keefyboy - v - Capone

[sunflower99]

Hi Keefy,

 

Am I naive but it says it is an application form

 

GK

my thoughts too!

[Mightyacorn]

From someone who is a complete novice in these things, my thoughts are:-

1) the date of birth, anyone can make a mistake, the question to be asked here I think is - does it in any way resemble your OH's dob ie if her dob is 14th January 1955, I honestly think that it would be quite easy to enter it in as 14 15 55, particularly if when asked your wife replied "Fourteen one fifty five". Then again if your wife filled the card in herself, why would anyone want to alter the date of birth? I can understand altering the year of birth if applicant under 18, but why the month?

2) Although form is headed Application, does the fact that it clearly states at the bottom "CREDIT CARD AGREEMENT" and in the signature block "This is a credit agreement......." not carry any credance?

3) The date, to me, does appear to have been tampered with, but that would only show for definate on the original.

[the_shadow]

Keefyboy,

 

I think the dob issue will be put down to a minor error, as it was the responsibility of the person applying to fill it in I dont think a judge would rule in your favour...

 

Is this all they have sent you... there are no prescribed terms on that agreement to make it enforceable.

 

The prescribed terms are : Credit limit, repayment terms and Interest rate.

 

S.

 

Edit: Oh and if you go back to FOS and say its unenforceable they will say only a court can rule on this which is correct.... I guarantee they will not make a decision either way on enforceability.

[lexis200]

No prescribed terms as the_shadow said - they are mentioned, but they are not mentioned as 'overleaf' or in any other way that could bind them to that document. As such, they'd have to be on the signature side of the agreement to be valid.

 

The only mention made of terms overleaf is the 'use of information' section 23 bit - this is not a prescribed term so not much use to them.

 

Again, as t_s said, unless they can send you a set of terms that link in some way to the front of the application that they have sent you (ie reference numbers etc), then this is entirely pants. Even then I'd have my doubts as they don't reference anything as being elsewhere, so it'd be highly dubious if they were on the back.

[lexis200]

Keefyboy,

 

I think the dob issue will be put down to a minor error, as it was the responsibility of the person applying to fill it in I dont think a judge would rule in your favour...

 

Is this all they have sent you... there are no prescribed terms on that agreement to make it enforceable.

 

The prescribed terms are : Credit limit, repayment terms and Interest rate.

 

S.

 

Edit: Oh and if you go back to FOS and say its unenforceable they will say only a court can rule on this which is correct.... I guarantee they will not make a decision either way on enforceability.

 

Yup, agree there too. TS might be a little more helpful - I know angel1 has had them agree with her about enforceability (or rather lack of it) with one or two of her agreements. I'm not sure what they'll do if they do think it's kaput, but maybe have a word with her and find out?

[keefyboy]

sorry I have not come back earlier, but wife decoded to do a sickie on me... she's ok now thanks.

 

I have read all your posts and you have managed to find more than I did, so a big thanks

 

I have now requested to see if someone up top can have a read through and advise me as what to do next.

 

For th info of whoever reads ths for me, I have sent a second request for all the info required by a SAR and am awaiting their reply back.

[steven4064]

Hi Keefy,

 

Am I naive but it says it is an application form

 

GK

But it also says it is a "credit agreement regulateed by the consumer credit act 1974"

 

The dates are suspicious but not enough in themselves to make the agrement unenforceable as dates are not prescribed terms.

 

More important is the absence of prescribed terms (credit limit, interest rate and payment terms). Without these it is unenforceable.

 

If the prescribed terms are also not on the T&Cs they sent alongside the 'agreement' they sent, then neither does the 'agreement' constitute a "true copy" (which they will claim is what they sent) and they are in default of their obligations under s78 of the CCA 1974.

[keefyboy]

Thanks for getting back so quick Steven

I am asking for guidance on this one now, what do you think would be my best course of action please

Going to court and get it made unenforceable if they don't supply a correct one with the second SAR request ??

 

or another way....??

 

KB

[keefyboy]

Well guys, guess what Capone failed to return the req'd documentation by 4pm today, I even gave them a second chance to send me ALL of the required elements of a Data Protection Act request.

 

I think I have been fair to them, patient with them, even considerate, to give them a second chance to forward the correct documents to me. so they have now Pi:mad::mad:ed me off just a little bit too bl**dy much and now its my turn...and as the saying goes "To do to them wot they do to thee,"

 

But I'm not going their route, firstly on everything it will be 2 counts (His & Hers).

 

Tomorrow I find and print off the relevant court papers from my LawPack CD. and as soon as I get some dosh, off we go for a Nottingham awayday, (I think the misses might agree to take me, 'cause one of the TWO claims I will be putting in is for her credit card with cap1) and we might even see GK's cafe is like... if he's in..... will yer be GK ?? I've heard it's an old Rockers style Cafe for bikers, but do they let skinheads in I wonder, but mines natural GK... so is it still open.....?

 

Revenge is sweet says KB and I will not be giving up...

