Capricorn v Lloyds

[Capricorn1601]

you might have to explain that one.

[Guest]

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 April 27, 2010 by Ford
typo correction

[Capricorn1601]

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

[Capricorn1601]

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

[Capricorn1601]

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.

[sheena01]

Hi Capricorn

 

Cannot offer any help- Im in much the same position but just wanted to send my support.

 

Hopefully someone more knowledgeable will be along soon

 

Sx

[Capricorn1601]

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.

[miss muppet]

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:)

[vint1954]

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.

[vint1954]

Copy your letter to SCM

[Capricorn1601]

Thanks Vint and Miss Muppet

 

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

[vint1954]

Thanks Vint and Miss Muppet

 

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

It won't hurt to work it in.

[miss muppet]

Well done Vint, that should keep them busy:lol:

[Capricorn1601]

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….

[Guest]

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 May 16, 2010 by Ford
correction

[Capricorn1601]

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.

[Guest]

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?

[Capricorn1601]

just about readable

[Guest]

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.

[Capricorn1601]

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?

[Guest]

re prescribed terms

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

AFAIK, there has to be a clear reference/link to any tc's!

[vint1954]

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.

[Capricorn1601]

i would agree. and I dont think they contain the prescribed terms

[cymruambyth]

Unfortunately some DJs interperate barely legible as legible.

[Capricorn1601]

Take a look and let me know what you think? does it contain the prescribed terms?

scan2.pdf