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uptoeyeballs

uptoeyeballs v Lombard Direct (RBS) loan CCA

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Hi,

 

Yet another new thread.

 

Have got the agreement from Lombard direct. I'll upload later, but the figures don't seem right.

 

Can someone double check for me please?

 

From the agreement:

 

Loan Details

Loan £20000.00

Repayment protection premium £0.00

Total amount of loan £20000.00

Total charge for credit (interest) £7279.84

Total amount you have to pay £27279.84

Annual percentage rate (APR) 17.4%

You have to pay us the following installments 48 monthly payments of £568.33

 

Thanks!


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The figures are right.

 

Are you going to post the agreement? (Personal details removed)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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The figures are right.

 

Are you going to post the agreement? (Personal details removed)

 

 

Thanks car2403.

 

I'll upload it on Monday when I can get access to a scanner.


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Ok, here are the agreement pages:

 

X_LD_LOANA_1.jpg picture by uptoeyeballs - Photobucket

 

X_LD_LOANA_2.jpg picture by uptoeyeballs - Photobucket

 

Page 1 looks like a scanned image that has been printed out.

 

Page 2 looks like a very poor photocopy.

 

Not much to tie the two together.

 

Now where did I put that magnifying glass? ;)


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Loan agreement deosn't seem to have a "your rights.." box, when was it taken out


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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hi upto,

looks like we both have the same hobby, Lombard. yours being direct and mine being north central plc. but still the same company "ish", Lombard being registered as a wholly-owned subsidiary of Lombard North Central plc, and both now being part of the good old RBS. i am also struggling to see anything that resembles your rights as steven has mentioned. have you been defaulted or anything yet or is it something you are looking into yourself.

 

cab

Edited by cab1ne

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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Well defaulted!

 

I'd noticed no cancellation rights, but didn't think this would make unenforceable. :confused:


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can you post the default,

 

cab


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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can you post the default

 

I don't have it any more. Is it worth doing a SAR to get it?


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If it is a cancelable agreement, the lack of cancellation rights maks it iproperly executed. It can therefore only be enforced by court order. Hoiwever, a court would be prevented from enforcing it under s127(4) because of the lack of cancellation rights, unless they sent you a letter wit these rights within 7 days of you signing the agreement - even then, tit depends where you signed it


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I don't have it any more. Is it worth doing a SAR to get it?

 

that usually is the most common starting point,

 

link for templates. No 11 for sar

The Consumer Forums - Debt collectors

 

£10.00 postal order. print name do not sign

 

cab


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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If it is a cancelable agreement, the lack of cancellation rights maks it iproperly executed. It can therefore only be enforced by court order. Hoiwever, a court would be prevented from enforcing it under s127(4) because of the lack of cancellation rights, unless they sent you a letter wit these rights within 7 days of you signing the agreement - even then, tit depends where you signed it

 

Read the Act again, so it is s127(4)(b) that would prevent enforcement.

 

What I cannot see is the difference between fixed sum credit and running account credit it terms of cancellation rights. Is there a difference?

 

The reason I ask is that I cannot see a cancellation box on there other 2:

http://www.consumeractiongroup.co.uk/forum/other-institutions/215346-uptoeyeballs-cahoot-flexible-loan.html

http://www.consumeractiongroup.co.uk/forum/other-institutions/214796-uptoeyeballs-cahoot-credit-card.html


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What I cannot see is the difference between fixed sum credit and running account credit it terms of cancellation rights. Is there a difference?

 

Maybe this is the important part from s67 "A regulated agreement may be cancelled by the debtor or hirer in accordance with this Part if the antecedent negotiations included oral representations...."?


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Hi its Lyla, Noticed your dispute with Lombard North Central. I've got one too. They refused help before and after termination and then would not even take the financed goods back in order to mitigate and left me to pay for them ! Then after 2 1/2 years and lots of letters of complaint they have finally said there is no merit in anything I have to say and now require in the excess off £40,000 inc court costs which were vastly inflated. I am fuming !!! Could have sold the BXXXY goods when thy had a value but could not get permission. Have to go to Mediation...want to do my own court ..scared stiff. Its not covered by the CCA but I think I have the FLA on my side now..still waiting to hear & also got Credit Services onto the debt Collector Crystal Collections so got another enquiry going on there also & got to wait another 3 days for answer. He didnt cash chqs over a period of 9 months and supposedly visited to repossess...but he never did appear !! Let me know how you go !

Lyla

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