Please can someone help BLS/lloyds

[stardust215]

Hi i wonder if anyone could help me.

 

I have requested a credit agreement from Lloyds. Though BLS are collecting on their behalf.

I wonder if someone could take a look at let me know if it is enforcable.

 

I would appreciate someone taking a look and telling me what they think.

 

Thanks

 

Stardust

Edited November 26, 2009 by cerberusalert
Image removed, it contained private info.

[lexis200]

Stardust, have pm'd you.

 

In the meantime, unless they have sent you the back of the agreement, and unless the back of the agreement has all the prescribed terms and can be linked in some way to the front (ref no's or similar), then as it stands that does not look enforceable to me.

Edited November 26, 2009 by lexis200
pm'd instead of leaving it on the forum!

[cerberusalert]

As it stands it's unenforceable because it is totally devoid of the prescribed terms. Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[stardust215]

Thank you for replying

 

I got the pm lexus totally understand.

 

They did send a bank copy of conditions of use that was stapled to the document. on the application it refers to conditions overleaf.

What i thought was funny was on the bit where it says about a second signature the terms and conditions are on the reverse of the application.

So to me it is either on the back or on another piece of paper.

 

i can't see any reference to page 1 and page 2 on either form. Just a bit that says the conditions of use are on the back and another bit that says overleaf.

 

If someone could have a look it is appreciated. Though it is small i can't seem to make it bigger, not that great with computers

 

Thank you again everyone

 

Stardust:)

[lexis200]

The scan is really to small to make anything of it, but can you see if the prescribed terms are on there? Can you use Photobucket (photobucket.com)? You just upload your pics onto their, edit them on their site, save as the edited copy (so that you don't have an unedited version on the web) then link it onto here. It's much easier than it sounds, and if you get stuck you can ask on here!

 

Anyway, if the terms do have the prescribed terms within them, you need to check and see if it's from the right time period (ie if charges are £12 it's likely to be a more recent set of terms and not related to your application).

 

If possible, you could really do with getting the (amended!) application up again along with the terms they sent so that others can see if there is a link.

[stardust215]

Hi again

 

I thought the image wouldn't be very good. So this is from photo bucket

 

I have deleted all of the unedited cca's now.

 

So lets have another go:)

 

IMG]http://i944.photobucket.com/albums/ad288/basilb75/Cannon020-1.jpg[/img]

[Bazooka Boo]

Can you re-do the link, it does'nt work:(

 

And for Info, BLS is Lloyds In-house collections agency.

[stardust215]

http://s944.photobucket.com/albums/ad288/basilb75/?action=view&current=Cannon020.jpg

 

sorry

[Bazooka Boo]

Is it that clear to you?? Or is that just a bad scan??

[stardust215]

I have been playing around with the document and i think it has been scanned in on to high of a resolution so i will have to get it re scanned tomorrow.

 

Looking at the document though is refers to the conditions of use for the mastercard. It has the APR etc on it as well as repayments.

 

On another note on the application form, i was at the time on a training for work scheme and was in full time education with my local college. I was getting £10 a week on my benefits.

 

Now i was pushed in to this card by my accounts manager. And i noticed on the form she has put the incorrect address, she has put that i am in full time employment and she never made any checks to me identity only from her computer and my account with them, she also didn't check my income which was at the time a benefit book. So my income wasn't secure as such. She filled this form out and bullied me into it. Before that i was always managing my money i was never in debt and i only dealt with the income that i had knowing that at any time it could all go pear shaped. I was also suffering diagnosed clinical depression at the time which has been ongoing since childhood. I was never given any paperwork at the time and then i recieved my card in the post. So i have always partly blamed lloyds for my going into debt.

 

So i don't know if the incorrect information on the form makes any difference or not?

 

I will get the conditions scanned in tomorrow. Sorry for being a nuscince

 

Thanks

 

Stardust

[lexis200]

Firstly, you're not being a nuisance to anyone!

 

Secondly, I'm not sure what, if any difference it would make that she's fiddled with the truth on your application. It should make a huge difference as it's essentially fraud if you told her you were a student and she put you as employed, but my concern would be it'd be your word against hers (or the banks). Maybe because it was done at the branch stuff like that would be recorded in your file and you could access it with a SAR?

 

Hopefully someone with more of an idea will be along in a bit...

[stardust215]

Hi everyone

 

Yipee i have finally done it here are both documents. If someone could see what they think. It is appreciated

 

Thank you

 

stardust

edited cca bls.pdf

Cannon026.pdf

[Bazooka Boo]

OK, The first scan, and a very good scan at that I might add:D is an application form.

 

The second scan, again is unreadable, but is the document as unclear to read as it has scanned?

[stardust215]

Hi bazooka Boo

 

I thought i had that time Not very good at this.

I brought it up on windows viewer and it is readable.

I went on the link above and i magnified it by 300% and it is better than the other links i have put up.

You can tell it is a copy that lloyds have sent me because their is gaps in the paragraphs and blurry writing where it hasn't copied properly. But it is legible.

I have tried everything and it only distorts the image. So i don't know what else to do. It is brillient on windows viewer.

So what am i looking for to see if this document refers to the application and what am i looking for to see if this the original terms and conditions. I didn't have anything when i signed with lloyds i didn't have a copy of anything. She took the form from a booklet that had an application in it. So i had nothing to take away with me. and i certainly never saw no terms and conditions at the time. She really did bully me into having the card. like you will need it in an emergency etc.

 

So thank you so far and sorry for all the problems

 

thanks

 

Stardust

[cerberusalert]

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