Moms CCA request Lloyds refinance loan

[sytra]

Please can someone look at this we got as a reply to our CCA request from Lloyds it is a pretty bad copy as it looks like a fax copy.

 

To me it looks ok except the signatures... Lloyds signed on 15/04/05 and my mother signed on 20/04/05.

 

Since she requested the copy she has actually found the original and they have only sent half the T&C's with the request there is a whole A4 page missing.

 

CCA here

 

T&C's here

 

at the very top on left hand side it looks like some kind of tracking or reference mark as it is some ascending numbers, a day and time then the date.

 

Any opinions??

 

The paperwork was sent from Lloyds for my mother to sign, she never recieved anything else from them after this.

 

She was more or less forced to take the loan when she fell into financial troubles to clear an overdraft and an existing loan she had with them. They kept threatening her with court unless she cleared her debts then said they would do her a favour and refinance her overdraft etc.

 

Sytra

[car2403]

Oh, here we go - this is a test for me, as I've commented on another (according to the OP) agreement that is similar to this one. I can't remember that, too many threads to keep track of see, so lets see if what I say about this one is the same as that.

 

After a quick scan, I see the prescribed terms are there - Amount of credit, interest rate and repayments.

 

It is missing a statement on the protection/remedies available under s.60 CCA 1974, (the agreement being signed prior to the commencement of CCA 2006. This makes the agreement improperly executed, but it can be executed by Court order only under s.65. s.127(1) allows the Court to consider the prejudice caused by the improper execution before allowing it to be executed, however. The question is, have you suffered prejudice as a result of this agreement, meaning it shouldn't be enforced against you. Prejudice in this case can mean; (IMHO)

• Penalty charges applied to the account
  
• Default/Termination notices issued containing those penalty charges, making the notices invalid (Woodchester Lease Management v Swain)
  
• They seem to be sharing personal data with credit reference agencies, without having a term allowing them to do so being contained in their agreement - very naughty, IMO

Can you add anything else to this list? Harrassment in collection activity, etc?

[sytra]

Thanks Car,

 

That is more or less the same, the other post i was on about is here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/113530-advice-comments-needed-please.html post 33.

 

Does it make any difference that the paperwoark was signed by Lloyds 5 days brfore my mother signed?

 

Well the account this refinance loan was taken out to repay is supposed to be being looked at by Lloyds as my mother is trying to claim charges to the tune of approx £4000, she has claimed hardship as she was on benefits when they took the money, she is disabled and now on pension. Lloyds have "assured" her they will look at hardship and will get back to her......... that was 2 months ago.

 

As far as i am aware she has had no default notice yet, just a load of hassle from BCW, i have written to them advising them that Lloyds are in default of request etc and for now they seem to have given up, but now they have sent the agreement i can expect things to escalate a bit more now.

 

Sytra

[car2403]

A prospective agreement is void under s.59 CCA 1974. This comes with a warning. An agreement declared void will result in the creditor being likely able to counterclaim for the initial advance, as the agreement never existed in law, so a mistake was made advancing that amount - which they can recover.

 

It's far more to your advantage to claim the agreement unenforceable, therefore the outstanding debt can't be enforced against you, rather than argue the agreement is void.

 

If this is a refinance loan, with penalties on the previous one, that might add to the prejudice the Court will consider, IMO.

 

Try to avoid the Default Notice if you can. It's easier to avoid it at this stage than it will be to have it removed later on.

[sytra]

Ok thankyou very much, have to tell her tomorrow

[sytra]

Well been a long time, letters back and forwards etc to Lloyds, now they decided to Assign it to Zestdew Ltd.

 

The letter sent says:

"Notice of Assignment

 

Transfer of personal loan acc number xxxxxxxxxx to Zestdew Ltd

 

We are writing to gove notice that we have transferred to Zestdew Ltd all our rights and interests under your loan with us and the related loan agreement. Equidebt Ltd will be responsible for all further admin and recovery of any outstanding amounts on your loan on behalf of zestdew Ltd."

 

Blah Blah Blah

 

Signed by Lloyds

 

Now i never heard of Zestdew so looked on webcheck and they are in administration and have been since Oct 08 (reg number 05965830)

, so can the loan legally be transferred to them?

 

Sorry i dont know how insolvency works

 

Do we continue writing to Lloyds, Zestdew or Equidebt

 

What are Equidebt like to deal with, we got rid of a few of Lloyds DCA's but so far had no dealings with Equidebt.

 

Thanks

Edited February 6, 2009 by sytra
spelling

[rory32]

Equidebt are no worse than most.

 

It is rather odd to assign an account to a company that is in administration though. As to the legality of it, I don't know but it certainly sounds very dodgy.