Phil Vs Lloyds (Credit Card) See my CCA Copy

[omoeko]

Hi all,

 

I have started a claim against Lloyds and requested a copy of the CCA, I was searching down the house and I bumped into some documents which I suspect might be the CCA for the credit card which I have with Lloyds.

 

I have sent CCA request letters for 2 other loans which I have with them, can someone please check the attached CCA's to see if I have any chance against Lloyds.

 

Although I have requested a signed copy from them, I just want to grade my chances to see if the one which I have is enforceable.

 

The credit card comes with the corresponding airmiles card as well, looks like I have 3 documents attached

I currently have a balance or around 6k on it at the moment.

 

 

[angel_1]

Hiya

 

hello and welcome

 

i can see this is one of your initial posts

 

i didnt want you to think no one was bothering with your post, so just wanted to say hi and im sure others will come along too later or by tomorrow

 

i personally dont have full knowledge on lloyds and what the info you posted actually means, but what you have posted looks like the pre stuff they would have sent you, but you do need to see what you actually signed as a credit card agreement or your loan agreements when they send you this back and also remember allow them 12 days working day i believe, and then put the matter into dispute,

 

i would recommend you go to the lloyds section and see what other threads look like and gain as much info for yourself as you can, read and read as much as you can and keep posting here

 

 

for future ref, if you dont get a reply, just post another messge with the word bump and it will get updated to that days new posts and then you may get someone to come and help you

 

take care and keep posting on this thread for any other questions you have on these lloyds issues

 

laters angel x

 

 

[omoeko]

Hi All,

 

Does anyone have any update on this one.

 

Thanks in advance.

[angel_1]

hiya

am really sorry no one of any legal background or personal knowledge has come forward yet,

 

did you take a look at other threads that my match the info you have?

 

i will keep an eye on this for you and if no one has yet come by i will try and alert someone i know to take a look for you

 

take care laters angel x

[JGJ]

Bumpity Bump.

[omoeko]

Hi All,

 

I sent lloyds a Credit card CCA request since the 15th of January 2009, I have heard nothing yet. when i sent same CCA request for the loans, I got something back later.

 

Can someone advice me on what to do here, I have had the Credit card du for sometime now and dont remember signing any agreement.

[johnsax]

Hi can you let me know where you sent the claim to?

[omoeko]

Here is the address mate:

 

Credit Card Concerns

Lloyds tsb

5th floor

1 - 9 GLOUSCESTER PLACE

SUSSEX HOUSE

BRIGHTON

EAST SUSSEX

BN1 4BE

[johnsax]

Thank you

[omoeko]

Hi All,

 

After waiting and waiting, lloyds have finaly replied my request for the credit card CCA, they sent me 2 sets of documents, they look quite similar, I believe one is for the main credit card and the other one is for the airmiles due card or so.

 

They are also saying they will not entertain any more communication with regards to this matter, which to me looks a little bit dodgy, on the other side, I have noticed that most creditors dont tend to place account in dispute when matters like this arise, is it wroth arguing ones case over the phone as to why the account should be in dispute until it is resolved or strictly put it in writing, as they dont tend to accept any guilt.

 

See attached document, if I need to put up the other set of documents, please let me know.

 

[cymruambyth]

DO NOT SPEAK TO THEM ON THE PHONE. If correspondence is on paper you have a record!

I think you should post the CCAs that were sent, minus personal details, so that it can be checked if they are properly executed, for example the t&c should be the ones issued with the agreement and shouold be included within the 4 corners of the document. When were the cards issued?

[omoeko]

Hi cymruambyth,

 

This is all I got from them, nothing else. Well apart from another bunch of other documents for the airmiles duo, looks like a replica of this one.

 

Should I post it ?

[cymruambyth]

Sorry, re-read everything; the letter states that they have sent a copy of the current t&c, when was the alleged card taken? As your signature is not on the documents I think they would have to be able to produce the original in court to enforce it (though this possibly depends on whether the person hearing the case knows the law...)

[omoeko]

Hi,

I cant remember exactly when i took this card, but i think it was back in 2003/2004.

 

Also, the terms are the documents that I have attached, is that sufficient enough ? and also is it just the signature that we are looking for here ?

[SkemDosser]

Looks like some cobbled together stuff to me. If they had anything with your signature on it, I'm pretty sure they'd have sent it [like they did to me groan lol]

[SkemDosser]

Sorry, re-read everything; the letter states that they have sent a copy of the current t&c, when was the alleged card taken? As your signature is not on the documents I think they would have to be able to produce the original in court to enforce it (though this possibly depends on whether the person hearing the case knows the law...)

