Thread: Tonycee's old thread

Hello everybody.
Having so far been successful in claiming back over £6.5k from
Sharklys & Nastywest, its time to move on to round 2.
Heres my story.
I have been self employed since May 1990.
On 16 Sept 2003 my application was successful in applying for a £ 17,500
business loan ( Have got agreement with no PPI on it ).
On 19 Sept 2003 Barclays phoned and said they had sent out a new agreement that included PPI.
Nothing, and i mean nothing, was ever explained, and i was asked no questions, just told i had to take the PPI if i wanted the loan.

Details of loan.................. Cash Loan ............Insurance Premium Loan
......................... .............APR 11.2% .............11.0%
Amount of loan................. £ 17,500.00 ............£ 2,951.53
Total Charge for credit .......£ 7,434.83 .............£ 1,230.04
Total amount payable........ £ 24,934.83 ............£ 4,181.57
Monthly repayments.......... £ 296.84.................£ 49.78......= £ 346.62p
Number of payments ................84....... ............. 84

Between October 2003 & March 2006 i repaid.
30 X £ 346.62 = £ 10,938.60.
and paid a settlement figure of £ 18,000 = £ 28,398.60p. March 2006
Today i sent template 1 from here
http://www.consumeractiongroup.co.uk...claimants.html and all the additional paragraphs. Asking for my money back.
Do you think i have a case.
Thanx for reading.

Similar Threads:

Originally Posted by tonycee

Hello everybody.
Having so far been successful in claiming back over £6.5k from
Sharklys & Nastywest, its time to move on to round 2.
Heres my story.
I have been self employed since May 1990.
On 16 Sept 2003 my application was successful in applying for a £ 17,500
business loan ( Have got agreement with no PPI on it ).
On 19 Sept 2003 Barclays phoned and said they had sent out a new agreement that included PPI.
Nothing, and i mean nothing, was ever explained, and i was asked no questions, just told i had to take the PPI if i wanted the loan.

Details of loan.................. Cash Loan ............Insurance Premium Loan
......................... .............APR 11.2% .............11.0%
Amount of loan................. £ 17,500.00 ............£ 2,951.53
Total Charge for credit .......£ 7,434.83 .............£ 1,230.04
Total amount payable........ £ 24,934.83 ............£ 4,181.57
Monthly repayments.......... £ 296.84.................£ 49.78......= £ 346.62p
Number of payments ................84....... ............. 84

Between October 2003 & March 2006 i repaid.
30 X £ 346.62 = £ 10,938.60.
and paid a settlement figure of £ 18,000 = £ 28,398.60p. March 2006
Today i sent template 1 from here
http://www.consumeractiongroup.co.uk...claimants.html and all the additional paragraphs. Asking for my money back.
Do you thik i have a case.
Thanx for reading.

Hello and welcome,

Yes I do think you have a good case, but they won't, so don't get to disheartened at their response.

Just keep plugging at them, just to let them know that you are going nowhere till you get your money back.

Good luck and keep us posted

Originally Posted by hellhasnofury

Yes I do think you have a good case, but they won't, so don't get to disheartened at their response.
Just keep plugging at them, just to let them know that you are going nowhere till you get your money back

Thank you for your reply.
I shall indeed keep plugging away untill i get my money back.
If you get a spare 5 mins, could you tell me what to expect, and am i likely to have to prove my claim in court.
Thanks again.

Originally Posted by tonycee

Thank you for your reply.
I shall indeed keep plugging away untill i get my money back.
If you get a spare 5 mins, could you tell me what to expect, and am i likely to have to prove my claim in court.
Thanks again.

Hello Tony,

In my experience, different banks respond differently, some will refund you quicker than others, Some with drag it all the way to court, so you do have to be prepared for this. You must keep all letters of correspondence for your file. Any letters you send, send by recorded delivery and keep the stubs for your file. Do not enter into any verbal conversations with them.

I find it is the creditcard companies that tend be drag it all the way to court.

Expect that they will deny everything and put the blame on you. you signed you agreed. They do have to to keep you money.

Speak soon works calling

Heres a few of the paragraphs i received in a letter from Barclays Customer Relations.
I guess it all pretty much standard stuff..
Do i now just proceed with a complaint to the OFT ?, write back asking them to reconsider ?, or just go straight ahead with court proceedings.
Thanx for any suggestions...

Dear Sir.
Thank you Blah Blah Blah.
I would like to apologise Blah Blah Blah.

