can't confirm that the signature has been electronically been transferred or not, and that they have known the Banks to do this, that is "lift and copy signatures".

 

Thanks for examining the application & T's & C's so closely, have you seen any mention in these docs to say that I applied for a Lloyds Asset Card, or that they would supply me with a different card to that applied for.

 

The pressing problem is that I am being sued for the use of a Lloyd Asset Card. I have never had an Asset Card. Now, how do I prove that in Court???

 

Viano

[FANTASY CHARGES]

Hi Popeye,

 

Yes, all I got back was a negative of the Application/Agreement form for a Lloyds Platinum and statements going back to September 2002 for a Mastercard- not a Lloyds Asset Card, sorry to be pedantic but this might all be relevant.

 

Viano

 

SOMEONE WROTE A REVIEW ABOUT lloyds platinum asset card in 2001

 

which offered sweeteners was yours a platinum one ,,,, or a lower grade ?? meaning non platinum ??

 

"Full reviewLloyds TSB recently issued me with one of their Asset Platinum cards. This came as quite a surprise to me as I only earn £15,000 a year, and was under the impression that a Platinum card holder had to earn a fair bit more, but having been a good customer for a number of years (and spending a small fortune each year with Lloyds on other financial products) welcomed the offer.

Two weeks after applying, my shiny new Platinum card duly arrived, along with it's not unsubstantial £3,500 credit limit. So far it seems like a great piece of plastic - 3.9% APR on transfer balances and a very competitive APR on purchases. There's no annual fee, and, I must confess, it's a bit of a status symbol really. I can actually convince friends and clients I'm slightly minted as I have a Platinum card, when actually I don't earn a small fortune or drive around in a Mercedes. But hey, works for me.

Asset doesn't offer any reward scheme as such for using it's card, which in a way is a shame, as I'm a bit of a sucker for collecting points, being the kind of guy who buy's 4 packets of Jaffa biscuits from Sainsbury's to get the double Reward Points, then feeding them to the labrador as I can't stand them. What you do get with Asset though, is discounts on hotel rooms, car hire and crossings to France. Great if you plan to hire a car, pop over to Calais and stay in a Thistle hotel. Not so great if you want to buy stupid amounts of Jaffa cakes.

So, if you want some 'plastic respect' get yourself an Asset Platinum and live it up for a while. Just try not to forget you have to pay it all back again... "

 

what iam suggesting is they have /had different terms and conditions for different types of lloyds asset cards ??????

 

just a theory

 

LloydsTSB Visa Card - Review - Asset Platinum Visa

Edited September 26, 2008 by FANTASY CHARGES
missing link

[Viano]

Hi FC,

 

Sorry for the delay in replying.

 

I think I can see what you are aiming at, but, in the PoCs it does not define anything other than Lloyds Asset Card and the application/agreement is for a Platinum card and no other, so my defence must be on that fact. That fact being I have never applied for, recieved or used a Lloyds Asset Card. How do I prove a negative?

 

V

[FANTASY CHARGES]

Hi FC,

 

Sorry for the delay in replying.

 

I think I can see what you are aiming at, but, in the PoCs it does not define anything other than Lloyds Asset Card and the application/agreement is for a Platinum card and no other, so my defence must be on that fact. That fact being I have never applied for, recieved or used a Lloyds Asset Card. How do I prove a negative?

 

V

 

NOW YOU NEED TO GET CONFIRMATION FROM OTHERS on this site

 

who have helped you so far pt2735... etc

 

but you state something along the lines of

 

i DENIE that i have ever had a xxxxxxxxx account and put the claimant to strict proof therof

 

it is not for you to prove xxxxxxxx it is for the claimant to prove

you simply denie and ask for strict proof therof

 

have a look at one of pt's embarrassed defences sometimes called a holding defence

[Viano]

Hi all I'm back for more advice please.

 

I have now received a Notice of Hearing set for 30th October 2008, 20 minutes has been allowed.

 

I did not lodge a defence for the original Hearing so what do I have to take for this one?

 

PoCs are detailed in post #57 and as has been stated earlier, I have never applied for, received, or used the "Credit Token" I am being sued for!

 

What do I do now? Do I need to take a defence, if so what defence, send a witness statement, ask for proof of the account from SC&M......

 

Sorry to sound confused-but I am!

 

Viano

[steven4064]

You say you didn't put in a defence for the original hearing, did you put in a defence to the POC in post #57?

[Viano]

Hi Steven,

 

No, Ive posted no defence at all.

 

V

[steven4064]

The chances are then that you will get judgement against you by default as you have offered no defence. It's a bit late now as well.

 

You could try putting together a witness statement based on what people have posted sonce post #47. Your defence is that you have never had such a card.

[pt2537]

as long as the application to set aside is made within 28-30 days of the judgment then you may have a chance, however, you will need to have a valid reason for setting aside the judgment and a valid reason for not submitting any defence

 

there is a couple of High Court judgments that set out the time frames for this

[Viano]

To whom do I send a witness statement?

How soon should I send it, or do I take it to the Court?

Should I ask SC&M for proof of the issue of this card

Should it be in "legalese"?

 

The lack of defence was a mess-up on my part!

 

Honest gov I have never had such a card. And that's the truth

 

V