Lloyds Platinum Card

[babybear39]

Did they threaten you with Sechiari, Clerk & Mitchell (****) ?

[babybear39]

Weird that **** have dropped the bone :S They usually go for the jugular and not farm it out.

[babybear39]

The T&Cs could be related to anything so I personally agree with you that the application is not a CCA.

 

Give pt's letter a go.

[babybear39]

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

[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?

[babybear39]

Not if they're a copy no.

[babybear39]

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

[babybear39]

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

[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.

 

[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