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    • good idea take some pix and put them in a PDF read UPLOAD dx
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Spam-v- Lloyds Tsb Mastercard 'Summary Judgement'


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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

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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:

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

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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

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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.:)

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

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  • 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.:)

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

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  • 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

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

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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.:)

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

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  • 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. :-)

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

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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. :-)

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

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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

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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 . :-)

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

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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. :-)

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

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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

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

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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.. :-(

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

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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?

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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.. :|

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

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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.

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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 :-)

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

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  • 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:

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