Yep originals must be shown under CPR procedure but of course it's up to you as the defendant, if it ever goes near a court, to make sure the judge is well aware of that; quoting relevant legislation should wake them up sufficiently

[omoeko]

Ok Ladies and Gents

 

I am not familiar with the process, but obviously learning from Guys like yourselves, lets say they cannot still find the document as it looks like in the first letter, but it looks like they have sanctioned a search.

 

I have a payment plan setup for 6 months @ a nominal interest rate, at the current rate, it will take 7 years to fully pay off, but I am sure this is just a temporary thing. In other cases, will one just say, well you cant find the documents, I'm not paying up !!

 

As I am thinking, if they do not have the document, what normally happens in summary, will they ask for a settlement from myself etc as they know that i shouldnt pay anything if its unenforceable ?

 

 

also, if if goes to court, how will I know if they have the real document or they just waiting till it reaches court then show the real document,then I will get a shocker and pay court fees as well.

[Nottsdave]

if they had the right documentation you would probably already have the court papers.

If they dont come up with a enforceable agreement you can legally withold payment.

They might offer a settlement figure but why pay this if there not entitled to collect ?

Unlikely to go to court without correct documents.

 

But the debt still exists

 

Good Luck

 

Notts

[omoeko]

We have not reached court stage yet, as the day is still quite early. What I want to know is this, since they have threathened not to enter any correspondence anymore with regards to CCAs.

 

Looks like they might want to pass it on to a DCA. might fire them the letter above

[cymruambyth]

If it gets farmed out to a DCA there are a couple of nice 'bemused letters' that usually get the accounts sent back

[SkemDosser]

Omoeko: also, if if goes to court, how will I know if they have the real document or they just waiting till it reaches court then show the real document,then I will get a shocker and pay court fees as well.

 

If they had the original [or a decent copy of it] I think it is 99% certain they'd have sent it to you. They may be still be looking for it, who knows something may turn up but I would say it's very unlikely.

 

If they have a kosher agreement it will be to hand and they will forward it to you if only for the satisfaction of shutting you up, and focussing your mind on repaying them. 99.99% of the time I reckon they neither have the resources nor inclination to play games although of course you always have to be ready for worst case scenario

 

Here's a link to my thread- it's an enforceable agreement by all accounts although its very doubtful the original exists. I think I've suffered bad luck rather than the bank's good management but there you go! The fact is they had it, and sent it on the first off, which I think is a useful lesson in itself. Have a look anyway.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187852-skem-lloyds-tsb-sechari.html

[omoeko]

Guys, loyds sent me a form today asking me to provide details if income/expenditure and to also make them an offer based on income/expenditure.

 

Not too sure what to do here especially with the CCA situation and the fact that I'm couple of months in arrears. In cases like this, what will the bank do ?

[SkemDosser]

Guys, loyds sent me a form today asking me to provide details if income/expenditure and to also make them an offer based on income/expenditure.

 

Not too sure what to do here especially with the CCA situation and the fact that I'm couple of months in arrears. In cases like this, what will the bank do ?

Well I suppose it's crunch decision time lol

 

If you want to come to an arrangement with them and pay a reduced amount monthly, send the IE and a proposal and sit back- eventually they'll accept it if it's reasonable for your personal circumstances.

 

However if after considering the info in these forums you think the CCA copy sent to you hasn't got legs and feel steely enough for a punch up if it happens, tell them you consider the account to be in dispute and they can take a walk.

 

Personally I don't think you've got anything near as enforceable as mine and as it looks like you're pretty certainly going to be defaulted no matter what, I'd be tempted to go for the second option. It's a risk, but unless you want to pay them ad infinitum through an arrangement, any action outlined on here is exactly that, a risk, in varying degrees.

 

Again I stress this is a PERSONAL opinion- others may think differently!

Edited March 11, 2009 by SkemDosser
typo

[omoeko]

I see what you mean, what they have also said is that if i decide to make them an offer to pay every month, the account will be cancelled. So this means thats I might end up paying a debt that is unenforceable in the first place.

 

The thing is, I dont want them adding charges or anything else onto the account.

[SkemDosser]

I see what you mean, what they have also said is that if i decide to make them an offer to pay every month, the account will be cancelled. So this means thats I might end up paying a debt that is unenforceable in the first place.

 

The thing is, I dont want them adding charges or anything else onto the account.

This is the point you've reached really- don't pay them any more and put the ball back in their court [a calculated risk but one loaded in your favour I would say] or pay a reduced amount and the account trundles on, and by that I assume you are intending at some future date to try and pay it off [i don't know how big a debt it is].

 

So far as the charges go, knowing Lloyds they'll add them anyway no matter what, they did to me. But it may be academic anyway to you, if you stop paying in the knowledge that it's unenforceable and/or you were never going to be able to pay it off anyway. It just becomes figures on a piece of paper really.