OH v BLS/LTSB

[r&b]

Thanks citb, one other question.......

'application form ...actually became a credit agreement when it was signed by both you and the bank'

Is this correct?

THank you

 

does it contain all the prescribed terms required for a credit agreement??

 

added: also IGNM put me onto this, used for a similar situation:

 

6. The Claimant has failed to produce a copy of the original agreement. It has produced a document headed “ Credit Agreement Regulated by the Consumer Credit Act 1974” which in the course of its’ text, refers to “please complete your application”, in which vein the document continues in its form and content. There is no evidence of any agreement. This document cannot both be an application and an agreement. Under the terms of the contra proferentum rule any ambiguity should be construed against the party that seeks to rely upon it. Here the document was not drafted by the Defendant and it is the Claimant who seeks to rely upon it as being an agreement on which the debt was enforced. Consequently, it is submitted that the document should be construed as not being an agreement at all.

Edited September 4, 2009 by r&b
added:

[cymruambyth]

Excellent, just what i was lookng for. I can't tell if it has all the prescribed terms as it is not legible. However, the clearer copy of t&cs that they gave me has different clause numbers from those on the poc:confused:

[cymruambyth]

No AQ from [problem]

[citizenB]

No AQ from [problem]

 

When was the filing date ?.. you should allow the courts 5 extra days due to backlog. Phone them again say... Friday.

 

The court may well write to them giving them another filing date.. in my case they wrote saying if LTSB hadnt filed their AQ by a date 10 days from the General Order, then their defence would be struck out..

 

Which reminds me.. I must phone the court

[cymruambyth]

Thank you, will add it to my list of to-do jobs. If only:)

[cymruambyth]

Both AQs received by court and going before judge for directions (why isn't there a smilie for fear?)

[cymruambyth]

Oh dear, I had forgotten about my SAR from June! LTSB have sent some paperwork but have yet to send any statements or letters relating to this account. As they have sent some informatio I think a letter straight to the ICO is in order plus a copy for my defence file.

[cymruambyth]

Interesting, going trough the data that they have sent, entries confirming that they do not have a copy of the agreement and an entry that says...

'req props or claim will be issued, if he writes back to say claim will be defended, refer to agent as court will not grant jud'

[citizenB]

Interesting, going trough the data that they have sent, entries confirming that they do not have a copy of the agreement and an entry that says...

'req props or claim will be issued, if he writes back to say claim will be defended, refer to agent as court will not grant jud'

 

Hmmm, so we take that to mean .. that the court will not grant judgement in their favour ??

[cymruambyth]

That was my interpretation. I may be misguided however I think I may have to ask for an explanation of the abbreviations at some point;)

[hunterandthehunted]

Final draft unless anyone has any suggestions. Please and thank you

 

This amended draft has now been posted and deleted, so [problem] can read their own copy and not this one :D:D:shock:

 

 

cymruambyth

is there any chance of you pm the draft to me as i will be at this stage soon.

i will understand if you dont.

regards

h

[cymruambyth]

No problem, it'll be way on its way soon, when I find it!

[citizenB]

Both AQs received by court and going before judge for directions (why isn't there a smilie for fear?)

 

"eeek" is the best I can do

 

That was my interpretation. I may be misguided however I think I may have to ask for an explanation of the abbreviations at some point;)

 

 

They should have supplied a list of the codes they use with the Subject Access Request.

[hunterandthehunted]

No problem, it'll be way on its way soon, when I find it!

 

thanks received safe and sound...

[cymruambyth]

Surprisingly that one wasn't listed!!

Still nothing from court, will ring again on Monday.

PS I don't think can sum up the fear that creeps up on occasion

[jayjay11]

I have my own thread about my 'trip' with LTSB. CCa 1974 and credit cards Can you tell me cymruambyth what file information you got and notes in responce to SAR ?? as i only got an incomplete set of copy statements and the current T&C's

Edited September 21, 2009 by jayjay11
cant get the dam link to work lol

[cymruambyth]

Hi jay, how much information did you request? I sent a letter requesting the world! I got my information in bits. I'm going out now but will post what I have received and the letter that I used. If you haven't sent the same letter, you can always send a reminder and stipulate what extra information you are requesting.

[jayjay11]

Hi CYM i sent the standard SAR letter and also a follow up saying they hadnt complied by not sending info of maual intervention on the account. they replied by saying they didnt keep records of that type but work was involved and time spent when they had a apayment returned!!!!

[cymruambyth]

This is the SAR I sent:

Data Controller

Lloyds TSB Bank PLC

Compliance Dept

Mountbatten House

Military Road

Chatham

ME4 4JF 2009

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

 

ACCOUNT NUMBER:

Please supply me with all data that you hold on me. This request refers to the afore mentioned account and any other accounts that you may hold information on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Lloyds TSB.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

They have sent loads of computer print outs, explanations of terminology, print outs of times of letters and calls, though not the actual DN. I haven't seen my CCA and I didn't get t&cs

[cymruambyth]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/159815-cca-1974-credit-cards.html

 

jay I guess this was the link you were trying to c & p, you need to copy address bar to get the link to come up.

C

[jayjay11]

Thanks and hve used the letter so see what they come up with

[cymruambyth]

Good luck and don't forget the 40 days.....just because you have sent an amended letter doesn't mean that the clock has stopped ticking;)

YOu can send your complaint to the ICO who may charge them ahhh. Otherwise you can take them to court to gain the information,

[cymruambyth]

Oh well case is with DJ, but they have a backlog and have put measures in place to remedy this. Should get looked at in the next couple of weeks. I wonder if they are waiting to see the results of the test cases?

[citizenB]

I think they are genuinely backed up. My own court has a delay of 10 days at the moment

 

Having said that, there does appear to be quite a few claimants asking for stays or extra time at the moment.

[cymruambyth]

Still all quiet on the court front...............

However have had a follow up letter re SAR.

Unfortunately, we have not been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement.. If you take this matter further, we are confident of our ability to be able to prove this.

Copies of DN and enforcement notices are not saved by customer name so copies will not be fouind as part of a DSAR.

In common with other businesses, we do not provide a precise breakdown ofhow we arrive at our service charges. Dates and amounts of charges will be shown on your statements.

With regards to your cc statements, in accordance with our retention periods we do not hold any statements prior to this date. As your cc account was transferred to our Consumer Debt Recovery dept in xx 2003 there are no statements available after this date either.