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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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Capricorn v Lloyds


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you might have to explain that one.

 

not quite sure how to! in my sa r it showed details of a 'router account'. there seems to be some issue as to whether or not a router acc is legitimate.

Edited by Ford
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here are some eg's on cag re app'n forms enforceability (although not loydsRtsb)

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

ps, just a thought, but you may want to consider sending them the 'app'n form' letter adding that what they sent you is unreadable.

 

could you point me in the right direction for this one please

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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just looked through and there are references to router (not sure what it means). The header page does say current router PP0. The references in the doc are eg

 

Start of PCO Router

Start of Cycle 6 Router.

 

dont suppose you could translate some of these:

 

DCA Pilot - Monitor (P+)

Charge off to Recs

End of Kernal Router

Start of 1st Place DCA Pilot

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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can anyone comment on the application form/cca? i think I need to respond to them and am getting panicy. Havent really slept all night and kept waking up with all this on my mind. Even thought I should contact them and see if I couuld get a settlement. Anything to make this all go away.

 

What does anyone think I should offer them. Its going to be a struggle to get money together to pay them as my hubby is out of work and my salary doesnt cover our household outgoings.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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hi sheena

 

havent seen you around lately.

 

LLoyds have had their hand forced by the ICO and have located an application form from1998 although the initial account was opened in 1994. It does contain my signature, but they included a set of T&Cs headed bank copy. Not sure where I stand on all this and could do with the greater and good to offer their opinion and advice. As I said earlier, my nerves are shot and am constantly close to tears and have migranes on a daily basis now. Didnt sleep much last night worrying about all this and I want it to end. My husband was made redundant at xmas so we are surviving on my salary and the bit of money he was given. But that will run out soon. I really dont know what to do for the best.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Calm down Capricorn, fellow migraine sufferer myself, just send them the standard letter re it not complying and being an application form, you can worry about that second page later, look at things like the penalty charges and see if they tie in with the year of issue and anyway if as someone pointed out its illegible that will also make it unenforceable. Don't worry about the 7 days threat, these poeple do this all the time, its meant to and does make your blood run cold, they will not be able to do anything without a court order and a Judge would not make you pay more than you can afford. When in doubt, have a look at the legal successes forum, there are lots of people on there who have gone thro exactly the same worries and won , chin up and hugs to ll:)

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so this is that was amongst the SAR:

I would write back to them, thanking them for their efforts, however could you have a legible copy.

 

Add that you do not recognise the Terms and conditions sent as a separate document as the front is not linked in any way to the T&C's.

 

Tell them that you are suspicious of the connection between the 2 pages and that you would like to view the original document at your local branch. Failing that you need a signed statement from a senior official at the bank, confirming that the T&C's were indeed coppied from the reverse of the original, as they will need that document should it ever go to court.

 

Obviously the T&C's being headed Bank Copy, they cannot be the actual terms. There are no printers codes on page 2.

 

From an s78 point of view, they would have probably complied if you could read it easily, but past that they have not.

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Thanks Vint and Miss Muppet

 

Should I also add that what they have sent is an application form and not the CCA?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 3 weeks later...

just had a reply back from lloyds:

 

Thank you for your letter

As requested, please find enclosed the best possible copy of your credit card agreement. I must advise that as the document is held on microfiche it will not be possible for you to view it in branch. However I can confirm that both pages do made up your credit agreement.

I hope that this answers your queries….

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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just had a reply back from lloyds:

 

Thank you for your letter

 

As requested, please find enclosed the best possible copy of your credit card agreement. I must advise that as the document is held on microfiche it will not be possible for you to view it in branch. However I can confirm that both pages do made up your credit agreement.

 

I hope that this answers your queries….

 

hi,

 

:) imo, it's not legible, so how can the J determine on it if he/she can't even read it!? is microfiche acceptable?

Edited by Ford
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the second copy is clearer, but still doesnt link the two pages together, i only have their word for it and why would it have bank copy as a header.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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the second copy is clearer, but still doesnt link the two pages together, i only have their word for it and why would it have bank copy as a header.

 

how clearer? is it legible?

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just about readable

 

is all of it readable? if there is no clear reference/link to tc's (of which must contain the prescribed terms) then it could be unenforceable.

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It is just about readable. very small print but you can just make out what it says. \

There are no clear references to the second page. And not sure the alleged second page contains prescribed terms. How shold they appear?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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It is just about readable. very small print but you can just make out what it says. \

There are no clear references to the second page. And not sure the alleged second page contains prescribed terms. How shold they appear?

It needs to be clearly legible and I would argue now, that the terms are not those on the actual agreement and that it is illegible.

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