Lloyds TSB Mastercard

[N.P]

Hi Paul,

 

Thanks for that.

 

Yes, the signature in the box is mine.

 

As for the PPI, I`m not sure if I needed to click it to progress with the application, it was so long ago. Saying that, there doesn`t seem to be any T`s & C`s regarding the PPI. The only ones they sent me are the current ones, which I haven`t read all the way through yet.

 

Regarding the quality of the copy, is there any template letters I could use? I`m not very good at writing letters.

 

Thanks again.

 

 

N.P

[pt2537]

Hi Paul,

 

Thanks for that.

 

Yes, the signature in the box is mine.

 

As for the PPI, I`m not sure if I needed to click it to progress with the application, it was so long ago. Saying that, there doesn`t seem to be any T`s & C`s regarding the PPI. The only ones they sent me are the current ones, which I haven`t read all the way through yet.

 

Regarding the quality of the copy, is there any template letters I could use? I`m not very good at writing letters.

 

Thanks again.

 

 

N.P

ok well i dont know of any good templates , but i am sure we can come up with something to sort them out

 

im off to a law lecture now but when i get back i will take a look ( well after the fotty i will) and see what i can come up with

[N.P]

Hi again Paul,

 

Thanks for the response.

 

Ok, no problems, we have the rest of the weekend to come up with something before I post it off, I`ve got Argos to srt out first anyway.

 

Have a good time at your lecture and the football.

 

Right, I`m off out for a look around town now, the other half is moaning like hell because I`m on here instead of going out earlier.

 

Keep the posts coming people, thanks in advance.

 

Catch you all later.

 

Regards

 

 

N.P

[N.P]

Hi again people,

 

Just thought I`d bump this on up again.

 

Any one with any more idea`s or templates for these morons?

 

Thanks in advance.

 

 

N.P

[citizenB]

bumping again. How are you feeling now NP ?. xx

[dilbert1]

All of the entries were typed and printed, not hand written, although the signature is handwritten. This I beleive was a Online Application. If so, I don`t understand the dates at the bottom of Page 1. Submitted 11 May 23.50, yet it was printed 14 May 08.04. If I submitted the Form online, I would have submitted the information then printed it out immediately., not 3 days later. I don`t understand that

.

 

Seems to make sense; you clicked submit on the form at 23:50 on Friday 11th May; a member of staff looked at it first thing on Monday 14th May (which incidentally was my birthday!) and printed it out.

[N.P]

bumping again. How are you feeling now NP ?. xx

 

 

Hi citizen,

 

Thanks for the post. I`m feeling loads better now.

 

Although the thought of going back to work tomorrow makes me feel sick.

 

 

N.P

[N.P]

Hi all,

 

Does anyone haver anything we can fling at them over the dodgy CCA and T`s & C`s they sent me?

 

The T`s & C`s are the current ones and not the one`s I signed up for 7 years ago.

 

Regards

 

 

N.P

[citizenB]

Would the letter that pt drafted for you in post #58 of this thread, suitably amended of course, be any good this time round ?

[pt2537]

Hi NP

 

Sorry mate but i have been busy today,

 

i will see what i can do in the morning after ive been to the doctors with regards to a response to these morons

[N.P]

Would the letter that pt drafted for you in post #58 of this thread, suitably amended of course, be any good this time round ?

 

 

Hi citizen,

 

Thanks for the post.

 

I have already used that one on them, quite a while back. It was edited then. The result was in Post 65.

 

The knob jockeys ignored that one also.

 

I could just wait until they start their demands again, which I`m sure they will.

 

Regards

 

 

N.P

[N.P]

Hi NP

 

Sorry mate but i have been busy today,

 

i will see what i can do in the morning after ive been to the doctors with regards to a response to these morons

 

 

Hi Paul,

 

Thanks for the post.

 

No problem dude, I just want to make sure I`m ready and packing for when they start chewing again, if you know what I mean?

 

Anyway, what was the Lecture about? If you don`t mind me asking? Was you giving it or listening in?

 

Regards

 

 

N.P

[pt2537]

Dear Sirs,

Account no xxxxxxxxxxxxxx

xx/xx/2008

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter-dated xx/xx/2008 the contents of which are noted.

 

I note that you have included a copy of the document, which you aver to be the copy of the credit agreement between us

 

Now I wish to draw your attention to a series of concerns that I have with that document and why I feel that you have not discharged your duties under Section 78(1) of the Consumer Credit Act 1974

 

I turn to the first page headed “asset advance application form and agreement” within the first page there are no prescribed terms as required by schedule 6 column 2 of the Consumer Credit Agreements Regulations 1983 SI 1983/1553.

 

To avoid any argument, the prescribed terms for this style of agreement (running account credit) are as follows

 

1. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

 

2. A term stating the rate of any interest on the credit to be provided under the agreement

 

3. A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Now im sure you are aware as per Wilson & FCT [2003] All ER (D) 187 among others that if the prescribed terms are not in the agreement then the agreement is rendered unenforceable

 

 

So I turn to the second page, now the prescribed terms may or may not be contained within this document. To be honest I cannot tell as its not legible, infact even when blown up on the pc it is not legible and as a consequence I believe that the document fails to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

For your information, I reproduce regulation 2(1) for your reference

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

Clearly as the document you have supplied is not easily legible you cannot say that you have discharged your obligations under section 78(1) as the document does not comply with the copy document regs referred to above

Now to quote your own words from paragraph 3 of your letter “this means in effect as long as the terms are clearly shown, the CCA requirements are satisfied” well im sorry but they are not as the second part of this document that you supplied in reply to my CCA request is not clearly legible

 

Now to resolve this matter you can either supply me a copy of my agreement, which is in a legible form where all the terms are clearly stated and the prescribed terms are embodied within the agreement

 

Or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the county court and I will request pursuant to section 142(1) of the CCA that the court make an order on the enforceability of that document.

