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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds/SCM claimform - credit card debt *SETTLED BY TOMLIN + PPI RECLAIM**


lindyhop
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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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i have read that the OFT have recently placed sanctions(?) on a couple of banks/BS's because of their eagerness to apply for charging order on debts below £5,000 to try and secure the debt. what if any effect/implications will this have on the other banks/BS and the way they operate in this area?

 

im querying as i have a personal interest. i do not have the protection of restriction (K) and am worried that if a CO is granted, the CC provider will return to court, and i may be forced to sell my home becasue the CC provider wants the debt paid off more quickly.

 

at any CO application hearing would it be feasible for me to quote what has happened just recently with the OFT to help argue against the award of a CO and thereby encouraging my CC provider to accept instead installment payments?

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lindyhop

 

Can I ask if you have had a CCJ registered against you for the debt? And are you assuming a no "protection of restriction (K)" as you are the sole owner of the property? A bit more info would help. thanks.

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Hi, thanks for your reply.

 

i have a hearing that is pending, im on state benefits, and a sole owner.

 

its Lloyds and SMC that are taking the action. i am waiting for a response to my CPR, SARs etc. i have read on hear that lloyds CC had the terms on the back, so i assume if they have something with a signature even if it was an application form its transferable to an agreement as it will be deemed to have mets prescribed terms(?)

 

i am fretful and wondering if LTSB had a reputation for charging orders or if they were more reasonable, or were

 

how long is a period of time that the courts consider for a debt (of just under £5,000) to be paid off?

 

its a bit of a mess

 

thanks

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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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Hi Eggboxy1

 

its lloyds trying to get a CCJ, which i understand from here is the first stage, followed on very much by the mood of the DJ on the day.

 

having acknowledged the claim, i assume that i will automatically given the extra days to prepare my defence, for which i still need the missing info from Lloyds.

 

Thanks

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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
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HI Eggboxy1

 

their action is in connection with a credit card from the 1990's,

 

i have made a CCA request and am currently waiting for a response. SARs and CPR done and response awaited.

 

any idea how Northampton are working at the moment? and do you know what kind of rep Lloyds have for applying for charging orders

 

Thanks again

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lindyhop

 

If a hearing date has been set you need to write to the court to get it rescheduled explaining evidence you require to defend yourself has not been forthcoming. Make sure you notify the court what this evidence is, when you sent for it and that you don't want to waste the courts valuable time by turning up at the hearing and having to explain that Lloyd's have not complied with their legal commitments. (How long have you been waiting by the way?)

 

My personal experiences would tell me that it's unusual for Lloyd's to chase a debt under £5k but you can't rely on these statistics as my experiences also tell me they usually farm these amounts out to debt collection agencies too? But the whole process is far to random to call so hope for the best but plan for the worst. Which, in this case, is to make sure Lloyd's provide you with a correctly executed CCA agreement which gives them the right to pursue the debt through legal channels. If they can't then the CO is never going to happen so post back here what they provide you with.

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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.

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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?

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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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