Unenforceability & Template Letters III

never-in-doubt

Jacobs_Crackers wrote: »

Hi Nid,
I've had my CCA response back today for my Lloyds TSB CC account & I'm just SO excited I had to let you know! The silly sods can't find the agreement & have sent me the terms & conditions. :rotfl: They say they are endeavouring to find the original, but I am to be assured that they would not have opened the account without sight of it! We've all heard that one before haven't we!
It hasn't got the biggest balance on it you've ever heard of - 9k - but this is A LOT of money to me.
So, my plan now is to crack on with your template letter CCA query 3.2 & see what they have to say about that!
Thanks a million,
JC.
x
(If I was the queen, I'd give you a knighthood!)

Excellent - well done JC

I doubt they will find it now, thing is if they send a copy then send template 3.3 lol - that's usually what they do... their claim that 'we wouldn't have opened an account without an agreement' cannot stand up in court for pre 04/07 agreements so they are barking in the wind for that one! If it was after 04/07 then this can be used as a good enough argument to obtain judgement, i.e. the balance of probability which is what post 04/07 agreements will end up being judged on (I assume)

never-in-doubt

averageguy11 wrote: »

Ive got the cc and the pnl res...about 5k in total

(Just for yur info i was 50k now down to 14k thru some capital raising..some f/f deals...and a bit thru the monthly payments on dmp...MS dont seem to bad (at mo)...CAPONE starting to play silly !!!!!!s..and the balance over 2 lloyds accounts..they arent the best to deal with especially if u get shunted thru to the indian call centre who seem to think u can live on eating peanuts and walk around naked as they dont seem to think u shud buy clothes to replace worn out ones)

Hiya

If that is the case then yes, you can CCA all M&S products (one CCA per account).....

burton_trade_kitchens

Morning Never in Doubt !!!
Just had to post and say a quick hello....
What a fantastic new thread you have started here.
Things have gone very quiet for me at the moment :j with regards to creditors etc..
I have surprisingly had an appology letter from B/C saying that they are taking my complaint seriously !!!!
Not heard a peep from the others though:)

It's nice not to have to ask you for anything for a change..
Keep up the good work..Everybody appreciates it M8..:beer:
Have a good day !!!!!!!!

averageguy11

never-in-doubt wrote: »

Hiya

If that is the case then yes, you can CCA all M&S products (one CCA per account).....

Thanks for the replies ..i will start the ball rolling with the CAPONE account and certainly give consideration to asking on the others...uve given me a lot of food for thought

roadster

never-in-doubt wrote: »

My only real question would be was this page on the rear of the application form http://s789.photobucket.com/albums/yy173/roadster_04/?action=view&current=Image2.jpg

also is this the same page but bigger, http://s789.photobucket.com/albums/yy173/roadster_04/?action=view&current=Image6.jpg if not - what is it? A duplicate?

I'm slightly confused as to what all the documents are and how they were originally supplied - can you remember mate, i.e. was one of these on the rear of the application form? Thing is, as you've guessed they are both the prescribed terms and I think they have reconstituted them - but need to know if you recognise them in any way or if they were on the back of the application form, as they suggest when you see this:

I accept and agree to be bound by the general conditions applying to the card as set out separately and the details about the card as set out overleaf, both may ammended from time to time.....

Morning Mate

All the docs received were single sided and are posted on the link i sent. All separate and there is no enlargement of the one you have questioned it was just another page they sent. When I signed for the card there could have been the PT on the back, but that was 9 years ago so cant remember.

Hope that makes sense.

Cheers Mate

never-in-doubt

roadster wrote: »

Morning Mate

All the docs received were single sided and are posted on the link i sent. All separate and there is no enlargement of the one you have questioned it was just another page they sent. When I signed for the card there could have been the PT on the back, but that was 9 years ago so cant remember.

Hope that makes sense.

Cheers Mate

Hold fire mate - send nothing back right now. I am asking for clarity on this one cos in light of page 2, I feel it may now be enforceable but want to check the legal status of the wording:

'I accept and agree to be bound by the general conditions applying to the card as set out separately and the details about the card as set out overleaf, both may ammended from time to time'

I'll update you later once i've had a second opinion. As things stand, it does appear enforceable mate - those goddam terms have done it, :mad: :mad:

roadster

never-in-doubt wrote: »

I'll update you later once i've had a second opinion. As things stand, it does appear enforceable mate - those goddam terms have done it, :mad: :mad:

Hi Mate

Enforceable ? The copy of my application form is 1 document and all the T&C are on another doc. They could put anything on the other doc they wanted (like i promise to give 1 of my kidneys as payment etc etc) surely it would need my sig on the PT doc not just on the application form. Or am i clutching as straws with this 1.

Cheers Mate

never-in-doubt

roadster wrote: »

Hi Mate

Enforceable ? The copy of my application form is 1 document and all the T&C are on another doc. They could put anything on the other doc they wanted (like i promise to give 1 of my kidneys as payment etc etc) surely it would need my sig on the PT doc not just on the application form. Or am i clutching as straws with this 1.

Cheers Mate

It should have your siggy on the same document that contain the prescribed terms mate - OR A LINKED DOCUMENT!

Usually the link refers to 'read and agree to the attached terms & conditions' or 'I agree to section 8.2a of the terms & conditions overleaf' - those are both valid links. Yours however may not be, that is the crux of the matter mate - I am trying to establish the legality of the linking - personally (and my original post) suggests it was still unenforceable but in light of a nights sleep, I edited it instead cos I am a little in 2 minds with this one right now.

I'll get you a second opinion and we'll go with that mate - I do think it is unenforceable but if the link to the attached 'document - whatever that may be' is lawful then it would appear enforceable.

My post at 10.23 last night (here: #221 ) is a different one to that you read now as I edited it at 6am!

Don't worry just yet mate... hold fire for now.

tez_c

I had a PPI claims company contact me about this also after I tried on a number of times to get through to my lender without response - writeen or otherwise.

never-in-doubt

tez_c wrote: »

I had a PPI claims company contact me about this also after I tried on a number of times to get through to my lender without response - writeen or otherwise.

I hope you told them to p!ss-orf in a nice posh accent?

What have you sent so far? If you want to go this route, read page 1 - easy peasy now to do it yourself