Lloyds - Enforceable?

[adenuf777]

Hi, would someone please be kind enough to take a look at this agreement and let me know if it's enforceable or not? I paid one of those "audit" companies:oops: and they have said it is, but I'm still not sure.

 

Thanks

 

 

[adenuf777]

Can anyone help please?

[cds]

looks like a good one to me all the terms are there, did it have your signature on it.

 

cds:)

[maybelate]

Hi yes it had my signature.

[Moral Dilemma]

Has it been signed by LloydsTSB?

 

Have seen some threads which mention LTSB not signing their agreements.

[adenuf777]

Hi,

[adenuf777]

Hi sorry for confusion my friend was signed in and I didn't realise. There is no signature on from Lloyds, just mine.

[Moral Dilemma]

If not signed by creditor then could be improperly executed; enforceable but only by court.

 

Have LTSB passed this onto DCA yet?

[Moral Dilemma]

61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed

terms and conforming to regulations under section 60(1) is signed in the

prescribed manner both by the debtor or hirer and by or on behalf of the

creditor or owner,

 

 

65 Consequences of improper execution

(1) An improperly -executed regulated agreement is enforceable against the debtor or hirer

on an order of the court only.

[adenuf777]

Thanks MD. No still with Lloyds but their solicitors are threatening court action.

[nicklea]

This is only a small point - and I would suggest that you would need a very good solicitor or barrister to argue the point.

 

In the t&cs under "Your Payments", it says "See also 7" and under creidt limit it says "See also 5"

 

But where, or what, are 5 and 7?

 

An experienced solicitor would, I am sure make a strong case of this, but it can be much more difficult for a litigant in person to do this himself.

 

I'm jsut saying this as I think that you have a case but it does depend very much on very good advocacy - in other words, standing up in front of a judge and making the case.

[lilly white]

Well if the section are not there where are they.they cant be in another DOC

 

Could well be down to the judge on the day.

 

However the credit limit is a prescribe term.

 

Imho you need to research more.

[lilly white]

somthing stolen from pt

 

 

the case i refer to is Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states

 

24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:

 

(a)The amount of credit must mean credit in its technical sense, and

(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is

 

Following HHJ Overend’s view, the agreement should make clear to the consumer, who is likely to be a lay man, what the credit limit is or how it will be determined. It is not possible to say with any certainty that the documents EGG have provided are clear, unambiguous or that a consumer would understand that the approved limit would be their credit limit.

 

so as a lay person where is the info

 

HOWEVER Mr SAY is a top lawyer

[nicklea]

lilly white,

 

I don't really understand the relevance of your comment above in #13. There is a very clear statement of what they will do with regards to the credit limit.

[lilly white]

nicklea are you well

 

My mistake i have now look closer at the CCA and yes your are right.

 

kind regards lilly white

[adenuf777]

Thank you all for your thoughts/comments. So it seems that this agreement is not quite as it should be but if (or when) I am taken to court about it it will be very hard for me to defend:eek:scarey! It seems that all I can do is wait until I receive court papers, is that right?

[lilly white]

default notice, charges any ppi.

 

i will look again at the agreedment regards lilly

[adenuf777]

Hi lilly white, I don't think I had a DN, there were some charges (I think) but no PPI. I think maybe I should do a SAR?

 

SCM have sent me another copy of the agreement today and saying that they are looking foward to receiving my payment plan to pevent legal action (I bet they are).

 

The problem I have now is that they know that the agreement has been "audited" by some supposed solicitors and I think they are testing the ground to see what the result of the audit was.

[adenuf777]

Hi can anyone help on this please? I'm thinking of witing to Lloyds sols and calling their bluff, as they know I've had the agreement audited I might write and state that I now know it's improperly executed. Any suggestions please?

[adenuf777]

Hi can anyone offer any suggestions please?

[adenuf777]

Hi all, As I previously posted I had this agreement "audited" and although there were found to be a couple of discrepancies e.g., it is not signed by Lloyds and it does not contain a total amount for credit I am not really sure where to go with it now.

 

Sechiari, Clark & Mitchell - have written to me with another copy of the agreement to say that now I have received a copy of my application form they would like me to contact them with my repayment poposals (I haven't paid for over a year) to aviod legal action.

 

I have a gut feeling that this agreement is not enforceable but am really not sure what to do next. Do I write and tell them (although I don't really know what I'm talking about)or do I just keep quiet and see if they do actually issue court proceedings after all this time? Scary thought!!

 

Any advice or help would be great as I feel really stuck with this now.

 

Thanks

[lilly white]

well

 

i see that default charges are to be seen in a another document.

 

Did they charge you late fees etc. and did they add interest.

 

Also they say that they will send you cancellation notice in the post, did they

 

just something to think about.

 

the rate for cash withdrawals is % AND ALSO THEY ADD A HANDLING FEE IN %

 

Does the term for cash withdrawals include the handling fee or not.

[adenuf777]

Hi lilly, thanks for looking again, Yes I think they did charge late fees, but not sure if they added interest. Certainly don't recall ever receiving a cancellation notice.

[nicklea]

I have a gut feeling that this agreement is not enforceable

 

What makes you think that?

 

Apart from the few things that I mentioned in post #11 everything seems to be in order with it

[adenuf777]

Hi Nick, it's just because of the way that things have gone since I first requested a copy of the CCA well over a year ago.

 

Lloyds went very quiet, they got SCM to write to me initially but then they went quiet, then different DCA's (who often just disapeared when asked to provide a CCA) etc. It's just dragged on and on and on.

 

Also I have an OD with Lloyds (up to limit) which hasn't been used or paid into for well over a year but I've heard nothing about it.

 

Something just makes me think that if Lloyds think they had a strong case here they would have started court proceedings by now, or at least have been hounding me more:confused: