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Lloyds/SCM claimform - credit card debt *SETTLED BY TOMLIN + PPI RECLAIM**


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Hi

 

i would be grateful for any clarification other caggers can provide.

 

LTSB Gold Service Payment application form circa 1990's.

 

across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form'

underneath Credit agreement regulated by the Consumer Credit Act 1974.

 

this is very confusing as part of the document states under 'Security'

 

'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you.

 

does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ?

 

then further down it states

 

'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below'

 

this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to

 

'this is a Credit Agreement regulated by the CCA'

 

has anyone else come across this? and what is the position.

 

Thank You

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Thanks Steampowered for getting back to me.

 

OK i think i get it? that without a court order they cannot treat any outstanding debt as secured so then they have to take the matter to court to upgrade the unsecured status?

 

reading up on the threads it would appear that despite any form stating 'application' at the top, some court DJ's may consider the 'application' an agreement if the prescribed terms are met within the application.

 

But what if any t&cs are not on the same page, or are returned to the bank as part of the original 'application request ie where the application is in leaflet form and t&cs are on the back of what is submitted as an application? no photo copy is given to you and thereafter no seperate t&cs sent if the application is successful and the application is sucessful.

 

also, i havent seen anything yet on threads about the right to cancelation being part of the 'prescribed terms' and information on the application form about how you go about it. what if your application states something along the lines of 'you have the right to cancel within a certain time, (but no time specified) the details of which will be sent to you by the bank' so no proper cancellation details provided at the time of the application.

 

surely this is a situation where the application is a 'pre contract' especially if the decision as to whether or not the application was to be accepted was not made until a week or so later, but no agreement then followed for you to agree, sign and return?

 

im obviously being slow and missing something and would appreciate any clarity you guys can provide.

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lindy, I have just found my way here from the charging order thread.

 

Has this been to court and judgment given in LTSB's favour ?

 

There may or may not have been anything wrong with the agreement.. however LTSB were notorious for getting other things wrong.. for example the default notice.

 

Can you let us know a little bit more about what has happened for you to be so worried about losing your home as per the other thread !

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Hi Citizen B

 

no the matter has not yet been to court. a hearing date is pending as i have received the paperwork from Northampton CC.

 

i have been reading up on here about this type of situation never having gone through it before, and alarmed that my home is at threat because of this.

 

checked through all letters, but nothing called or headed DN. however a letter referrred to as 'Date of Notice' and page 3 of a statement. is this the same thing?

 

i cant even find anywhere what a DN is supposed to look like so i can compare it to this 'date of notice' letter which goes on to state

 

'you may have to pay default sums and interest in relation to the missed or partly made payments.'

 

the letter is sent from a their collection centre in Hampshire and states that it only relates to the last 2 missed payments, and 'does not take account of any payments received after the date of this notice'

 

sorry to be so vague

 

Thanks

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Hi Citizen

 

no, i have not received such a document. i have CP them so will be able to see what they say they have sent. once received i will check against the example given here.

 

This is very strange indeed.

 

i am very grateful for you help.

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lindy

you mention an overdraft in post #1, is this re a current account o/d/debit card or a credit card?

at what stage are you at with this? what have you done so far? can you type up their particulars of claim, less any identifiables and round up amounts.

a charging order (unless a voluntary one) is an enforcement option after there is a court judgment against.

Edited by Ford

IMO

:-):rant:

 

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Hi Ford

 

this refers to a credit card.

 

i have already contacted the court to acknowledge, so am waiting for documentation from Lloyds

 

in the meantime, is it normal when submitting a SARs request that the credit card company come back to you to request your signature before they provide the information - even thought they have accepted and cashed your postal order for a tenner?

 

do the 77/78 rules not apply with SARs.

 

i urgently need the SARs info and have read previously on a thread that there is a way, you can provide your signature through a scanner or something - therefore ensuring that it cannot be lifted and placed on other documents - any idea how i would go about this? or can anyone provide the link on how to do?

 

Thanks

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other points.

 

according to LTSB the credit card account has been terminated. but i have found a letter dated after the supposed termination date stating that they are changing the terms and conditions of what was the exisiting credit card agreement.

 

my question. if the account has been terminated how can they then subsequently change the terms and conditions?

