Jump to content


  • Tweets

  • Posts

    • They haven't got a litigation department - it's all Kev!  So if you don't pay, Kev will pass the matter to Kev.  OK. Not exactly a threat that will stop you sleeping at night.
    • Sorry, but I agree with Plymouth Council as stated in their letter.  Based on their description of their incident. If you disagree, exactly why do you believe the Council have been negligent ?   Does your wife have any disability that the sports centre staff were aware of and they were offering assistance to her during her visit to the centre ? If you feel you have a case, go to a local no win no fee personal injury Solicitors. 
    • Hi Sorry for uploading them wrong. Im not technical at all and self taught so bear with me as im trying my best. Thank you for all the info regarding the signs, this was my thoughts as well. Yes they have changed teh signs since this happened Ill ahve to have a look back through and see if when I took the pictures they were already the new ones or I have the old ones. I cant remember off hand. With regards to Europarks running the site now, Just to make you aware there is another small retail park just across the road and Im sure they are Europarks. The shops within that park are just Aldi and B & M. The site that we received the NTK has a few more shops, Home bargains, The food Warehouse, M & S food and a few others. I put these for identififcation purposes just in case it is the other site that you were looking at. The main entrance sign is on the bend on the left as you drive in the entrance so when you drive in from the right and turn in you can see it in front of you but if you drive in from the other way as we do then you dont see it unless you know its there and as you say you would have to stop to read it al anywayl. The main thing that always jumped out at us was FREE PARKING FOR CUSTOMERS ONLY in large letters. Please find the notice of hearing date attached and an offer letter I received from the vultures DCBLegal this morning,    notice of allocation group nexus.pdf vulture offer letter re group nexus.pdf
    • Good Afternoon Stu,  Many thanks for your reply. I will do as you suggest and email them for the exact terms. I shall have a look through the Tenancy Agreement too  myself  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Spam-v- Lloyds Tsb Mastercard 'Summary Judgement'


Spamalot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4652 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

When they withdrew the funds, did you have a zero balance? Would this have then created a negative balance in your current account? If so and if you have kept the evidence, surely even these clowns will not pursue you for this 'debt'.

 

This all sounds like future weak spots in any claim they make against you in any case!

 

Framboise

Link to post
Share on other sites

  • Replies 139
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The current account was at nil balance... I went into local branch to close it on the monday whilst it was at nil... on the following wednesday collections 'withdrew the funds' and created the debt... it's just getting on my nerves that they think they can do this and get away with it...

 

By them withdrawing that money from my closed current account it looks as if I have paid money into the credit card account and therefore acknowledging the agreement..... which I don't...as it is in dispute

 

:evil:

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

No surprise that LTSB have acted in this terrible manner. I can understand how annoying it is, I have several issues myself with LTSB, BLS and ****!

 

With a non-enforceable debt, payments made either way are said to be 'gifts' and in no way acknowledgements of 'agreements'... especially when, like in your case the f*****s have switched the money from a closed account! What you did by closing that account sounds like the actions of someone who is trying to sort their problems out rather than make them worse.

 

This will surely do nothing but help you in any case you have to answer if the dispute goes to court.

 

F

Link to post
Share on other sites

This will surely do nothing but help you in any case you have to answer if the dispute goes to court.

 

.... I can only hope.. :rolleyes:

 

Thanks for your input 'F'.. all support most welcome.

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

  • 3 weeks later...

At last... (I think.. :rolleyes:) they have closed my current account.

 

It took a month for them to replace the funds that they took and because the money was out of the account over 2 calendar months it incurred 2 lots of interest on the overdraft!!

 

Obviously I refused to pay that as well and they had to waiver it...

 

The sad thing is, the staff in my local branch are really lovely and I'm sorry it's them that's had to deal with my wrath instead of the faceless nobodys at collections and complaints.. and of course the doughnuts in Delhi who just haven't got a clue...

 

Hopefully, now I can focus on the real issue which is the credit card and the lack of and agreement so far.

