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    • Ok so Starling came back to me and said they have made some changes on my account and I should now be able to use the 'switch' option. I have a Monzo account which I opened when I opened the Starling account, but I have not used it as yet because I was happy with Starling. I feel like I am seriously running out of options. If Monzo do the same as Startling and let me set up all my direct debits and standing orders etc and then tell me they're closing my account in so many months, what do I do then? Where do I get a bank account?  I have applied to Nationwide, got the account set up and all the details etc. Then today received an email saying sorry they were not going ahead with the account and it would be closed today. They didn't give me the option of a super basic account. I have tried RBS and Co-op too and they basically did and said the same.  I feel like a leper or something. I have only defaulted on my loans one month. It hasn't even shown up on my credit report yet, but these knock backs are definitely to do with my credit score because RBS said " Unfortunately, having made those checks we are unable to proceed with opening your account at this stage."  I don't know what to do.  I did open a Co-operative account and have all the details and even a debit card, but when I'm trying to register for online/mobile banking it is just saying for security reasons the account is locked and to call this number, which I managed to get through to the other day after holding for an hour. I am on hold again now but with what's happened with Nationwide and RBS, I am not feeling particularly optimistic. Any advice on where to go or what to do next? x
    • Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't. We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court. Please do come back though if they ever send you a Letter of Claim.
    • Thanks for this update. Well done it's a good result. Typical of this company EVRi – they dangle you around for over a year and then tried a quibble to try and save a few quid – but actually it's not about saving money it's about saving face. I don't see why they bother to save face because they have no shame. They were prepared to smash up your mother's birthday and then refused to pay you out a paltry 75 quid or so – even though they know full well that you have third-party rights and they know full well that the little insurance scam is contrary to section 57 and section 72 of the Consumer Rights Act. I wonder what they would do if it was their own mothers? Well done for standing your ground. Well done for resisting mediation which would simply have added an extra stage to the process and of course they would then have threatened you to keep quiet if you revealed what had happened. You can see they are desperate to avoid further judgements against them. They know that what they are doing is unlawful but it is making them huge profits and they don't want to rock the boat! Hopefully you have learned enough that if this kind of thing happens again with EVRi or any other company, you will feel confident about taking it forward although of course we will be here to help you and support you as you need. Thank you for the donation. I am sending you an email about this.  
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Lloyds tsb credit card balance transfer but no agreement for new card ??


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Hi there....i am battling numerous different debt but am a bit stuck on my lloyds tsb credit card.

 

I have done a cca request and it came back with a signed credit agreement for a create card which has all the prescibed terms on it and was taken out in feb 2004. It also came with a number hand written on the top and a load of statments going back to March 06 (no sar done ) and upto march 08.

 

Mt question is....as i was looking through the statements i noticed that the accounts switch from a create card to a platinum card in july 06. The statements have a new card number on and they also show a balance transfer going in on the 20th of june which is the exact amount of the closing balance on the other card number as of that date and i have no more statements from the original card after that. It would seem that i have taken out a new card but cant remember signing a new agreement.

 

DO they need to supply an agreement for this card or is it sufficient that i have signed the previous agreement and done a balance transfer to the new card or should they ahve a signed agreement for the new card and if so do i need to write back and ask for it.

 

The original cca request was made on the new card number and they have sent the agreement for the old number.

 

Hope all that makes sense

 

thanks

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Hello Angelsmile, sorry I can't give you a definite answer to your question. For what it's worth I think they are supposed to send you a new agreement whenever a new card is issued, but please don't take my word for it.

Hopefully someone who knows more than I do will be along to give you a proper answer.

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You might find that in the terms and conditions of your original agreement there was a term that stated they could change or substitute one card type for another.

 

However, just because they say they can do a certain thing doesn’t necessarily mean they have the legal right to do so. Strictly speaking when a creditor changes one card type for another then they are modifying the agreement and a new agreement should be signed by all parties to the agreement – see section 82 of the CCA 1974

 

And also refer to UTCCR 1999 an example of an unfair term (which will have the affect of voiding the term) is –

 

(k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;

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Dont know if this will help but Halifax did the same with me.

They sent me a new card and an agreement they asked me to sign (which I didnt) but still changed the card over anyway.

The agreement they sent was CCA1974.

I may be slightly cynical here but the changeover date was the month after the new CCA 2006 came into force.

I hav'nt challenged this yet as I am not in default although I do have an issue with them ramping up the interest from 14 to 25%

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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thankyou everyone...i think i will just write back and say they have transferred the balance to a new card and can they send me that signed agreeement and see what comes of it ...will keep you posted.

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I would be cautious in my approach.

If you insist that a new agreement should be in force and not the old one, then if as in my case, the card was re-issued after the new CCA 2006 came in force, they do not need to have a valid agreement to prove liability, the production of statements in a court would be sufficient to prove thier claims.

 

If push came to shove for me, I would be insisting on the old agreement as I would have more chance of contesting that one as a payment history without a valid agreement is insufficient proof.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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  • 4 weeks later...

