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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lloyds Bank credit cards


mikesmotor
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I don't know where this 2002 date comes from. Yes they need to supply a true copy of the original.

We could do with some help from you.

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To clarify

 

CCA request can be a reconstituted version provided it contains accurate information that would have been present in the original CCA. I think there was some talk that DCA's or creditors could send any information to comply with the CCA request, but I think the current requirement is that any reconstituted version must contain all the same information, as if it were the original CCA.

 

For any court claim, they would need the original CCA, plus full details of all changes during the time the card account was held.

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I believe that s78 was altered in May 1985 to take account of the fact that original documents may no longer be available but, as you say, the concocted document must still contain all the details of the original agreement.

 

Some less scrupulous organizations (LTSB) are using that as an excuse for not supplying any documents, copies or otherwise, in the hope that they can get away with the fact that a true credit agreement was never made.

 

Just a point, although Ltsb have never provided documentation to me they still are holding my fee!

 

Mike

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  • 1 year later...

I've posted this once before but I think it led to some confusion.

 

 

I have recently sent a CCA request for a copy of the agreement for a credit card I took out with TSB

before they became part of the Lloyds banking group.

 

 

A reply came stating that because the card was taken out before 19th May 1985

they don't have to supply a copy of this agreement.

 

 

I know this date has something to do with the supply of terms and conditions

but I am sure it has nothing to with the credit agreement itself.

 

 

Has anybody any info that might shed some light on this.

 

Regards

Mike

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Yes they do. If they can't find one bthen don't pay them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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s78 came into force on 19.5.1985.

 

Schedule 3 of the 1974 act states that s.78 applies to an agreement made before 19.5.1985 where the agreement would have been regulated agreement if made on that day.

 

As such under regulation 9 of the copy documents regulations specifies that in the case of an agreement made before 19.5.1985 it is sufficient to supply a copy of the current terms ,

 

this then acts as a true copy.

 

we are talking here about the requirements for a s78 reply only, not for court enforcement

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we are talking s78 only not s61/65 127(3)

 

in order to fulfill their requirements under s78

 

the current terms will meet this obligation

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  • 1 month later...

I've just received a reply from Lloyds Bank stating that they have case law (Carey v HSBC 2009 EWHC 3417 QB) which says that they are not obliged to provide a true copy of the aggreement as per s77 of the CCA 1974. Does anybody have any knowledge of this case and its implications.

 

Regards

Mike

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Nothing to do with Carey pre 19/5/1985 as above

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For accounts started prior to 19/5/1985 as per post no4 as above

 

Carey case not relevant

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Interesting as I've just found a transcript of the judges summary of this case and it would appear that the creditor can discharge their duty by supplying a 'reconstituted' copy of the executed aggreement but it still has to be an executed agreement and they still have to supply it or refund the fee paid.

 

Mike

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Yup.

 

also to enforce it in court the original must me presented

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  • 1 month later...

I've just received from Lloyds a default notice for this credit card that has entered default as they have not supplied me with a copy of the agreement or refunded my fee. Should I just ignore this or write a reply. Any info would be helpful as I have not come across this before.

 

Regards

Mike

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  • 4 years later...

About five years ago I out a request for a copy of a so called  credit agreement for a card I held.

As they did not provide these documents (mainly because I never signed one) I wrote to them saying the matter is now in serious dispute.

 

Just recently I was contacted by an organisation called CSL based i Whitechurch Bucks.

Since then Lloyds have re-contacted me saying that because the credit card was taken out before 19th May 1985 they did not have to supply these documents and, as such, they have returned my fee of £1.00 plus £100.00 compensation.

 

My enquiry is, are they right in the date they have quoted and what should I do about the cheque

(I suppose the obvious thing to do is cash it but would I be admitting to anything if I did).

 

Many thanks for any help

 

Mikesmotor

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merged to the existing thread on this card.

 

when was the last time you paid this mike?
 

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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So not too long to go till sb date.

Sit on your hands

 

 

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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Statute Barred...<click the word

 

With regards to the cheque...open up another basic bank account not associated to LB

 

Andy

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