 

Complaint sent to FOS last week and acknowledgement received.. although I will have to inform them that the current account issue has now been resolved... but not until I receive confirmation in writing!!!

 

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

  • 2 months later...

Just to update this saga... In a nutshell...

 

Current account closed eventually... :rolleyes:

 

FOS are now involved and appear positive about my complaint re the lack of credit agreement sent...

 

Default notice received from Lloyds just before Christmas..

 

Letter from **** today demanding full payment or else.... :rolleyes:

 

Here we go...

 

Spam. :D

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Spam,

 

you must have had the same credit cards as me:D

 

HH

 

I reckon you're right... :D

 

Gonna be a rollercoaster of a year by the looks of it.. :rolleyes:

 

Better get me boxing gloves on...

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

  • 1 year later...

Received a claim fom **** in December 2010. requested documents by CPR

 

Having not received documents by March2011, I submitted a defence online citing no documents for fear of judgement by default.

 

Documents arrived the day after.. :roll:

 

The 'agreement' is illegible and not signed by Lloyds and I will post a copy of it when I have it scanned

 

Application for summary judgement being heard early September.. can't wait ... :-(

 

 

Spam. :-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi all, me again... :oops:

 

In a nutshell....

 

In June 2009 I requested a copy of my credit card agreement under CCA s.77/78... no joy

 

In July 2009 I requested it again.... still no joy..

 

In August 2009 I placed the account in dispute.

 

Each time I wrote and complained I got the stock reply of 'we've fulfilled our requirements, if you have a problem go to FOS'. Which is exactly what I did.

 

In October 2010, Whilst my complaint was being investigated Lloyds Issued a claim .

 

November 2010, I acknowledged the claim and requested Docs under CPR 31.14

 

They acknowledged my request, and said they'd send them.

 

6th March 2011 I still hadn't received the docs so I sent in a defence online citing 'no docs' as I was concerned they may apply for judgement by default as I hadn't yet defended.

 

7th March 2011, lo and behold what turns up on the doorstep but this!

 

http://s676.photobucket.com/albums/vv123/Spamalot_bucket/?action=view&current=LloydsAgreement.jpg#!oZZ2QQcurrentZZhttp%3A%2F%2Fs676.photobucket.com%2Falbums%2Fvv123%2FSpamalot_bucket%2F%3Faction%3Dview%26current%3DLloydsAgreement.jpg

 

and this...

 

http://s676.photobucket.com/albums/vv123/Spamalot_bucket/?action=view&current=LloydsAgreement.jpg#!oZZ1QQcurrentZZhttp%3A%2F%2Fs676.photobucket.com%2Falbums%2Fvv123%2FSpamalot_bucket%2F%3Faction%3Dview%26current%3DLloydsTC.jpg

 

As I had cited no documents in my defence, **** are now applying for summary judgement....

 

I have sent in a witness statement listing all my requests etc and am defending with the above document is improperly executed etc. etc.

 

 

The most obviously glaring omission on the document is that it hasn't been signed by a representative of Lloyds and that mine is the only signature on it.

 

I believe it can therefore only be enforced by a Judge....

 

ALL input with regards to this situation and document would be gratefully received..

 

Thanks all,

 

Spam. :-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi Spam

You are dealing with **** here and we both know they play dirty , how much time have you got

til the SJ , the thing is lots of new things have been happening since we have been away, and what

was two years ago is not prehaps the same now , I cant read the t/c to small but the agreement

seems to be simalar to mine an application form , what happened with the fos .

 

Hopefully someone will be along to advise you

 

Regards

Tonks

Link to post
Share on other sites

Hi Tonka.. thanks for stopping by... :-D

 

The hearing is the beginning of September... as you say things have changed and I'm not as up to date with things as I was...

 

As you also say **** don't play fair, and I feel they've roller-coastered me into this situation... anyhoo best foot forward..

