CCA Request reply from Lewis

[racingdriver]

Just got a cca request back from lewis today with regards to a credit card i had with the TSB 7 years ago & it goes some thing like this.

 

Asset application form & agreement.

 

If your application is accepted by our signature below and we send you a card, then this will form the agreement, made between you the principal cardholder & us Lloyds TSB based on the conditions overleaf.

 

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

It has been signed by both parties, however it has no APR etc and the "Conditions overleaf" seem to just be a photocopy of current conditions of there cards.

 

Not to sure if this is forms an agreement or not, could someone please point me in the right direction of some samples or what are & what aren't agreements.

 

Any help would be much appreciated.

 

Cheers.

[Guest Mincemeat]

Have they sent a signed copy of the statement of account showing what is due and when (signed properly in ink, by a person)?

 

I'd send back a letter stating that they haven't complied with the request you made and that you suggest they read the relevant legislation before attempting to fulfil their statutory duties.

 

There are a number of prescribed items that an agreement needs to have on it if it can be enforced by a court of law. If you've had this for 7 years I believe (and don't anyone shoot me down here) that they need to state APR, just interest. The whole agreement needs to have the heading containing 'Agreement under the Consumer Credit Act 1974', it needs to have a credit limit (or a statement along the lines of 'we will inform you of your credit limit'), it needs to have the frequency of repayments, and a couple of other things that have slipped my mind at the moment. Oh yes, there must be a signature box for you to sign, again headed with something containing 'consumer credit act 1974' and nothing else. Have they signed the agreement or stamped it? If it is a stamp, and it is just a stamp of someones signature without the words 'on behalf of XXXXX' this too may not be sufficient to execute the agreement.

 

There are a couple of behemoth threads on here where this is discussed in more detail

[racingdriver]

There is no APR or Credit limits anywhere on the front page, however having a closer look there is APR in the conditions that they have sent.

 

e.g.

 

Outstanding balance first 6 months 15.9%

 

Outstanding balance after 6 months

 

upto £499.99 18.9%

£500-£999.99 17.8%

£1k or more £15.9%

 

on the front of the document it give me a choice of which card i would like (Visa or Master card), card design etc which pushes me towards this is an application form & not an agreement.

 

Signature box is there with "This is a credit agreement regulated by the consumer credit act 1974, sign it only if you want to be legaly bound by it's terms. signed by myself.

 

For bank use only at the bottom of the page - "Siganture for Lloyds TSB PLC". Signed by lloyds.

[Guest Mincemeat]

As this is a little bit older, the APR is allowed to be in the T&C's and not in the signature document. Does it mention the credit limit at all? If not in monetary terms, it should state something like 'we will advise you etc'. Does it also state how frequent payments are required?

 

By the sound of things this does sound like it might have enough wings to be enforceable as an agreement - even though it obviously is an application form. There are differing opinions on here with regards to whether or not an application form can ever be an agreement, and there are quotes from a minister to state that one cannot be the other, but this is as yet untried.

 

I'd try and get them to produce the original terms and conditions, as it will have been a term in the original document that allowed them to update the terms and conditions, and without it how can you check the validity of them sending you the updated T&C's?

[dencha]

Go here and enter the info on the alleged CCA, will tell you if it is OK or not.

 

Financial Agreement Solutions

 

dencha

[racingdriver]

Again in the terms & conditions they have sent is says

 

a) we will set and notify you of your credit limit.

 

g) Statments will show the minimum you must pay and the payment date. Normally this will be 25 days after the statment date.

 

It also says above the signature box "I Apply for the asset card on the conditions overleaf.

 

The conditions they have sent are just a photo copy and have no signature on them, my signature is only on the front of the application form.

[rory32]

Oh dear - they don't really have a clue

[racingdriver]

Just being thoughly reading the condtions and have noticed on condition 4 it says "Credit limit (see also conditions 5(g) and (h))", however the conditions 5 & half of condition 6 are missing, will this make any differance at all in this being an enforceable Agreement/Application.

[dencha]

Have you been to the site I put a link on for you where you can enter the information you have on your alleged CCA and it will tell you if it is any good or not.

 

Financial Agreement Solutions

 

When you go to the site click on 'Check Agreement'. This will open up into a form and where you enter the information if it is included on the application form you have been sent. It will then generate a report for you.

 

The alternative is to scan the document and post it on this thread so it can be seen and commented on. Block out personal info first.

 

dencha

[racingdriver]

Yep being to this site however it's says there are unable to check credit agreements on "credit cards" or finance with ppi link to it.

 

I will try and get a scan of the document and get it uploaded.

 

Cheers

[dencha]

Thanks for pointing that out racingdriver.

 

dencha