Lloyds Platinum Card

[babybear39]

Basically the T&Cs sent are generic and have no ties to the application you have posted.

[prelude2a]

So I guess that means in order for the T&C to be valid they would have to have been specifically created for me?

 

I'll give pt's letter a go and see what happens.

 

Thanks

[babybear39]

So I guess that means in order for the T&C to be valid they would have to have been specifically created for me?

 

I'll give pt's letter a go and see what happens.

 

Thanks

 

No, but they would have to be linked in some way otherwise what's to stop them sending any old junk to you?

[prelude2a]

Doesn't having them on the other side of the same sheet of paper link them?

[babybear39]

Not if they're a copy no.

[prelude2a]

so if it ever got to court and they turned up with an original with the T&C that they've sent on the other side of the original application I had signed would I be sunk?

[babybear39]

Yes but they're hardly likely to without you finding out well before unless they breach pre action protocal.

[prelude2a]

Is it wise then to send pt's letter pointing out that things are missing from the form when they actually aren't? (Or are they? I'm still not certain)

Wouldn't that just be provoking them?

[babybear39]

You don't need to give them the heads up on what they've done wrong, they know

[prelude2a]

so maybe I should just ignore them for a bit, and only send pt's letter if they chase me again?

[citizenB]

Have a read of the following threads, it might give you some idea of what to expect.

 

They are cases currently in the process of going to court.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/149741-lloyds-me.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200331-me-them-claim-issued.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/190057-oh-bls-ltsb.html

 

I think you have already subscribed to N.P's thread.. that has quite a few letters that could be adapted for your own battle.

 

Any questions, just yell:D

[N.P]

Evening all,

 

Did I here my name mentioned?

 

By all means, use anything you can from my thread, although you`ll have to dig through it

 

Although they think they have sent you the relevant T`s & C`s, and also the Prescribed Terms appear to be on the reverse sheet, their is nothing to indicate what the PPI costs?

 

You have PPI ticked, but their is no reference to it anywhere. Nothing indicates how much it costs etc?

 

I noticed this with my Lloyds TSB Mastercard also, just a tick in a Box and nothing else.

 

Anyone could have ticked that box after you signed it. How do you know how much to pay? In which case, the monthly interest could also be disputed.

 

 

Just thought you`d like that as another line of dispute/arguement

 

Hi cB, Babybear and gang.

 

 

 

N.P

[prelude2a]

- Hi cB

Thanks for those links, had a quick look, found it quite overwhelming, so think I'm gonna attack them fresh one day this week when I've had a LOT of sleep (I get tired really fast) and got a fresh cup of coffee next to me

 

- Hi N.P, well spotted :grin: I didn't notice that.

is the lack of PPI info enough to get the whole thing thrown out? and do you know how I could approach that one?

 

- Something I read on another thread somewhere on CAG (sorry don't know which one it was) talked about usage of the card being changed etc leading to new agreement being required thus invalidating the original.

 

Well, the application I have been sent clearly states its for a 'MasterCard', and I know for a fact that at some point in the last 12 years it was changed to a Visa, and then more recently back to a Mastercard. Lloyds didn't ask me about this they just sent me a new card and xferred my balance.

 

Also the account number shown on the application form DOESN'T match the one on the final statement they have sent me - is that of any relevance/use?

[N.P]

-

- Hi N.P, well spotted :grin: I didn't notice that.

is the lack of PPI info enough to get the whole thing thrown out? and do you know how I could approach that one?

 

 

Well, put it this way, PPI would now make the Agreement a Multiple Agreement, no matter how you look at it.

 

 

 

Consumer Credit Act 1974

 

Section 18 - Multiple agreements.

 

(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as

 

(a) to place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or

 

(b) to place it, or a part of it, within two or more categories of agreement so mentioned.

 

(2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement.

 

(3) Where an agreement falls within subsection (1)(b), it shall be treated as an agreement in each of the categories in question, and this Act shall apply to it accordingly.

 

(4) Where under subsection (2) a part of a multiple agreement is to be treated as a separate agreement, the multiple agreement shall (with any necessary modifications) be construed accordingly; and any sum payable under the multiple agreement, if not apportioned by the parties, shall for the purposes of proceedings in any court relating to the multiple agreement be apportioned by the court as may be requisite.

 

(5) In the case of an agreement for running-account credit, a term of the agreement allowing the credit limit to be exceeded merely temporarily shall not be treated as a separate agreement or as providing fixed-sum credit in respect of the excess.

 

(6) This Act does not apply to a multiple agreement so far as the agreement relates to goods if under the agreement payments are to be made in respect of the goods in the form of rent (other than a rentcharge) issuing out of land.

 

 

 

This basically means your CCA should also include the Prescribed Terms for the PPI part.

 

In other words, how do you know how much the PPI actually costs, and how much you are actually paying? You don`t, because they don`t have any reference to it at all, which they should.

