cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQUEST

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I signed the above form on the 5th nov 2004.... If you click on the image, when it opens there is a button to enlarge it, it is very clear to read then.

This has nothing to do with legalities but this is the day after i buried my mother, i was in a terrible state and have no idea what on earth i was doing signing things like this when i was in no fit state to do anything let alone sign things like this......... so i cannot remember if this was an offer via email, that i would print out, sign and send to the bank or if i got the forms from the bank, i just have no idea.


Sarnie

[Amethyst]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Just sorting image out a little.

[Amethyst]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

That's a credit agreement.

Do you have the accompanying terms (and the back of that sheet?)


Lloyds sent this to you following your CCA request in 2009 ?

[Gorang]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Now you have the 28 day extension in the bag

Can you say for 100% sure that this IS or IS NOT statute barred
(I am asking as I have had letters from Lloyds with the WRONG amounts on them, for 2 bank accounts and a credit card account that are ALL statute barred now, they have TRIED to show I have paid money to the accounts when I HAVE NOT)

I see that the letter from Lloyds says

formal demand for £x940.05 on 3rd April 2007
then they say you paid £105 between April 07 and May 09 (similar to the amount Lloyds said I paid to each of my accounts when I didn't)
and the balance was then £x835.05 on 26th May 2009

How did you pay this account when you was paying it off??
Was it by cash over the bank counter
was it by debit card over the banks counter
was it paid ONLINE from a bank account???? (which this is the one I am hoping for)

If it was paid online or via debit card from a bank account, then do you still have the bank account statements from 3rd April 2007 to 26th May 2009?????
If you do then do they show any payments to the Lloyds account at all???

Remember your credit files will NOT show what payments were made OR when they were made so do NOT depend on them as proof of anything with regards to payments made

I ask you to double check for this as if you can PROVE no payments were made then it IS statute barred no matter what the Lloyds letter says

As long as you are 100% certain that that £105 was NOT paid then I strongly advise of getting PROOF of this via statements of either this account or statements of an account that the payments would of come out of

I personally would concentrate on this avenue FIRST so you can say for sure one way or the other

If you can say or prove that it is NOT statute barred, THEN look at the other options

But this is only my opinion

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Bless you Amethyst x. for sorting the pics, i spent over 2 hours this morning taking pics with my phone editing uploading and then having trouble posting them on here so they just opened up large size, but no joy.

Yes all on page1 are what i was sent in response to my CCA in 2009, CCA and 'newer' T&C's.
((Can i ask if it complies as an agreement, as i thought it doesnt have credit limits or anything like that on it, i thought it needed more terms ?....... i did look into it when it turned up.))

There should be on page 1 of this thread the other attached sheet with this agreement (pic 2) and the other pics are of the 'newer' T&C's lloyds provided............ in the agreement, it says read para 5 or something like it, the newer terms dont marry up !.

are the pics of the payment dates and my credit file print out of any use in regards to it being SB'd


Sarnie x

[Amethyst]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Okay good, to comply fully with the CCA they need to give you the terms from that agreement, reconstructed or not, so they should marry up.

Phew. lol.

I didn;t really get what your other pics were trying to show - doesn't sound like it's stat barred from what Gorang has said on looking through them ( then they say you paid £105 between April 07 and May 09 ).

Where were you paying £2 payments to ? a DMP ?

[Amethyst]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

So to summarise, you have a CCA from Lloyds but not the right terms and conditions. You aren't statute barred as you paid £2?? in May 2009.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Now you have the 28 day extension in the bag

Can you say for 100% sure that this IS or IS NOT statute barred No i cant, i had two accounts back then, a loan and this card, it does show on lloyds very own credit report i posted earlier that it looks SB'd, but then his letter says that, like you im not sure what to think.
(I am asking as I have had letters from Lloyds with the WRONG amounts on them, for 2 bank accounts and a credit card account that are ALL statute barred now, they have TRIED to show I have paid money to the accounts when I HAVE NOT)

I see that the letter from Lloyds says

formal demand for £x940.05 on 3rd April 2007
then they say you paid £105 between April 07 and May 09 (similar to the amount Lloyds said I paid to each of my accounts when I didn't) i know thats whats throwing me, i wrote to them seperately about the loan and the CCard, they replied in one ltter even after i requested the reply to each individualy, makes it a bugger to work things like this out
and the balance was then £x835.05 on 26th May 2009 yep,

How did you pay this account when you was paying it off??
Was it by cash over the bank counter definatley not
was it by debit card over the banks counter i would say 99.9% no
was it paid ONLINE from a bank account???? (which this is the one I am hoping for) possably or over the phone with a debit card

If it was paid online or via debit card from a bank account, then do you still have the bank account statements from 3rd April 2007 to 26th May 2009?????
If you do then do they show any payments to the Lloyds account at all??? no i havent been able to access that account as they closed it, this a reason why i was asking a while ago weather it was worth me doing a SAReqest as i know this would give me what i needed to say it is or isnt............ but because of lloyds letter saying i paid money i didnt bother and didnt get much of a reply on here as was told i wouldnt get it in time, although i had a feeling i would be getting the extended 28days which if id asked for it back when i thought of it, i would of had the time to get it, technically knowing how they drag their heels.

