Lowell & my other halfs Credit Card

[rx7ali]

Re: Lowell & my other halfs Credit Card

You could try uploading it to one of the free image hosting services and linking to it to get around this limitation. :nerd:

The ones I linked earlier were uploaded to picassa which downsized them :-/

anyone know of a pic hosting service that doesn't downsize?

[FlamingParrot]

Re: Lowell & my other halfs Credit Card

The ones I linked earlier were uploaded to picassa which downsized them :-/

anyone know of a pic hosting service that doesn't downsize?

There are other free image hosting services you can try: :nerd:

• http://postimage.org where there is an option to resize or not to resize
• http://www.freeimagehosting.net with a 3000k limit which should be plenty
• http://photobucket.com requires you to set up an account

hoto:hoto:hoto:

[rx7ali]

Re: Lowell & my other halfs Credit Card

how's about this:







cheers
ali

[gravytrain]

Re: Lowell & my other halfs Credit Card

Hmmm

Anyone see any financial particulars.
Interest rate, minimum repayment details, frequency, credit limit etc.

[pt2537]

Re: Lowell & my other halfs Credit Card

Hmmm

Anyone see any financial particulars.
Interest rate, minimum repayment details, frequency, credit limit etc.

lmao

Strikes me as a printed app from behind the counter at your local branch

This was the fatal problem that the bank encountered as no prescribed terms were printed into the documents.

[gravytrain]

Re: Lowell & my other halfs Credit Card

Anyway.

It is unenforceable, in that it does not contain the prescribed terms. It may be an idea to let them know that this is the case, and that any attempt at enforcement will be contested, on the grounds that the agreement was improperly executed.

If they did go for a SD you would then be justified in claiming that they were attempting to circumvent statute.

[rx7ali]

Re: Lowell & my other halfs Credit Card

We were sent brought more than just those two bages. We also reived 7 pages with hand written note at he top that says "historic Ts&Cs". Ten another 7 pages with a hand written note above that says "current Ts&Cs"

Ill get these scanned and uploaded :-/

[rx7ali]

Re: Lowell & my other halfs Credit Card

I've attached a pdf with all the Current and Historic T's&C's.

Cheers in advance for the help guys.

Ali

[gravytrain]

Re: Lowell & my other halfs Credit Card

In my opinion the historic T and Cs provided, headed," these are the terms for you to keep".

If accepted at face value would comply with section 62 of the CCA, in that there must be a copy of the unexecuted agreement left with the debtor.

They do not however comply with section 61 which says that the prescribed terms must be contained within the agreement document.
I would appreciate PTs view on this if he is still around.

[gravytrain]

Re: Lowell & my other halfs Credit Card

Also i notice that the mention of the various schedules in the signature document does not tie up with the T and cs provided.

[rx7ali]

Re: Lowell & my other halfs Credit Card

Hi Guys

Can i get some clear guidance based on the above?

Just had a chasing letter from Lowells asking for payment within the next 5 days or they will be instructing solicitors which could lead to the value of debt to be secured on property or applying to recover the money by making deductions from earning blah blah blah.

The debt is against my partners name, she does not work (full time mum), and the only asset she has against her name is a car.

She is really panicking about it now so some advice, specifically the next steps we should take would be greatly appreciated.

Thanks
Ali

[FlamingParrot]

Re: Lowell & my other halfs Credit Card

Hi Guys

Can i get some clear guidance based on the above?

Just had a chasing letter from Lowells asking for payment within the next 5 days or they will be instructing solicitors which could lead to the value of debt to be secured on property or applying to recover the money by making deductions from earning blah blah blah.

The debt is against my partners name, she does not work (full time mum), and the only asset she has against her name is a car.

She is really panicking about it now so some advice, specifically the next steps we should take would be greatly appreciated.

Thanks
Ali

Once more, those Lowlifes are jumping the gun! They can't just secure the debt on property or get an attachment of earnings, first they have to go to court and obtain a CCJ in their favour, THEN they could apply for a Charging Order or an Attachment of Earnings, it's not going to happen that easily! :mad2: :mad2:

Did you ever do what Gravytrain suggested on post above?

It is unenforceable, in that it does not contain the prescribed terms. It may be an idea to let them know that this is the case, and that any attempt at enforcement will be contested, on the grounds that the agreement was improperly executed.

If they did go for a SD you would then be justified in claiming that they were attempting to circumvent statute.

[rx7ali]

Re: Lowell & my other halfs Credit Card

Once more, those Lowlifes are jumping the gun! They can't just secure the debt on property or get an attachment of earnings, first they have to go to court and obtain a CCJ in their favour, THEN they could apply for a Charging Order or an Attachment of Earnings, it's not going to happen that easily! :mad2: :mad2:

Did you ever do what Gravytrain suggested on post above?

The prescribed terms are the separate document that I uploaded in the PDF format no?

I was to be sure I'm replying to them with the correct info in the correct manner.

if I send them a typed letter with those exact words I'm likely tto get flamed by them and just receive a further notice. What should I say, and how do I also bring p the face that they failed to respond with the contract within the legal 14 days?
At this stage I just want to cut a deal to get them off my other Halfs case as it's a big stress.

sugestions?

thanks again guys
ali

[rx7ali]

Re: Lowell & my other halfs Credit Card

Bump, wanna get a response fired off his week.

[gravytrain]

Re: Lowell & my other halfs Credit Card

If you want to contest you could send:

Dear xxxxxxxx

Re: section 78 request under the consumer credit act 1974

You will be aware that in order to comply fully with the above you should send details of the agreement containing all terms applicable at execution together with the other information as prescribed.

The documents supplied consists of an application form accompanied by separate T and Cs.
There seems to be no connection between the two, also I notice there is reference to a, “schedule” in the application form which refers to yet another document.
Please supply the requisite information or confirm that you do not possess it, and therefore cannot fully comply with the request.

I must also point out that the documentation sent, and particularly the application form would fail the test for enforceability under section 127(3) of the above act in that the prescribed terms are not contained within it.

Any attempt to enforce will therefore be vigorously contested.

Many thanks