Is my credit card agreement enforceable?

[Fred Bassett]

I asked Lloyds for a copy of my agreement under the CCA 1974. This is what they sent:

http://i218.photobucket.com/albums/c...ds1_Page_1.jpg
http://i218.photobucket.com/albums/c...ds1_Page_2.jpg

My question: is this an enforceable agreement? If not, then why not? I would also like to know if there should be a separate signature box for the PPI.

I am looking into my charges with Lloyds and they are not being very helpful. If this is not enforceable then I am in a stronger position to make an offer and get it paid off.

Any help would be much appreciated.

Regards.

Fred

[Tools]

Re: Is my credit card agreement enforceable?

Will have a look and get back to you with my thoughts.

[Tools]

Re: Is my credit card agreement enforceable?

OK, initial thoughts,

Firstly the first scanned page is quite faint and hard to read but I managed to read most of it. That is an application form (also doubling up as the agreement???)

What was the interest rate at the time of application?

There is nothing on those pages to indicate the price/rate for Card Protection. i.e xxp/£ of outstanding balance.

Right to cancel, it says that full details of this would follow, did they appear and if so do you have a copy?

There are no repayment examples shown on there.

The second scan page seems to have parts missing at the bottom, this seems to be where the APR`s should be.

What have you removed/edited from just underneath the "Additional Cardholder" signature box ?

These are just initial thoughts am i right in assuming the application was made late 2001/ early 2002?

If you could do some clearer copies and make sure that the second scan is complete it would help.

[Fred Bassett]

Re: Is my credit card agreement enforceable?

Tools,

Many thanks for your quick response, here's my answers:

OK, initial thoughts,

Firstly the first scanned page is quite faint and hard to read but I managed to read most of it. That is an application form (also doubling up as the agreement???)

What was the interest rate at the time of application?

I don't know - I can't find that on it either

There is nothing on those pages to indicate the price/rate for Card Protection. i.e xxp/£ of outstanding balance.

Right to cancel, it says that full details of this would follow, did they appear and if so do you have a copy?

No, this is all that they sent to me

There are no repayment examples shown on there.

The second scan page seems to have parts missing at the bottom, this seems to be where the APR`s should be.

The scan is actually how it is - chopped off at the bottom

What have you removed/edited from just underneath the "Additional Cardholder" signature box ?

A date stamp - it was in 2001

These are just initial thoughts am i right in assuming the application was made late 2001/ early 2002?

Yes - 2001

If you could do some clearer copies and make sure that the second scan is complete it would help.

I'll try, but the scans are almost as good as the copies I have and as mentioned, the copy they sent to me has the bottom chopped off.

I'll be interested to see what you make of this.

Regards.

Fred

[Fred Bassett]

Re: Is my credit card agreement enforceable?

Hi Tools,

These are a lot clearer:

http://i218.photobucket.com/albums/c...plication2.jpg
http://i218.photobucket.com/albums/c...plication1.jpg

Regards.

Fred

[Tools]

Re: Is my credit card agreement enforceable?

OK Thanks `Fred` , I might get a second opinion on this one. Your agreement does need to be legible and complete to be enforceable IMO.

When did they send you this? If it was recent I would telephone them and request a better and complete copy . The part where it is cut off could mean the difference between enforceable or not, so you need accurate information to work with.

Keep us informed.

Jules

[Tools]

Re: Is my credit card agreement enforceable?

Yes I know those ones are better, they are the ones I had to look at last night

[Fred Bassett]

Re: Is my credit card agreement enforceable?

Tools, were you able to get a second opinion on this one?

Regards.

Fred

[Sapphire]

Re: Is my credit card agreement enforceable?

Hiya Fred,

Sorry hun I'm not that up on agreements myself but I'm sure that Tools is going to get a second opinion on this. Hang in there hun.

[Amethyst]

Re: Is my credit card agreement enforceable?

I have had a look and yes it appears to be completely enforcable. All prescribed terms for running credit accounts are on there, right to cancel, APR's, sigs,payments regulated by CCA 1974 etc

Lots of people see the words application form and presume this renders the agreement unenforceable - it doesn't necessarily.


In your original post you mention PPI - what are your concerns regarding this? Is there a reason it may have been misold to you ? (ie you were unemployed or had previous medical conditions which would have rendered it useless)

[Tools]

Re: Is my credit card agreement enforceable?

I would also urge you to still ask for a complete copy, one that hasn`t got the lower portion missing.

[Fred Bassett]

Re: Is my credit card agreement enforceable?

Many thanks all for your replies.

I'll look into this.

Regards.

Fred