1..I have checked our records and note that the forms of agreement were
issued to you to read and sign when the Business loan offer was made.
Thats true, as such, but, the offer she is refering to, dated 19th Sept
followed the offer on the 16th of Sept, which had no insurance.

2..Once a customer signs an agreement they enter into a legally binding contract with the bank. By signing the agreement you agree to the terms and conditions wholly. If you had felt unhappy with any of the terms outlined in the forms of agreement, including the Payment Protection then the forms of agreement should not have been signed.
This is rubbish, because i was told by phone that i had to sign the new agreement in order for the loan to proceed. Their reason was simply that they had forgotten to add the insurance.

3..During any lending application, our specialists are trained to assess the customer needs for Payment Protection and will allways explain the benifits of this policy.
Again, this is rubbish. At no time EVER, was ANYTHING explained. The only communication i EVER received regarding PPI was the phone call to tell me that i had to have it.

4..Ultimately, however, the decision as to whether the policy is accepted rests with the customer. At no point is the customer advised that this policy is compulsory.
I want to swear now.

5.. From the facts that i have i believe the Payment Protection was provided in accordance with our normal practices and procedures.

Blah Blah Blah..

Suggestions PLEASE>>>>>>>>>>

Originally Posted by tonycee

I guess it all pretty much standard stuff..
Do i now just proceed with a complaint to the OFT ?, write back asking them to reconsider ?, or just go straight ahead with court proceedings.
Thanx for any suggestions..

Anyboby ?...Please !!!!

Hello Tony,

Just read your thread again, missed it first time, You say that you have the credit agreement for the loan, which obviously you signed to agree and there was no PPI on it. They then send out another loan agreement after they told you that you had to have ppi.
Did you sign that one???

Personally I would send them a request for a copy of your true credit agreement, to see what they are holding you to. They have 12 days to comply or they breach the cca, and then a further 1 month and if they don't come up with it then they have broken the law. Then you report them to Trading Standards and the Office of Fair Trading got this offence.
Did you do a SAR for all the info, especially telephone transcripts and recordings.

The letter they sent you was just a blog standard get stuffed, and go away. But of course you won't

I would just pace myself now, there is no rush, Get the information and then hit them with it.

You did watch the undercover tv programe regarding the underhanded tactic and mis-selling at Barclays

Originally Posted by tonycee

Thanx for reply.

MMmmmhhh have a look at this, I am not sure if it is all the programme, but it may have a few bits of interest.

The Consumer Action Group - Whistleblower extract. Yorkshire and Barclay's bank charges

Originally Posted by tonycee

That it did....
It told me the thieving Bs have been plundering my accounts for years.
Is there a court claim template letter.
I feel confident enough to stand up to them on the evidence that i have.
Its there in black & white.
Im not prepared to wait 6+ months for the OFT to ignore me.
I really appreciate your help.
What do you advise as patients is not my strongest attribute.

Hiya Tony,

I think that link, wound you up a bit and yes I can see that patience is not your strongest attribute. but at least you just put a b with the thieving.

I truely know how you feel, and I am just being a little light-hearted. I know its not just or fair and they should not be allowed to get away with it and that is why they won't

Now before you go off rushing to court, you will have to get some patience as it is not going to happen overnight.

Without reading your thread again, Have you sent your prelim letter, waited 14days, then sent your letter before action. waited 14days. If you have, then issue a claim at your local court.

There is no template for POC for court on the thread. There are one or two hanging about the threads. They all differ due to different circumstances. Have a read around, I will too and see what we find.

Anyway take a chill pill, you will eventually get there

Originally Posted by hellhasnofury

Hiya Tony,

I think that link, wound you up a bit and yes I can see that patience is not your strongest attribute. but at least you just put a b with the thieving.
Legal exstortion.....

I truely know how you feel, and I am just being a little light-hearted.
Humour...Now that is my favourite subject....

I know its not just or fair and they should not be allowed to get away with it and that is why they won't
Just been repaid £6.7k....Bs/Natwest....Am in a fighting mood,,GGGGGRRRR

Now before you go off rushing to court, you will have to get some patience as it is not going to happen overnight.
I know. Im not daft. But time is money.


Without reading your thread again, Have you sent your prelim letter, waited 14days, then sent your letter before action. waited 14days. If you have, then issue a claim at your local court.
Yes. On the 13th August I sent template letter 1 from here
http://www.consumeractiongroup.co.uk...claimants.html
Plus all the additional add ons that i thought applied to me.

There is no template for POC for court on the thread. There are one or two hanging about the threads. They all differ due to different circumstances. Have a read around, I will too and see what we find.
Thank You..