 

The t&c's are barely legible in the flesh as they are a microfiche document and separate to the signed application form so I'm guessing they will have to prove that they were on the reverse to make it enforceable..

 

The FoS, despite saying they agreed with my complaint on the phone, decided to find in Lloyds favour and said they'd upheld their duty by sending me a reconstituted document. :roll:

 

Spam . :-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi 42Man, thanks for looking in..

 

No PPI... I don't think... I've ticked the box to something under 'optional features' but for the life of me I can't see what it is... I have three copies of this thing now and they are all as bad as each other... :roll: definitely illegible.

 

The T&C's are marginally more legible than the application form, but they also differ slightly from the 'reconstituted' ones sent in the court bundle... which differ greatly from the ones they sent in response to my original s77/88 request.

 

Spam. :-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

short answer to that is... no :-) ....I'm guessing I have to look that one up?

 

Ok... I've looked it up... nice..

 

Sadly it doesn't really help me... as a result of my 77/78 request the reconstituted agreements had no interest rates on them whatsoever,

 

The reconstituted ones sent with the court bundle do have interest rates listed and appear to be the same as on the 'T&C's allegedly belonging to the agreement.

 

The differences I've noticed are.. on the 'original' it says.. Credit Limit...The minimum credit limit is £250. We will set the credit limit for the account from time to time and notify you.

 

Reconstituted says... (in a different font I might add....grasping at straws!) For accounts opened before 4 November 1997, the minimum credit limit is £250. We will set the credit limit for the account from time to time and notify you.

 

Also the Right to cancel box differs greatly.

 

The original has a lot of illegible text, approx 13 lines,....reconstituted says Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us...

 

 

Spam :-)

Edited by Spamalot
addition

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi Cym... and thanks... :-)

 

Looks like I've got a bit of a battle on my hands then...

 

I checked out the Kotecha v Phoenix appeal and had a glimmer of hope..

 

'A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).'

 

seeing as the response to my s77/78 request didn't include any interest rates whatsoever...

 

but I'm getting extremely confused with it all now... :???:

 

 

Spam.. :-(

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Quite easy to get confused as each DJ seems to have their own interpretation of the law!

 

I don't wish to sound negative, but LTSB always take a qualified lawyer to court (they usually know the DJ). When I met them at SC court, they had someone from LTSB plus 2 females watching. It was my first foray into court and I was a bit green, none of them were introduced and I didn't ask.

They read CAG, I had posted a flaw in their case and it was the first thing that they mentioned to the DJ (incorrect t&cs referred to in POC but DJ agreed that as it was civil court an SC these admin errors were permissible.) As said in my last post, I had received several illegible 'agreements' but the time of the court case they were able to produce a legible copy.

SCM use real solicitors who appear to have some knowledge of the law so be careful.

When was your DN issued?

Link to post
Share on other sites

I'll have to check my papers again Cym... they say they sent one on 22nd December 2009, but I don't remember getting one... being Christmas, there's no guarantees when or if I got it.. :|

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

If I read this right you have a copy of the original and are comparing it to the one purportedly sent by SCM in compliance with the s78 request? If so, you'd better hope SCM don't read this thread and identify you because you'll be obliged to disclose your original copy to them and then, hey presto, they will have a genuine copy of the original which they can use to send straight back to you and irrefutably comply with the s78 request before applying for summary judgment against you.

Link to post
Share on other sites

Hi Gaston,

 

What I have is... a reply to my s.77/78 request which is a reconstituted 'agreement' ie a few pages of typed up T&C's with my name and address on the top. and , a photocopy of the original application form which is now on microfiche (links posted above) as a response to my CPR 31.14

 

I am comparing the typed up T&C's which they sent as a reply to my s77/78 request to the ones they sent with the court bundle... and they don't match..

 

Spam :-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

  • 4 weeks later...

Why summary judgement? Is it worth going for a strike out for non-compliance with the CPR request, although in light of Carey v HSBC I'm not sure how much they're allowed to get away with now. :evil:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...