 

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have then the court would have no other option but to rule the agreement unenforceable

 

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot although the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this debt as it cannot be enforced without a truly legible signed credit agreement containing the required prescribed terms

 

 

I await your reply

 

 

 

 

...........

[citizenB]

Hi citizen,

 

Thanks for the post.

 

I have already used that one on them, quite a while back. It was edited then. The result was in Post 65.

 

The knob jockeys ignored that one also.

 

I could just wait until they start their demands again, which I`m sure they will.

 

Regards

 

 

N.P

 

 

Sorry, I just came back to post that I had just noticed you had used the letter once before. However it looks as though pt has now produced a beaut for you

[pigsic]

Hi N.P

Just thought I would let you know, sent a letter today to MHA collections regarding mum lloyds tsb saying that the account is in dispute and to return the account to lloyds tsb

lisa

[N.P]

Hi Paul, citizenB & Lisa,

 

Thanks for the posts people, and a BIG THANKS for the letter Paul.

 

I`ll wait until they start their demands again, then I`ll fling it at them.

 

Lisa, did you know MHA Collections ARE Lloyds TSB masquerading as a DCA? They seem to be sending out letters to people from all sorts of angles.

 

 

N.P

[pt2537]

why wait?

 

id throw it at em now

[N.P]

why wait?

 

id throw it at em now

 

Hi Paul,

 

Ok, I`ll send it off tomorrow. I just don`t want to encourage them, LOL.

 

I`ll have plenty of time as I`m off tomorrow. I went back to work today, but they sent me home because I didn`t have a Dr`s note to say I was signed off the sick, even though I didn`t sign on the sick. But as I have been in hospital, I need to see a Dr. Silly eh?

 

Thanks again.

 

 

N.P

[pt2537]

well, i prefer to be on the front foot so to speak. its better to put the pressure on them rather than sitting back and waiting til they get off their ass and reply in 6 or 7 months time.

 

thats my opinion, as if they come back and say thats all they have then its on the attack to get it written off IMHO so its better to find out sooner rather than later

[N.P]

well, i prefer to be on the front foot so to speak. its better to put the pressure on them rather than sitting back and waiting til they get off their ass and reply in 6 or 7 months time.

 

thats my opinion, as if they come back and say thats all they have then its on the attack to get it written off IMHO so its better to find out sooner rather than later

 

 

Ok Paul, I copy that.

 

Thanks again

 

 

Neil.

[empowered]

Hi again to N.P., citizenB et al! My, we are keeping Lloyds busy! OH has today received exactly the same letter you have had from MHA Collections ....oohh scary! Sequence of events as followsLetter from **** on 8 Jan wanting moneyCCA request sent 14 Jan - zilch so farAnother threat-0-gram from **** on 10 March - Fired back the "frankly I am surprised to remind a firm of solicitors".And now passed onto MHA - all copies of correspondence will be sent to them with another snotty letter from me. x

[speedtrip]

Hi guys join the club, lloyds have admitted they do not hold cca for credit card as over 6 years old rubbish and now they have just sent me POC which I am preparing a response to.

 

please see my thread re AIC

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112285-allied-international-credit-6.html?highlight=speedtrip#post1462782

[N.P]

Hi empowered and speedtrip,

 

Thanks for the posts.

 

Empowered, how old is your account? Mine would be about 6 years old know, and I first I thought they didn`t have a CCA, but they turned up with something they call a CCA, but others beleive it to be unenforceable, so who is right?

 

Anyway, I still haven`t sent them that letter from pt2537 (thanks again Paul). I`m not sure what is wrong with me but for a number of weeks now I have been feeling down, and very weak and constantly sleeping. I`m on my 3rd week on the sick now from my blocked bowel. I went to the Dr`s yesterday and he asked ME what I wanted HIM to do. Eh? I thought HE was the Dr? So he just gave me another sick note. The useless t**t!

 

I really need to get that letter out though, and I`m hoping to do it tomorrow or Friday at the latest. But, as soon as something else comes through, I`ll post it up on here.

 

Thanks again people.

 

Regards

 

 

N.P

[empowered]

Hi NP -Heaven knows how old Oh's a/c is - must be as old as him! I think about 20 yrs old (OH is now 60!). Just concentrate on getting yourself back to a healthy state - in the grand scheme of things nothng else matters! We can all gang up and hit them later where it hurts Debs x

[Goldlady]

Hi you guys, NP I do hope you feel better soon.

 

My LTSB card is ancient too and the last correspondence I had was a letter I sent AIC in February telling them YET AGAIN that they had not complied with my CCA request. I had their standard blurb about them not needing to keep ancient agreements and told them not to be silly....