Cca Requests Updates Please

cocker100

Well here they are, finally!!!:rolleyes: (Had some uploading problems)

http://s647.photobucket.com/albums/uu192/cocker100/lloyds

They have sent these on either side of an A4 piece of paper.

They have also sent the current terms and conditions of the account in addition to these images.

Any thoughts?????

Cheers,

Cocker:)


P.S. Sorry for the poor quality. Best I could do given the quality of the original.

UNCLE_BUCK

Hi cocker,

I am by no means an expert on this matter and im sure some of the top guys/gals will be along soon.
but from what i have gained from this site i t appears what they have sent you is your original application form and this is not your CCA.
They have probably photo copied the prescribed terms on the back (which is not good enough) but if you can not read it it would not suffice as a true copy.
Like i said im just a layman, but hope you find this useful.

blueforyou

cocker100 wrote: »

Well here they are, finally!!!:rolleyes: (Had some uploading problems)

http://s647.photobucket.com/albums/uu192/cocker100/lloyds

They have sent these on either side of an A4 piece of paper.

They have also sent the current terms and conditions of the account in addition to these images.

Any thoughts?????

Cheers,

Cocker:)


P.S. Sorry for the poor quality. Best I could do given the quality of the original.

I'd agree, quality is not good. Is this the way they treat their relationship with customers?. I despair.

10past6

cocker100 wrote: »

Any thoughts?????

Application forms are unenforceable, unless they contain the prescribed terms, looking at yours they don't.

Also, if the text is as poor as they appear within the images, then under Section 2(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 states as follow:

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 background medium upon which the information is displayed

cocker100

Thanks for all your replies. (Sorry, thanks button doesn't work)

The main application page is legible (just), however parts of the t's and c's on the back are certainly not. They have provided a very good copy of the current terms and conditions but I guess these dont count, right?

Do the prescribed terms need to be within the front page of the application form?

Does this mean that they are still in default of the CCA request, and as such, I dont need to restart payments to them? I removed them from my DMP, due to their non compliance.

They have stated that they will not enter into any more correspondence with me regarding this matter and they insist that they have fully met their legal obligations within S78 of the CCA1974. They go on to quote various acts as back up to their claim and go on to warn me of the many companies who claim to be able to have debts made unenforceable and the oft comments on them.

Basically they are saying pay up now or else as your agreement is 100% enforceable. Do you think it is time to call their bluff and let it go to court?


Cocker:)

10past6

cocker100 wrote: »

Do you think it is time to call their bluff and let it go to court?

It's difficult to make anything out within the images, but this is what you need to look for within what they've sent you, does it contain your signature, the rate of interest, the repayment schedule and the credit limit, if so, then it's an enforceable "application form" if it does not, then it's simply unenforceable.

cocker100

10past6 wrote: »

It's difficult to make anything out within the images, but this is what you need to look for within what they've sent you, does it contain your signature, the rate of interest, the repayment schedule and the credit limit, if so, then it's an enforceable "application form" if it does not, then it's simply unenforceable.

Hiya,

My signature is on the main page. There is a hand written credit limit of £1000 at the top of the page in the "bank use only" section. On the back there is an interest rate table for different credit limits (section 8) and a paragraph above it (7 Payment) making reference to the minimum monthly payment of £5 or 3% of the balance.

Does the back sheet count or do these need to be on the front?

Cocker:)

10past6

cocker100 wrote: »

Does the back sheet count or do these need to be on the front?

Both pages of the agreement need to ref number or please see over etc, etc., does it state that anywhere within the document?

If not, then how do you know the 2nd page is connected to the 1st page, therefore, I would say that alone makes the agreement unenforceable.

cocker100

10past6 wrote: »

Both pages of the agreement need to ref number or please see over etc, etc., does it state that anywhere within the document?

If not, then how do you know the 2nd page is connected to the 1st page, therefore, I would say that alone makes the agreement unenforceable.

There is a line on the front page that says:

"This agreement is subject to the Lloyds Bank Mastercard Conditions of Use as set out overleaf."

I cant see any reference to the front page on the back, neither does it quote any agreement/account number.

They rekon that as the t's and c's have changed since the account was opened, regulation 7 of the 1983 CNCD regs allows them to only send the current t's and c's in a legible form to comply with S78 CCA1974. The prescribed terms are clearly set out on here (credit limit/payments/apr) There is no reference to the account number on these however, only my name and current address which is different to the one of the application form.

Are they trying to confuse me with all this information in a last effort to get me to pay up? Up until now I was certain that a 10 year old agreement would be flawed in some way!

Cocker:)

10past6

cocker100 wrote: »

only my name and current address which is different to the one of the application form

Who has changed the address on that form?