Claiming back and CCA diary

kel123_2

Recieved as letter from HBOS today regarding one of the accounts


Dear Mr Bloggs

I refer to your recent enquires regarding your asccount. I was sorry to learn that you are unhappy with the service we hasve provided

We are keen to deal with your concerns as quickly as possible. I have asked for one of our Customer Care Managers to investigate the points you have raised and you will receive as reply shortly, but certainly no latter than 4 weeks.

You will find enclosed as copy of our complaints leaflet. This tells you how we BLARDY BLAR....


Unhappy - I will be if they reply by the 19th!:rotfl:

kel123_2

OK guys it's time to chip in and say what you think!!!!!!

Today I have received 2 lloyds cca's (well maybe)?

CCA one:

Title:- Asset Gold Upgrade form and Agreement

Then:- 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 priciple cardholder and us lloyds tsb bank plc (card services,po box 33, brighton bn1 4be) on the conditions overleaf.

Then: credit agreement regulated by the consumer credit act 1994

Then 5 sections:

1. Your choice of card
2. Your personal details
3. application for an additional card
4. Optional features
5. Confirming your application

Under section 5: the first section contains my signature and date and right to cancel blerb. The second section Data protection and marketing and a box for 'Signature for lloyds tsb bank plc (card services), Written in between data protection and marketting is "£4250 runs 11/6" and there is no signature or date in the 'Signature for lloyds tsb bank plc (card services) box.


The application was made on 31/5/02 so I assume £4250 runs 11/6 was the agreement date and limit???? and what about no signature when they clearly state 'if your application is accepted by our signature below' A not very good copy of the terms and conditions are attached.

i'll do the next one under a new post:T

kel123_2

This is the account that I fell for hook line and sinker and finally gave me my LBM


Title: lloyds tsb, credit card special offers - created for you.

Then: Tipical 9.8% apr on purchases, free sentinal card protection for 1 year, half price PPC until 31st jan 2006 and 0% balance transfer for 6 months.

Then 6 sections:

1. Choice of card
2. Your personal Details
3. Your additional card holder
4. additional benefits
5. Your Declaration and acceptance
6. Balance tranfer form
and a for branch use only (2lines)

Under section 5: is some blerb which includes '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 priciple cardholder and us lloyds tsb bank plc (card services,po box 13130, brighton bn1 4lt) on the terms and conditions set out in the document labled customer copy' There is also a box to sign and date (signed and dated by me) and a right to cancel blurb.

For Branch use only: 3 headings

1. Submitting branch sort code - xx xx xx entered
2. Employee ID Number - XXXXXXX entered
3. New lloyds tsb credit card number - blank

There is also a square date stamp '28 FEB 2005' at the top of the form. And a legable terms and conditions attached.


There is no limit, no new credit card number and no authorisation signature (they say there should be):eek:

What do you think about this one?

kel123_2

After reading loads of blurb, Both cca's have not been properly executed becuase lloyds tsb have not signed the agreement, and only a court can make this enforceable.

IS THIS CORRECT?

What I need now is the relevant sections of the act that say this.

Do you think any other parts of these cca's are missing?

Don't want to give up without a fight, BUT!

shinyhead

Hi, bumping up so hopefully someone more experienced will see it and be able to help.

One thing, I thought if you don't have a valid CCA such as you believe you have then it cannot be enforced by a court, anyone clarify??

I was under the impression that was the whole point going down this route as in the end if they don't come up with one then you're perfectly entitled to tell them on their bike.

fermi

kel123 wrote: »

What I need now is the relevant sections of the act that say this.

Consumer Credit Act 1974

Consequences of improper execution.

65(1) - An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

fermi

shinyhead wrote: »

One thing, I thought if you don't have a valid CCA such as you believe you have then it cannot be enforced by a court, anyone clarify??

My understanding is:

If it is missing the "prescribed terms" or is not signed by you, then it should be unenforceable even through the courts (for pre April 2007 agreements).

If it is incorrect in some other way, resulting in it being just "improperly executed", then it is enforceable by an order of the court only.

kel123_2

Thanks fermi

My thoughts are that REG 3 (no need to produce creditor sigs) does not apply because of their written '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 priciple cardholder and us lloyds tsb bank plc' Hence making what the've sent an application form. Also I requested a true original CCA and perhapse should have asked for a true original executed CCA or don't you think that makes any difference.

Also cca 2 has no credit limit and do you think because the rates of interest are preprinted within the title they are imployed rather than stated and futher proof of improperly executed is there is no card number entered.