 

You have both Restricted and UnRestricted use Credit on your account.

 

Did you actually ask for it or did they just bundle it in? If so, it could be classed as missold.

 

This is the same exact scenario I have with Lloyds. I hate them, then should be bombed!

 

Whatever you do, there will be times when you feel like giving in to them, but stick to your guns and keep blazing away at them.

 

 

 

N.P

[prelude2a]

 

Consumer Credit Act 1974

 

Section 18 - Multiple agreements.

 

(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as

 

(a) to place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or

 

(b) to place it, or a part of it, within two or more categories of agreement so mentioned.

 

(2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement.

 

(3) Where an agreement falls within subsection (1)(b), it shall be treated as an agreement in each of the categories in question, and this Act shall apply to it accordingly.

 

(4) Where under subsection (2) a part of a multiple agreement is to be treated as a separate agreement, the multiple agreement shall (with any necessary modifications) be construed accordingly; and any sum payable under the multiple agreement, if not apportioned by the parties, shall for the purposes of proceedings in any court relating to the multiple agreement be apportioned by the court as may be requisite.

 

(5) In the case of an agreement for running-account credit, a term of the agreement allowing the credit limit to be exceeded merely temporarily shall not be treated as a separate agreement or as providing fixed-sum credit in respect of the excess.

 

(6) This Act does not apply to a multiple agreement so far as the agreement relates to goods if under the agreement payments are to be made in respect of the goods in the form of rent (other than a rentcharge) issuing out of land.

 

 

Hi N.P.

Tried reading that section 18 bit, but it just makes my head spin.

I don't recall specifically asking for the PPI to be added, and who knows whether the tick in the box is theirs or mine?

Is there a letter I can send them that disputes the validity of the "agreement" due to the PPI?

They've just sent me another letter saying that "Their agents have let them know that they have been unable to agree a payment program, and I can prevent action by paying the full balance within 10 days"

 

erm... If I had it I'd have paid it by now - what are they - terminally dense lobotomized fish with memory loss???

 

prelude

[N.P]

Hi prelude2a,

 

I don`t have any templates as such that will dispute a Multiple Agreement and PPI.

 

I don have some templates which dispute an Agreement as not complying with the CCA, IE - does not contain the correct terms.

 

I suppose that could be said for our agreements which have the PPI box, but no terms.

 

 

 

N.P

[prelude2a]

Hey all,

quick update, had a call from Apex the other day asking to speak to me about 'an outstanding account'. Told them they should contact me in writing. They have sent me a letter demanding I call them within 5 days to prevent further escalation.

They have also started calling me daily. Do they actually believe I'm gonna answer? Haven't they heard of callerID?

[babybear39]

Send them this:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign print your name and come back with any updates.

[babybear39]

Yes, good ole Apex, they are as numb as the rest, if they think your going to speak to them and give them some money.

 

You could answer the phone and give them some serious abuse, I do.

 

Tell the knob jockey on the phone his missus gives a great bj, and your going to go around and bum his dog. Also tell him he sounds sexy too, and that you love him being forcefull, LOL.

 

[prelude2a]

I've just been ignoring their calls, why waste postage asking them to leave me alone when they will probably ignore the letter anyway!

 

Just got a letter from them saying ...

 

"... our client has now formally requested that we commence proceedings to recover the outstanding debt...

... contact within 72 hours with a proposed payment plan or we may be forced to take these steps:

1. may take legal action in county court

2. if this becomes necessary legal fees and costs will be added

3. account may be passed to a recovery specialist...."

 

blah blah blah...

 

do I ignore them? or send them a letter saying "The document you sent me in response to my CCA is not a properly executed agreement - it is just an application form so naff off... " ??

 

Any thoughts?

[babybear39]

I've just been ignoring their calls, why waste postage asking them to leave me alone when they will probably ignore the letter anyway!

 

Just got a letter from them saying ...

 

"... our client has now formally requested that we commence proceedings to recover the outstanding debt...

... contact within 72 hours with a proposed payment plan or we may be forced to take these steps:

1. may take legal action in county court

2. if this becomes necessary legal fees and costs will be added

3. account may be passed to a recovery specialist...."

 

blah blah blah...

 

do I ignore them? or send them a letter saying "The document you sent me in response to my CCA is not a properly executed agreement - it is just an application form so naff off... " ??

Any thoughts?

 

Yes but it could be more strongly worded

[prelude2a]

yes, I was thinking an edited version of this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard-3.html#post1298307

 

 

with the bits about it being illegible taken out (cos its not illegible)

[N.P]

yes, I was thinking an edited version of this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard-3.html#post1298307

 

 

with the bits about it being illegible taken out (cos its not illegible)

 

 

There`s a better finished version later on I think ;-)

[N.P]

Try the one at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard-4.html#post1303328