Hi all.....I wrote to them to say they had sent a copy of teh wrong agreement and could they send me the copy of my new agreement for my new card. The old agreement has all the prescribed terms on etc so seems ok.

 

This was their reply

'You requested a balance transfer, which can be seen on your statement dated 17th July 2006. You did not sign an agreement for this as the T&C remained the same, the card number,did, however, change.'

 

Any ideas on how to progress with this one. Like I said the old agreement seems fine. I dont understand the significance of the new cca 2006 if someone could explain please.

 

thanks

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I would argue that it is not a simple card number change as the type of card itself has changed and therefore should be subject to a new agreement.

At one time I held both a Visa and a Mastercard from TSB. Would they argue they were the same under one agreement, I dont think so.

Did you request a transfer or did they do it off thier own backs.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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(k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;

 

i wouldn't contend that the characteristics has changed afterall a credit card is a credit card in order to qaulify i would expect that it would be required there be a substantial variation in the APR being applied to the new card at the same time it was issued. It could then be argued that the entire product signed upto had been altered so as not to be a product of substantial similarity.

Infact leaning on that a little i would suggest that significant APR hikes in general could well fall into this catagory (doubtless the reason they offer to convert the CC into a loan at the APR prior too any hike) If you don't take that offer they can defend agains (k) above if you later try to use it to contest the agreement.

 

In this case from what i have gathered in my reading the best course of action would be to make sure you get all your charges refunded to the account in full and ask them to arrange a longer term payment schedule that it is possibleto maintain without hardship until such times as the situation changes. This assumes you have varified the credit agreement is correctly executed of course. They will still want to apply interest under the agreement but you can SUGGEST they would be helping you to manage your debt if they reduced rate substantially or froze the interest.

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A change from one payment provider to another is a product change no matter how small – payment providers such as Visa and Mastercard are in constant competition with each other to secure exclusive payment gateway systems – for example you can only purchase official Olympic merchandise with a Visa card.

Now why would a creditor dump Visa for Mastercard? – maybe they have negotiated some kind of incentive with the payment provider – but it aint for the benefit of the consumer that’s for sure and that is why you can argue that it is an unfair (i.e one sided) term.

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I didn't realise the OP had stated a transfer from visa to mastercard is that indeed the case??

 

even if it were unless the end user agreement had suffered a substandard service or other drastic change (which i contend would have had to have been notified at the time of change imo) then i still don't see (k) being a reasonably pursuable case. I would think that it might be possible to contest this point were it only one of several arguments or points of claim so to speak. But logically i would suggest as a stand alone argument it would not be successful in any possible court venture in the face of an enforceable credit agreement. I wish i felt differently cos i would be taking my CC supplier to the cleaners asap lol:grin:

 

indeed my own CC provider has changed my card number no less than 4 times in 5 years lol (suspected fraudulent internet use they say lol)

 

btw the creditor is neither visa nor mastercard they are simply the gateway through which the credit is transmitted so i would call a dispute on that point not winable unless contested at the point of change over.. it is however just my own sense of reason leading me to these conclusions and it may be that there is infact a more substantial argument than i have reasoned.

Edited by twobeercans
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hi all...thanks for your input. The card changed from a create mastercard to a lloyds tsb mastercard.....the original agreement has all the prescribed terms on it but tghey have not sent all the original t&c and they have not supplied a copy of the new t& c so I dont know if they are or were the same ???? I requested a balance transfer according to their letter but i cannot remember it was 3 years ago....

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  • 3 months later...

angel

this has also happened to me. they sent me a letter stating that the createacard account has been closed and full and final settlement had been received. however i have not received any new statements on the platinum account they transfered it to as the createacard account i held was already in dispute. they are still pursueing the debt though.

have or did you receive the same letter as this has got to be concrete evidence that the original account is closed and therfore warrents a new cca.

prehaps an expert could answer this?

regards

hunterandthehunted

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  • 1 year later...
  • 3 months later...

update!

ive disputed my cc account number change as ppi was added and was not ticked or wanted on origional agreement! i sent a letter stating lloyds have breached the t and c's by adding ppi without my knowledge...... when the new number was changed no new agreement and no ppi details that i didnt want!!!!

so far a 75% reduction on debt has been offered

ive said go away come back with proper agreement / including the ppi bit where i was suppose to of wanted it!!!!

 

 

all gone quiet

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hi 42man

 

ive recieved all ppi back from this card and charges totalling roughly £1200

what im disputing is the debt its 5k MHL are involved.................................. i dont like lloyds because of there bank charges so i thought id dispute debt as i have an agreement dated 2005 which i didnt want ppi in 2006 dec they started adding ppi without my consent! and in 2007 they reduced my limit from 9000 to 5200 and changed the acount number but kept adding ppi in 2008 after a real hassle i managed to cancel it!!!!

so i have disputed debt and asked them to provide me with new cca when account number changed and told them they breached the first agreement by adding ppi without my consent!!!

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