Cca 1 has no interest rate (only in terms and condition but are said to be variable and do not take this into account)

So should I call them 'not properly executed cca's' or 'application forms' or both?

kel123_2

sending these responces to lloyds tsb today

10th April 2008

Lloyds TSB Bank Cards PLC
Financial Management Unit
Charlton House
Charlton Road
Andover
Hants

Account Number: xxxxx

Dear Sir’s

Thank you for your correspondence, received 9th April 2008.

After taking advice it is assumed that this correspondence relates to my request as per the letter dated 29th February 2008 (attached) and the subsequent letter dated 26th March 2008 (attached)

The assumption is because there was no covering letter and the document has no account number on it.

As you are aware you have failed to meet the Consumer Credit Act 1974 time scales in not supplying this document within 12 working days, furthermore you have still not complied with my request for you to supply a copy of the true original Customer Credit Agreement for this account under the said act. What you have sent is an application form, which has not been fully/properly executed. Within this application form it says:

Credit Agreement Regulated by the Consumer Credit Act 1974. If your application is accepted by our signature and we send you a card, then this will form the agreement between you the principle cardholder and us Lloyds TSB Bank (card services)

And this clearly identifies the document as an application form because there is no signature on behalf of Lloyds TSB Bank.

Please refer to my letter of the 26th March 2008 as I wish this matter to be resolved.


and

10th April 2008

Lloyds TSB Bank Cards PLC
Financial Management Unit
Charlton House
Charlton Road
Andover
Hants

Account Number: xxxxxx
Dear Sir’s

Thank you for your correspondence, received 9th April 2008.

After taking advice it is assumed that this correspondence relates to my request as per the letter dated 29th February 2008 (attached) and the subsequent letter dated 26th March 2008 (attached)

The assumption is because there was no covering letter

As you are aware you have failed to meet the Consumer Credit Act 1974 time scales in not supplying this document within 12 working days, furthermore you have still not complied with my request for you to supply a copy of the true original Customer Credit Agreement for this account under the said act. What you have sent is an application form, which has not been fully/properly executed. Within this application form it says:

Credit Agreement Regulated by the Consumer Credit Act 1974. If your application is accepted by our signature and we send you a card, then this will form the agreement between you the principle cardholder and us Lloyds TSB Bank (card services)

And this clearly identifies the document as an application form because there is no signature on behalf of Lloyds TSB Bank.

Also there is no rate of interest on the document, there is however a reference to the interest rate within the terms and conditions although you contradict this by saying ‘All these interest rates are variable. The apr’s below do not take any variation into account’. This copy of the terms and condition is of poor quality and sections are unreadable. Also another assumption is that the written ‘£4250 runs 11/6’ (within a space) is the credit limit and start date?

Please refer to my letter of the 26th March 2008 as I wish this matter to be resolved.

kel123_2

OK it's time for the 12 working days + 1 calender month letter. I am assuming I will go to court

What do you think of this

Second DEFAULT

(Under the consumer Credit Act 1974 – failure to comply within one calendar month)

This accounts went in to default on the XXXXXX when XXXXXXXXX failed to comply with a reasonable and lawful request under the consumer Credit Act 1974, to supply a true copy of the executed Customer Credit Agreement for this account

This account remains in dispute and this letter constitutes a formal
complaint, although it is envisaged that no further correspondence
will be entered into

Summery of how this account became unenforceable

Xxxxxxxxx Letter to xxxxxxx (attached) requesting a list of bank charges and a copy of the true Customer Credit Agreement for this account, for which the maximum charge under the Consumer Credit Act was enclosed (£10 and £1 respectively). The letter was sent recorded delivery and was signed for on the xxxxxxxx and subsequently the cheque was cashed on the xxxxxxx

Xxxxxxxxx Letter to xxxxxxxx (attached) advising you that you are in default of the Consumer Credit Act 1974 and that this account was now in dispute. The letter was sent recorded delivery and was signed for on the xxxxxxxxxxx

It is not my responsibility to advise xxxxxxxxx on the relevant sections of the Consumer Credit Act 1974, only to make you aware of the validity of said act: Attached is a recent copy of a letter sent by Gareth Thomas MP (Parliamentary Under-Secretary for Trade and Commerce) to Owen Patterson MP on the 15th February 2008 with regards to one of his constituents. (personal details are omitted in line with the Data Protection acts)

Under the Consumer Credit Act 1974 and in conjunction with the Criminal Justice Act 1970, it will be deemed harassment if you directly or indirectly contact me with regards to payment on this account. Furthermore I reserve the right to seek compensation for these actions, also I reserve the right to report xxxxxxxxx to all relevant authorities upon such actions.



Is it a:

:rotfl:

or



or

:T