 

so Guys, can someone just confirm that the form I need is an N1

[steven4064]

Yep N1 - you can download it from here

[GamekeeperToPoacher]

Hi Keefy,

 

Of course I will be in - I wouldn't miss it for the world.

 

Now the cafe is very exclusive and very expensive

 

It is NOT available to workers from Cap 1 and the coffee is the finest kopi and the sandwiches are similarly expensive.

 

However do not worry I understand that you can claim for expenses against Cap 1 and I would suggest that £200 per head will just about cover it.

(Exclusive of service charge )

So I take it you would like to reserve 15 places?

Made up of:

Mr and Mrs Keefy

Driver

Nurse

Legal team (10)

Buddy

 

I look forward to doing business with you.

 

 

GK

Oh and can you please sign the attached credit agreement?

[keefyboy]

But what happened to the V(surname) Added Tax ???

[keefyboy]

Good morning to one and all.

 

I have prepared my N1 for filing at court this week (hopefully) could someone give it a check over and answer the following questions.

1/ What do I put in Value please ??

2/ The amount claimed box, do I just enter the figure of £95 in thereand mark court fees as Nil as I will exempt and cross out solicitors fees please ?

 

3/ the final box, do I add my telephone # and email addy ?

 

 

here is the N1

 

The wording of the N1 was mostly copied from Silverfox's form, with his permission..

 

 

 

Can someone up top please check the form over for me and answer the questions please.

 

KB

Edited June 26, 2009 by freakyleaky
Removed section showing account number.

[car2403]

1/ What do I put in Value please ??

What is the value of the claim? It is the value of the damages you are seeking to recover. To stop the Court thinking you're just having a laff, I'd highly recommend keeping them extremely reasonable - anything over £150 including Court fees and you risk the real reason for the claim getting lost, which is that you want an order enforcing their compliance with the request. The reason you go for damages as well is to ensure you're allocated to the Small Claims Track, where you're not risking costs going against you. (Not that you can't win this one...)

 

2/ The amount claimed box, do I just enter the figure of £95 in thereand mark court fees as Nil as I will exempt and cross out solicitors fees please ?

See above regarding the value.

 

As for fees, you still have the fee to pay, it's just that you're applying for remission. You'll need to send the N1 with the fee showing, along with the application for remission, in which case the fee is waived. You won't know if it is waived until the remission application is dealt with, so it needs to stay on the N1

 

3/ the final box, do I add my telephone # and email addy ?

 

Yup.

[keefyboy]

Many thanks Car2403, I will adjust my form accordingly and get it ready for paypay (as I have to send a fee in with the form) at the end of the month. Many thanks again

KB

[keefyboy]

As I have 2 different cases on here, do you think I should open a new thread and transfer over the Lloyds TSB card as it is now starting to kick up and I don't want caggers getting confused, as well as myself..?

[silverfox1961]

Seems sensible to do that. I get confused very easily

[beachcomber60]

KB,

 

If I were you I'd remove your account number from tje above document

 

Beachy

[freakyleaky]

KB,

 

If I were you I'd remove your account number from tje above document

 

Beachy

I have removed it for now. Thanks BC.

[citizenB]

As I have 2 different cases on here, do you think I should open a new thread and transfer over the Lloyds TSB card as it is now starting to kick up and I don't want caggers getting confused, as well as myself..?

 

Yes, start up a new thread. If you want any posts moving over to the LTSB thread, pm me with a list and the link to the new thread and I will do that for you.

[keefyboy]

Thanks freakyleaky, I did not see it on there, thats some problem when you are only partially sighted, I try my best.

 

KB

[beachcomber60]

Thanks freakyleaky, I did not see it on there, thats some problem when you are only partially sighted, I try my best.

 

KB

 

Thank you Beachy for bringing it to the attention of the site team.

 

Its a pity it was on full view for 4-5 days before I noticed it !

 

Beachy

[keefyboy]

sorry all, especially the site team and thanks for your assistance with deleting bits. I've not been in best of health for a few days, now got further complications because of my diabetes which have been on my mind to add to all my other problems..

[citizenB]

KB, LTSB posts removed and rehomed in your new thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/206517-keefyboy-lloydstsb.html

 

[keefyboy]

Hi guys and girls

Well a funny thing happened a large letter suddenly arrived the other day ( sorry I have not been too well to keep updating the thread), when I opened it I got the shock of my life there must be over 300 pages of papers from my favourite Credit card company...... spit spit

 

Finally they have sent me what appears at this stage, all the paperwork I required under the SAR request. Funny how they have sent it after the FOS complaint has been sent to them.

 

I have seen one difference already, and thats without checking it properly, the alledged True copy of the agreement they sent me, firstly under the CCA and then secondly the CPR rules, is completely different to the one they have sent me now, and also there is no terms and conditions on the back of it or, from what I can see at the mo, any reference to the second sheet which is the alledged T&C's. The T&C's are also different to the first and second ones they sent me...... so the good old magnifying glass is going to get a lot of use now.

 

So at the mo, from one quick glance they do not have an enforceable agreement.... we can hope