Anyway take a chill pill, you will eventually get there

Yes im sure with your help i will.
And i wont do anything silly.
Chewing chill pill right now...

Originally Posted by tonycee

Yes im sure with your help i will.
And i wont do anything silly.
Chewing chill pill right now...

Hello Tonycee,

I've been chewing mine since last year

Hello Tonycee,

Here is a POC that Phantram kindly posted for other to see

It may give you some idea

PARTICULARS OF CLAIM


1. The Claimant had a credit agreement credit card acc no xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around 20/09/2000

2. At the time of completing a balance transfer on 31/08/2006, the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

3. The Claimant contends that:

a) The Claimant did not request the insurance when the online application was processed but that the Payment Protection Policy was pre-selected by the Defendant;
i) The Insurance imposed upon the Claimant were neither defined nor explained and were not "optional" as laid out in the said agreement.
ii) The Insurance was mis-sold, as the Claimant was self employed at the time and thus the circumstances invalidate the cover should the Claimant have ever needed to Claim.

b) The Claimant contends that the Defendant fraudulently passed incorrect details to the insurer to obtain these same Insurances from the insurer. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant contends that that Insurers are under an obligation to ensure the policy they are selling is appropriate to that customer and contends the Defendant has not fulfilled this requirement. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant also contends that the Defendant never once attempted to ascertain the Claimants’ position to assess whether such as product was suitable. If any assessment had taken place it should have been considered wholly unnecessary and unworthwhile.

c) If the Court finds that incorrect details were not passed as a result of fraudulent behaviour then the Claimant contends that incorrect details were passed to the insurer through the Defendants’ mistake as to facts.

d) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;
i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments
ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit
iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit
iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.


4. Accordingly the Claimant asks:

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £308.23 by conferring a benefit under an ineffective transaction.

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £308.23 by virtue of the Defendants’ actions, be they fraudulently or mistakenly, in obtaining the Insurances which offered no benefit to the Claimant.

c) Alternatively, the Claimant seeks damages of £308.23 in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £308.23

d) Court costs;

e) The Claimant claims

i)Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of 16.9 %. This is the rate currently applied by the defendant to the claimant’s unauthorised use or borrowing of the defendant’s monies, as provided for in the contract.

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not optional, they were not explained and were in fact mis-sold due to the Claimants employment situation.

ii) In the alternative to e i), if the court is unable
to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the claimant avers that the defendant would be unjustly enriched if the claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 16.9 % per annum.

iii) In the alternative to e i) and ii), if the
court finds that the claimant is not entitled to
contractual interest, the claimant claims interest
under section 69 of the County Courts Act 1984.


iv)Schedule showing interest calculated at the rate
quoted at I is attached to these
particulars of claim, as follows:

·Schedule A - Compound Contractual Interest calculated at 16.9%
__________________

Good luck and keep chewing

Thank You..
GULP>>>>>>>>>>>>
Think i might be chewing for a little while longer..

Hey TC,

Watching with interst. I should start my own PPI thread soon.

Hav you noticed how much slower this site is, since Tez got his head round graphics. Lol

Slick

UPDATE>>>>>

I decided i hadnt technically followed everything by the book, so i decided to send a new S.A.R - (Subject access request) on 08/10/07 just in case it goes to court.
That way they can have no arguements in their defence.

Got a reply today.

Sod off Go away, pretty much sums up the reply.

Their 40 days are up next week and they have not, as yet, supplied me with the information that i am entitled to under the Data Protection Act.

Should i wait or send them a reminder of their obligation.

Any suggestions on my next step would be appreciated.

Originally Posted by tonycee

UPDATE>>>>>

I decided i hadnt technically followed everything by the book, so i decided to send a new S.A.R - (Subject access request) on 08/10/07 just in case it goes to court.
That way they can have no arguements in their defence.

Got a reply today.

Sod off Go away, pretty much sums up the reply.

Their 40 days are up next week and they have not, as yet, supplied me with the information that i am entitled to under the Data Protection Act.

Should i wait or send them a reminder of their obligation.

Any suggestions on my next step would be appriciated.

Hello Tony,

How the devil are you, well I hope and not too much steam coming out of your ears

It is up to you really, you can give them a nudge, or be devious and let them breach. Then send them a letter before action demanding the information and if you still don't get it. Issue a N1 via the courts to get it.
This would look very good for you and extremely bad for them, if the PPI case ever reaches the court stage

The letter for this is in the bank template letters

Keep us posted