 

also, once an account has been terminated, can the credit card company continue to charge interest to that account

 

input really appreciated.

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a sig is usually required re sar. could do one in a shaded box? or in a box with crosses? s77/78 cca doesn't apply to sars, would need to do that separately under those sections with the 1£ fee.

Edited by Ford

IMO

:-):rant:

 

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Thanks Ford

 

will send signature for SARS, but not very IT literate. how on earth do you send a signature within a shaded box or a signature box with crosses.

 

Still querying whether a credit card company can continue to charge interest, and change terms and conditins following the termination by them of an account.

 

will try to scan up the letter re changing terms and conditions ( but i think this was a generic letter out bulk mailshot anyway)

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contractual interest? their terms usually say whether or not such interest can continue after termination, but usually this interest is stopped anyway once it goes out to collection. certain notices may have been required. any interest re a court claim would need to be correctly pleaded on form. as asked before, what are their particulars of claim?

Edited by Ford

IMO

:-):rant:

 

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Hi

 

any caggers out there having to deal with SCM. the address i have been given has not provided a response, even though i have sent correspondence recorded delivery. CPR stuff.

 

just wondering if there is another address apart from the PO box address in Hove that i can send further communication to.

 

did try track and trace, but it only confirms that i posted the letter.

 

HELP!

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Hi

 

any caggers out there having to deal with SCM. the address i have been given has not provided a response, even though i have sent correspondence recorded delivery. CPR stuff.

 

just wondering if there is another address apart from the PO box address in Hove that i can send further communication to.

 

did try track and trace, but it only confirms that i posted the letter.

 

HELP!

 

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SCM are Lloyds

what is the issue please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Department SO

PO BOX 499

Second Floor

Three City Park

The Droveway ,Hove

East Sussex

BN3 7AU

 

 

Regards

 

Andy:wink:

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  • 3 weeks later...

Hi

 

i am being taken to court by Lloyds, who have advised (following my CPR request) that they cannot locate a copy of an original signed agreement so have attached a reconsituted copy.

 

however this is a pre 2007 case.

 

also they are unable to provide copies of credit card statements from inception stating ' The claimant is only required to hold statements for a period of 6 years so they have met their obligation in providing the statements they have'

 

the statements they have sent start with a large chunk, and the start amount on their print out could have come from anywhere? how would i be able to check?

 

they also state that they cannot provide a copy of the default notice because there is no obligation to, as they do not retain copies for practical reasons! they state that as it shows as being sent on their computer records then it was sent!

they have sent a template instead.

 

they are suggesting a settlement by way of a Consent Order.

 

But what is a Consent Order? what is it i would be consenting to? i have tried to look this up on the Web, but it refers in the main to divorce settlements:???:

 

i have been saving up for an all in one printer so that i will be able to print and scan up docs in private. at my local internet shop some of the staff have a good read of the items customers want to print off, prior to printing it!!! im on ESA so its taken a little while, but will be able to purchase a cheap on in a couple of weeks.

 

tried my library, they print but do not scan or photocopy. Please bear with me.

 

Thanks

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Hi Mould

 

there is no wording as they are suggesting this as negoiation and if i dont agree they will go for a summary judgement.

 

but what is a consent order anyway?

 

Thanks

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Thank you Lindyhop

 

A consent Order would be where you agree to all terms proposed by the Claimant therein, if you should default on the same, then the Claimant can enforce his claim and use said consent Order signed by you for the same.

 

As your agreement is pre-2007 and the Claimant is able to provide a re-constituted version of the same in order to meet the requirements of CCA 1974 for request made under the same, such reconstituted agreement may not satisfy the statutory requirements of CCA 1974 (As amended) which would, therefore, render the alleged agreement between you and your creditor unenforceable as a matter of law - see CCA 1974 sec 127 and Wilson v First County Trust in this respect.

 

Kind regards

 

The Mould

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Thank you Mould

 

i dont honestly know if the recon is correct, it is just a document that someone has typed up on unheaded paper. how would i be able to verify?

 

i take it that their failure to provide statements from inception and default notice makes no odds?

 

is it advisable to request sight of their terms for a consent order, and can i do so without admiting any liability? is there a template on here for such a response?

 

Thanks

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