Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Hi Pat, Thanks for the nudge Just having a look at the docs xx

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Well those are great.

The agreement actual copy you have, the one with your signature on, and the reverse of the page with the terms on, isn't a complete document and doesn't contain all the prescribed terms (as far as I can make out there's no APR - but I could be being blind )

And the attached terms 'for you to keep' obviously aren't a copy of the ones they sent you as they have you current address on not the address you had when you took out the card. Main point will be, basically, you did not receive that other page of terms and only had that single sheet front and back that was returned to the creditor.

Presumably theres a couple more pages to those terms - can you check if condition 9 is about Default charges ? and condition 5 about credit limit ?

Well at least you know it is a credit card now. Notice there's PPI on it, have you reclaimed that ? ( just wondering)

Their covering letter doesn't even mention applying to court to lift the stay .... we should respond to that letter, I'd rather get [MENTION=5354]mystery1[/MENTION] or [MENTION=55034]nemesis45[/MENTION] or [MENTION=551]pt2537[/MENTION] to have a quick swizz at the agreements first though.

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Thank you, managed to scan the letter, the CCA and the front page of the Terms & Conditions, which strangely has my current address on it?!

any information still seen is totally irrelevant to today, and are very old account numbers and mobile etc.

The document 32195 which appears to be an actual copy rather than a true copy has an address which you only moved to sometime after the application ?

M1

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Agreed, if that address is Not the address you were resident at on the date the agreement was signed, the document fails to comply.
I see no APR either.
Unsure if this is intended to be the complete agreement but agree wit Amethyst that it does not seem complete if it is an actual copy.
If intended to be a recon it most definitely it falls short on content and the address.
Personally I don't think it meets the requirements of CCA 1974 (as amended) and if produced in court one would have to pay great attention to the content as the agreement is pre April 2007 it Must be the complete agreement is required to enforce.

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

It's not so much that it's a bad recon but clearly it's meant to be a microfiche copy or a photocopy. I'd want to ask them if it's a recon and if the answer is no it's a microfiche or a proper photocopy then not only plead appropriately but complain to FCA nad police.

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

I have not reclaimed the PPI, as to be honest I wasn't admitting to the credit card, also I was surprised to see that ticked and even more suspicious of the devious looking 'Agreement' as i always refuse insurance and PPI anyway, always have done.

The address on the form is my mothers, which I have moved in and out of, but I know at that time in my life I was most definetey not living there, and I am generally quite an honest person, especially with forms etc, the guy was pushy and I let him bulldoze me totally, he took over completely and I would be surprised if he lied on the form to make his 'sale'. That is, if this is even the original form, as you can see my signature is far from hard to copy.....

With regards to the type of copy ie, recon (what is this?) or microfiche, photocopy etc, what difference does this make?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

T&Clloyds2.jpgT&Clloyds3.jpgT&Clloyds4.jpgT&Clloyds5.jpgT&Clloyds6.jpg

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Terms & Conditions

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

How would the sales person have your mothers address/

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

They would have asked for my previous addresses, as you have to give the last 5 years worth! I have moved around a lot and he probably used it to gain 'credit points'. I remember the hard sell and how desperate he was to sign me up to as much as possible. I got a loan at the same time, in fact I only went in to get the loan, I was harassed into the card, I really didn't want it. I was a very easy pushover back then.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

How should I proceed? Many thanks

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

The agreement has an address at which you did not reside at the time it was signed? If so it is not compliant

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

The agreement has an address at which you did not reside at the time it was signed? If so it is not compliant

Thank you for replying, so do I write to them and tell them this, or shall I leave it? I will have to dig out an old council tax invoice I suspect, to prove I was not living at this address, or will this not be necessary?
If this goes to court, how do I go about defending it?

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

If the address on the " agreement" is not the one at which you resided when the agreement was signed it does not satisfy the CCA request.
Personally I would write to Mortimer Clark, just stating that the document provided is not compliant and is therefore rejected and the alleged debt remains unenforceable.

Do not explain further.

nem

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

If the address on the " agreement" is not the one at which you resided when the agreement was signed it does not satisfy the CCA request.
Personally I would write to Mortimer Clark, just stating that the document provided is not compliant and is therefore rejected and the alleged debt remains unenforceable.

Do not explain further.

nem

It doesn't matter where they resided. It matters what was on the original.

M1