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    • Hi Andy,   Thank you for your message. I was just about to post a message regarding the latest developments so your note is very timely   Regarding latest developments the following is the situation   Dear All,   1. We received a notice from CEL that because they have discontinued their claim, they consider the matter is now closed as we have not submitted our counter claim, However, my wife replied to the email that the Counter Claim was attached to the Defence Documents which was submiteed and copied to them.   In any event they knew that there is a Counter Claim because they asked us to drop it within 7 days and then they offered to pay our court fee only. !!   2. Firstly, there is an issue here. CEL submitted their notice of discontinuance 2 days after the deadline for their court fees to be paid. And also, as far as we are aware, they have not paid their court fees.   3. Surely their case should be struck out by the court for this failure to pay their fees on time - irrespective of their submission of the Notice of Discontinuance two days after the deadline date which they obviously made after the receipt of the Defence Documents.   4. As for their comment that we have not submitted our counter claim, this is definitely not the case as we made the Couter Claim and submitted this when we replied to their writ. So, as far as we are concerned, the counter claim is still very valid   5. As we are within our 28 days limitation, we have not advised the court whether we are accepting their notice of discontinuance or not. We acknowledged its receipt only. We have submited the Case Plan to the court today.   6. Although it was not stated that we have to copy CEL, we are copying them anyway   7. As advised earlier to CAG we will follow CAG’s advice but we will action this before the hearing date   8. However having had the latest advice from Andy,  a. should we add the GDPR claim as an additional claim, and b. should we add the County Council as an additional party to the counter claim as previously advised.     thank you Warm regards BF      
    • Not usually, I'm afraid, it tends to confuse things and we like people to stick to one thread per issue. If you aren't getting replies as quickly as you like, it could be that you're asking about complex issues that not all that many people have experience of and will need to be patient until they can get here to answer you.   I'll merge your threads.   HB
    • yes we already have that its here in this thread    follow my search advice as earlier read other threads here on CAG      
    • Yes. It is.  Sorry I thought it might be best to start a new thread
    • Hi.   I know you have a few threads going, is this one connected with the one you posted on earlier please?   HB  
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Lloyds CCA enforcability ??


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Hello

I wonder whether anybody would be kind enough to look at what Lloyds have recently sent me and comment with regards to it's enforceability.

 

They sent this letter....

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....and this 'acceptance form and agreement' (which looks more like an application form, stating 'I apply' above the signature box.)

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....with this on the reverse (Sections 1 and 4 only of the T&Cs?)

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They also sent full copies of two differnet sets of T&Cs, one with my old address at the top and one with my current.

Any advice gratefully received.

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Liz you are incorrect in your belief that PPI is an integral part of the agreement, this would be illegal. It is offered as an "additional benefit" and as such can be turned on and off as a seperately.

 

In practice you can call at any time and cancel ppi, but may be charged for the current month untli cover ceases, although most companies charge in advance so the issue shouldn't arise.

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ok well interesting

 

where is 5 7 9 11 and 6

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Liz you are incorrect in your belief that PPI is an integral part of the agreement, this would be illegal. It is offered as an "additional benefit" and as such can be turned on and off as a seperately.

 

In practice you can call at any time and cancel ppi, but may be charged for the current month untli cover ceases, although most companies charge in advance so the issue shouldn't arise.

 

 

Thanks for the clarification, I was starting to wonder how that would work because it was me that cancelled the PPI.

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ok well interesting

 

where is 5 7 9 11 and 6

 

 

They also enclosed two full sets of T&Cs, one with my old address and one with my new. The missing numbers coincide with the former but some things aren't the same as on the 'acceptance form and agreement' e.g. rate of APR ??

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The different addresses are to be expected. If the PPI has been removed you would expect the APR to change, or if the interest rate is changed (per the agreement), which common for credit cards, they only need to send out a "notice of variation".

 

Otherwise I can't see any glaring holes in this, but I'll freely admit I'm not an expert and would be happy to be corrected.

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