....

.. a rather large spider

... ah... sorry you lot lost...

Aw thank you... MARION!!! Last post still mine though...

Who? What? Where? OH!

MUNGY!! Oops... last Post...

wants what?? Whatever it is don't let Marion Diva get it..

P!nk, P!nk and more P!NK!!!!

... mini update.. I contacted the court... apparently the case was withdrawn in 2010... nice of them to tell me.. ... So I have written to **** asking them ever so politely, to instruct their client to remove the default from my Credit file as it is that document that is partially to blame for their case being fatally flawed.. Fingers crossed Spam.

Hi Gaston, What I have is... a reply to my s.77/78 request which is a reconstituted 'agreement' ie a few pages of typed up T&C's with my name and address on the top. and , a photocopy of the original application form which is now on microfiche (links posted above) as a response to my CPR 31.14 I am comparing the typed up T&C's which they sent as a reply to my s77/78 request to the ones they sent with the court bundle... and they don't match.. Spam

I'll have to check my papers again Cym... they say they sent one on 22nd December 2009, but I don't remember getting one... being Christmas, there's no guarantees when or if I got it..

Gesundheit

Pom pom

Hi Cym... and thanks... Looks like I've got a bit of a battle on my hands then... I checked out the Kotecha v Phoenix appeal and had a glimmer of hope.. 'A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).' seeing as the response to my s77/78 request didn't include any interest rates whatsoever... but I'm getting extremely confused with it all now... Spam..

short answer to that is... no ....I'm guessing I have to look that one up? Ok... I've looked it up... nice.. Sadly it doesn't really help me... as a result of my 77/78 request the reconstituted agreements had no interest rates on them whatsoever, The reconstituted ones sent with the court bundle do have interest rates listed and appear to be the same as on the 'T&C's allegedly belonging to the agreement. The differences I've noticed are.. on the 'original' it says.. Credit Limit...The minimum credit limit is £250. We will set the credit limit for the account from time to time and notify you. Reconstituted says... (in a different font I might add....grasping at straws!) For accounts opened before 4 November 1997, the minimum credit limit is £250. We will set the credit limit for the account from time to time and notify you. Also the Right to cancel box differs greatly. The original has a lot of illegible text, approx 13 lines,....reconstituted says Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us... Spam

Hi 42Man, thanks for looking in.. No PPI... I don't think... I've ticked the box to something under 'optional features' but for the life of me I can't see what it is... I have three copies of this thing now and they are all as bad as each other... definitely illegible. The T&C's are marginally more legible than the application form, but they also differ slightly from the 'reconstituted' ones sent in the court bundle... which differ greatly from the ones they sent in response to my original s77/88 request. Spam.

Hi Tonka.. thanks for stopping by... The hearing is the beginning of September... as you say things have changed and I'm not as up to date with things as I was... As you also say **** don't play fair, and I feel they've roller-coastered me into this situation... anyhoo best foot forward.. The t&c's are barely legible in the flesh as they are a microfiche document and separate to the signed application form so I'm guessing they will have to prove that they were on the reverse to make it enforceable.. The FoS, despite saying they agreed with my complaint on the phone, decided to find in Lloyds favour and said they'd upheld their duty by sending me a reconstituted document. Spam .

Hi all, me again... In a nutshell.... In June 2009 I requested a copy of my credit card agreement under CCA s.77/78... no joy In July 2009 I requested it again.... still no joy.. In August 2009 I placed the account in dispute. Each time I wrote and complained I got the stock reply of 'we've fulfilled our requirements, if you have a problem go to FOS'. Which is exactly what I did. In October 2010, Whilst my complaint was being investigated Lloyds Issued a claim . November 2010, I acknowledged the claim and requested Docs under CPR 31.14 They acknowledged my request, and said they'd send them. 6th March 2011 I still hadn't received the docs so I sent in a defence online citing 'no docs' as I was concerned they may apply for judgement by default as I hadn't yet defended. 7th March 2011, lo and behold what turns up on the doorstep but this! http://s676.photobucket.com/albums/vv123/Spamalot_bucket/?action=view&current=LloydsAgreement.jpg#!oZZ2QQcurrentZZhttp%3A%2F%2Fs676.photobucket.com%2Falbums%2Fvv123%2FSpamalot_bucket%2F%3Faction%3Dview%26current%3DLloydsAgreement.jpg and this... http://s676.photobucket.com/albums/vv123/Spamalot_bucket/?action=view&current=LloydsAgreement.jpg#!oZZ1QQcurrentZZhttp%3A%2F%2Fs676.photobucket.com%2Falbums%2Fvv123%2FSpamalot_bucket%2F%3Faction%3Dview%26current%3DLloydsTC.jpg As I had cited no documents in my defence, **** are now applying for summary judgement.... I have sent in a witness statement listing all my requests etc and am defending with the above document is improperly executed etc. etc. The most obviously glaring omission on the document is that it hasn't been signed by a representative of Lloyds and that mine is the only signature on it. I believe it can therefore only be enforced by a Judge.... ALL input with regards to this situation and document would be gratefully received.. Thanks all, Spam.

Headphones

Eaten who?

Thanks for the welcome guys ...great to be back I am outta the cupboard.. but may be going back... but 'til then I'll stay on the Last Post....

Congatulations! Oops... Last post ( by accident....... honest! )

Trundle

Received a claim fom **** in December 2010. requested documents by CPR Having not received documents by March2011, I submitted a defence online citing no documents for fear of judgement by default. Documents arrived the day after.. The 'agreement' is illegible and not signed by Lloyds and I will post a copy of it when I have it scanned Application for summary judgement being heard early September.. can't wait ... Spam.

Ta missus.