Remember your credit files will NOT show what payments were made OR when they were made so do NOT depend on them as proof of anything with regards to payments made AAh in that case then, i feel the worst, i did post before i had written on one letter that i made a payment of £5 in 08 but could not be sure it was even for this account................ I was very bad for many years after my mothers death, i nearly ended it all.....i no longer feel like that and im a lot lot better now but still get treatment for depression.

I ask you to double check for this as if you can PROVE no payments were made then it IS statute barred no matter what the Lloyds letter says Ii would but have nothing to check, that again is why i was asking about doing a SAR :tinysmile_cry_t:

As long as you are 100% certain that that £105 was NOT paid then I strongly advise of getting PROOF of this via statements of either this account or statements of an account that the payments would of come out of could you advise me on how i can do this without a SAR, can i order them from the bank even though the account is now closed

I personally would concentrate on this avenue FIRST so you can say for sure one way or the other.............. i did, but sadly i dont think i explained on here well enough so i think you guys very kindly helping me didnt pick up on where i was comming from.

If you can say or prove that it is NOT statute barred, THEN look at the other options

But this is only my opinion

Thanks ever so much Gorang, you have been very observant of things and have been very helpful xx

AS an extra, when i spoke to the sols a few days ago i told them very briefly and politely i lost my mother about this time and was really struggling to rember anything to do with this alleged debt and asked ONLY because of this fact if they would be so kind as to get me some accounting behind this as they say i defaulted in POC, and i just cannot remember, and anything to help me deal with this in a true and honest way would help........ she did say she would ask CQ for them........... probably wont get them in time if they even bother asking for them in the first place, but thought it wortha try to see if i can get any evidence to help me. thought it worth mentioning.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

So to summarise, you have a CCA from Lloyds but not the right terms and conditions. You aren't statute barred as you paid £2?? in May 2009.

yep the CCA and in their own words or very close to.........." the application document supplied forms the credit agreemet regulated by consumer act 1974. we have also supplied a copy of the T&C's relating to our credit card accounts. although i see you asked for the original T&C's for this credit card account, we have provide a copy of the upto date T&C's as these include any relivant changes to the terms as notified to our account holders since the acc was opened..................... i dont remeber getting or signing anything"

i am unable to get any statements to prove i dint pay the £2 and as the credit file doesnt have to show i paid, im a bit stuffed on this.

x

[Gorang]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

AS an extra, when i spoke to the sols a few days ago i told them very briefly and politely i lost my mother about this time and was really struggling to rember anything to do with this alleged debt and asked ONLY because of this fact if they would be so kind as to get me some accounting behind this as they say i defaulted in POC, and i just cannot remember, and anything to help me deal with this in a true and honest way would help........ she did say she would ask CQ for them........... probably wont get them in time if they even bother asking for them in the first place, but thought it wortha try to see if i can get any evidence to help me. thought it worth mentioning.

Ok so we are still unsure at this time if it is statute barred or not

Personally if it was me and if I could afford it, then I would get a tenner PO tomorrow and send a SAR to Lloyds asap, as you never know, you may get lucky and they may send you the statements for the account BEFORE the 28 days are up (I like to live in hope lol) BUT don't hold your breath, and with a bit of luck they may even send you some more evidence that you could use, like I said I like to live in hope lol

and in the mean time concentrate on all the other options available to you, to see what is going to suit you the best

EDIT

What I did forget to say is

Don't hold your breath for getting anything from the sols as just remember that they were the ones that tried to get judgement by default AGAINST you on the 18th,........... 7 DAYS before your defence was due in..........., THAT makes me suspicious, AND makes me wonder if they have ANYTHING at all, ........but that's just me..........

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Hi Gorang, i think its worth £10 too, so ill send one off to lloyds tomorrow rec'd.

Im assuming i will be putting the fact they tried the judgement trick a week after i acknowledged service in my defence. And im certainly not holding out for anything from them.

Im thinking i should be looking at an unless order as i really dont think they will get everything they need in 28days........ but should they,

i think i need to look up ....

