Lloyds TSB Card Court papers. Help Please,

[hitchy1]

Sent TSB a CCA and got the following documents back from them.

Not sure about the legality of the agreement, but the letter is pretty specific and agressive.

 

[natalie]

looks like an application form to me

[Bazooka Boo]

OK, subbing so I can hopefully learn a bit more about CCA's and the documents that should be sent in response to them.

But for my own benefit, the problems I can see with this document is that it doesn't show any interest rates, or terms and conditions, and this looks like an application form to me, so wouldn't comply with a CCA request????

 

I am very sure hitchy that someone with knowledge of these, will advise you with more certainty.

 

Boo:wink:

[cerberusalert]

Send the muppets this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 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 and the default notice is non compliant, 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

[PGH7447]

as stated above an application form, it even states apply before date to qualify

 

and did you get the T&C's stated overleaf

[hitchy1]

T & C's were on seperate sheet. Also just noticed that at the top of the form just before section one it states. If your application is accepted by our signature opposite etc________ .

 

There is no signature!!!

[Bazooka Boo]

And you have it in black and white

Having satisfied our obligation under S78, the agreement you have with us is fully enforceable and we shall continue to treat it as such

 

Me thinks someone might need to be further trained in consumer law!! Oh dear Lloyds..

[natalie]

At least you got a reply, they are still ignoring me.

[cashins]

As it stands the document is unenforceable, no prescribed terms.

 

It contains references to confidentiality and marketing - (says see reverse) - but gives no link to 'the terms' being on the back.

 

They also seem to think that if they say the document is enforceable enough times, then it is.

 

David

[hitchy1]

I have just received court papers after coming back from holiday for Lloyds TSB

and need to respond as they were issued on 2nd Feb.

 

The issue is for a credit card debt which i CCA.d them for last year.

 

 

I received an application form back which i signed some years ago at an airport and some general unsigned terms and conditions.

 

 

After posting the docs on here i was advised they were not legally binding and i placed the account in dispute.

 

 

To date other than a default notice nothing has happened.

 

 

I have now received the following.

Edited February 14, 2010 by hitchy1
details showing

[sleepingdog]

Hi hitchy1, firstly I would advise you remove the actual amounts on the claims form as they may be able to identify you.

If you dispute the debt or the enforceability of the debt and intend to defend you can request an extra 14 days to prepare defence as long as you do so within the first 14 days + service.

 

They may have issued claim hoping you would not defend and therefore get judgement by default.

If you were to defend then they may just sit back and do nothing ( case would be stayed),or if they wish to go ahead with the case then the case would be heard at your nearest county court and they would have to show the agreement allowing you to state why it does not meet the 1974 cunsumer credit act.

sleepingdog

[hitchy1]

Have tried to remove details but dont know how, will have to leave.

What do i do in terms of responding do i do it online and how do i prepare a defence?

[Tonka99]

Hi Hitchy1

 

You must remove the claim form from your post , just go into

edit at the bottem right hand corner click on it and edit the form

out , if you dont **** will be able to check out who you are and

will be one step ahead of you all the time I should know!!.

 

Now you are nearly out of time to aknowledge service you can do

this online with the password on the form but get a move on any Q,s

ask someone will advise .

 

Best wishes

 

Tonks:-)

[supasnooper]

Open the scan in Microsoft Paint, cover or blot out the details and then re-host on photobucket

[Dorabell]

Hi Hitchi i agree with tonks:) **** are very sneeky i have also had dealling with this shower be careful good luck:)

[hitchy1]

Hi Hitchi i agree with tonks:) **** are very sneeky i have also had dealling with this shower be careful good luck:)

 

 

I have removed the image in photobucket and re-edited in paint as suggested. When i post it back it still shows the old image even though i deleted it. Any suggestions on how i can post without anyone seeing the details . I'm baffled.

[sleepingdog]

Hi hitchy1 ,

If the date of issue was 2-2-10 , you are given 14 days + 5 days allowed for service if the summons was sent by 2nd class post that gives you up until 21-2-10 to acknowledge service and request a further 14 days thereby giving you up to 7th march to submit a defence.

 

I tend to prefer to do it online as you can print off the status instantly giving you proof that they have received both extra 14 days and then your defence.

 

This will also allow you to request documents refered to within the P O C using CPR 31.14

. It is probably worth posting copy of default notice minus your details so that posters can check whether or not OK.

 

Also note if summons sent by 1st class then service is 3 days I think so deduct 2 days from all my calculations.

sleepingdog

[sleepingdog]

Hi hitchy1 , not very good myself at posting images, when you re hosted image have you given it new identity ?.

sleepingdog

[hitchy1]

Hi hitchy1 , not very good myself at posting images, when you re hosted image have you given it new identity ?.

sleepingdog

 

I have now done the acknowledgement of service with intention to defend.

Also the relevant documents are now listed. I would be very grateful for advice on how to defend. The so called agreement has a line at the top which states 'if your application is accepted by our signature opposite' There is no signature. I can confirm that all my details were on the form including an entry on the balance transfer section.

 

 

 

 

[Nagasis]

What is the remedy date (xx september 2009)on the default notice you have posted?

Did it give 14 clear days after service?

As the DN was dated on Friday the 28th August the first clear day after 1st class service would have been Wed 2nd September and the remedy date should be 16th September. For second class post the remedy date should be 18th September.

 

For more info on DN's http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-2.html#post2179695

[hitchy1]

The date for remedy is 15th September 2009. Dont know if it was delivered first or second class.

[lilly white]

where are the conditions set out over leaf

[hitchy1]

where are the conditions set out over leaf

 

There is a second page which basically says if i dont rectify they will pursue through the courts and inform Equifax etc.

[lilly white]

There is a second page which basically says if i dont rectify they will pursue through the courts and inform Equifax etc.

 

 

ON the application

[hitchy1]

ON the application

 

There is nothing included other than a separate unsigned generic terms and conditions.