Default notices
notice of assignment
pre action+cpr........ to see what they should have done/complied with before court.

and i need to read up again on the CCA & T&C's to see if they comply, as i found a very good thread (struggling to find it now) of where the courts, now, seem to see that everything must be as the CCAct states, just when i was doing this the first time around in 2009, people were loosing to judges not caring if terms were missing or if it wasnt completely ledgeable, have things changed a little since 09?
The guy in the thread referred to some cases and rulings to back up that certain elements of the CCA had to be, not close, but bang on.............. being clear to read was one of them, i would not say mine is, admittedly a fair amount of mine is, but at the bottom the address is 98% unreadable

could i ask again, is my CCA enforceable, as to me it does not have a credit limit, card details etc. the interest rates section on the CCA state see 5, so on the T&C's section 5 it talks of current rates appearing on my statements or will be their standard rate of interest, but no mention of any actual percentage.

[Gorang]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Hi Gorang, i think its worth £10 too, so ill send one off to lloyds tomorrow rec'd.

good call I think

Im assuming i will be putting the fact they tried the judgement trick a week after i acknowledged service in my defence.

Mmmm I don't think that will have any worth in your defence after seeing M1's reply, as it looks like they are entitled to do that

As for them and trying to get a judgement, yes they can try at anytime but it doesn't mean they'll get away with it as they found out. It seems like someone in their office can't work out the date for filing a defence.

M1

Im thinking i should be looking at an unless order as i really dont think they will get everything they need in 28days........

If I was 80% certain that they will NOT turn up with the CORRECT docs then.......... That's what I would do ........ BUT that's just me.......and I would NEVER advise anyone to do that IF they are unsure if the docs will appear or not...........That's your call and decision I'm afraid

i think i need to look up ....

Default notices
notice of assignment
In reality DN's and NOA's can be made up and printed at any time, even though they are NOT supposed to be, BUT sometimes they do make them up for the purposes of a court claim and they screw up the dates and the DN or the NOA then become INVALID as they have NOT allowed enough time between dates or the dates don't correspond when they have made and printed them, personally I would not rely too much on DN's or NOA's unless you are really sure they will screw up the dates on them..............But again that's just me

pre action+cpr........ to see what they should have done/complied with before court.Yes 100%

One other thing I noticed last night was FP (I think it was FP on the 1st page of your thread) mentioned about "if they had complied with s86, that may be worth looking at also, as you said you have heard nothing for 4 years

from what I read I think you have to get a statement of account at least 1 every 6 months, but this would need looking into

and i need to read up again on the CCA & T&C's to see if they comply, as i found a very good thread (struggling to find it now) of where the courts, now, seem to see that everything must be as the CCAct states, just when i was doing this the first time around in 2009, people were loosing to judges not caring if terms were missing or if it wasnt completely ledgeable, have things changed a little since 09?
The guy in the thread referred to some cases and rulings to back up that certain elements of the CCA had to be, not close, but bang on.............. being clear to read was one of them, i would not say mine is, admittedly a fair amount of mine is, but at the bottom the address is 98% unreadable

could i ask again, is my CCA enforceable, as to me it does not have a credit limit, card details etc. the interest rates section on the CCA state see 5, so on the T&C's section 5 it talks of current rates appearing on my statements or will be their standard rate of interest, but no mention of any actual percentage.

I'm not that clued up on enforceability so I will leave others to comment on that

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Ignore, for now, the fact that you were told it'll take longer than this for them to disclose the documents.

Are you going to go for an unless order if they continue not to disclose ? If so chase them every 2/3 days and confirm by email the coversations. With 19/20 days left then i'd apply for an unless order if that's what you want to do.

If not start working on a defence.

M1

Hi M1

Got another letter from the sols today dated the 25th, got it today the 29th, they say they are seeking instruction from their client and requested the docs that will ''assist'' with the case they confirm that they agree to my request for 29days, once they have all the docs they will and allowing me time to file a defence.......... kind of them.

So now they have had 4 days on the 28 day extension, do i telephone them and ask if they have the docs yet or an ETA ?? then apply to the court for an unless order?
Do i have to warn them i will apply for an unless or do i just get on and do it please ??

sarnie

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

So now they have had 4 days on the 28 day extension, do i telephone them and ask if they have the docs yet or an ETA ?? then apply to the court for an unless order?
Do i have to warn them i will apply for an unless or do i just get on and do it please ??

Phone and hassle them as it looks like you're being reasonable to the judge.

If it's what you choose to d, bearing in mind my previous warnings about judges, then yes applying is next.

You do not have to warn them but it's best to do so as the best course of action is to get them to agree to it which they may or may not do. A "consent order" is cheaper as you'd then not need a hearing and you minimize your costs risk as there would be no hearing.

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

just on the phone to them now as they havent rung me back by 4pm, is there a difference in a consent order or an unless order or do they do the same thing, just cheaper please M1

And when would be the earliest i can apply for this order, while still being seen as being fair.