Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Default Do I have a case?

    Hello everyone
    This is my first post here. I have read avidly the posts in this section as I am planning on trying to get some justice.

    About 3 years ago I had finished paying a loan off with Lloydsicon TSB when they contacted me asking if I would like another loan. I was in debt with credit cards so I thought it might be a good idea to take out enough to clear the cards.

    However I was also on receipt of Incapacity benefit due to long standing condition. The manager said that this wasn't a problem but the underwriters insist that you take out a PPIicon as cover. When I said that it would be worthless as I wasn't able to work at that time re replied by saying "Well I'm sorry but no PPI no loan" or words to that affect.

    The loan was for £11,000, the PPI was 2,689.88 and the APR 11.9%.

    Do you think I have a case? I know it was my own fault for signing for it but I was a bit desperate and he knew that. By the way it's nearly £20,000 in repayments over 7 years.

    Regards

    PS Congratulations to the owners/developers of this forum. A fantastic job.

    Similar Threads:

  2. #2
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    Default Re: Do I have a case?

    Hi, and welcome to the forum. From what you say you would certainly have a claim. Have a good read through the stickies at the top of this forum, and you will find some very helpful information to get you started.

    Alan, Derby, UK.



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    Postage £1.50 - Delivery in the UK only.
    Click on the above link to place your order - payment by Paypal.

    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  3. #3
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    Default Re: Do I have a case?

    Hi Alan
    Thank you for your prompt reply. I have taken a look at the template letters and think I will use the first one. Once I have compiled my letter I will post it here.

    Regards


  4. #4
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    Default Re: Do I have a case?

    Hi again
    Can anyone tell me where I can find the spreadsheet to calculate my interesticon payments on my PPIicon. Thanks in advanced.

    PS My new bank, Nat West, received a visit from me today. Over the Christmas period there was a bit of confusion. One direct debiticon was asking for payment 2 days early whilst my benefit payment was a day late. I had £90 in my account, £41 went on the car insuranceicon, £12 on other insurance and a payment for £13 went out. This left a total £24 in the account. On the same day Sky's dd appeared for £50 (2 days earlier than usual). Nat West declined to pay it, then took £38 out of my account for being naughty which put me £14 in the red????

    Calmly I explained the situation to the nice lady on the desk (dropped in the fact that the account was funded by benefit payments) and as a good will gesture said she would waive the fee and it would be returned to my account this evening.

    Not a massive result I know, but reading this forum has given me a real sense of empowerment. Thank you


  5. #5
    Site Team alanfromderby has disabled reputation alanfromderby's Avatar

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    Default Re: Do I have a case?

    Go to the main forum and the Bank Template Library - you can use the same template that is used for bank charges.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS





    Or you may wish to buy one of these great resources:




    Postage £1.50 - Delivery in the UK only.
    Click on the above link to place your order - payment by Paypal.

    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  6. #6
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    Default Re: Do I have a case?

    Thank you Alan. I did come across them but thought they were just for calculating bank charges.

    Regards


  7. #7
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    Default Re: Do I have a case?

    Hi all
    Well I sent my letter off to Lloydsicon at the beginning of the month and have just received a reply. Unsurprisingly they think that forcing unemployed people to take out a PPIicon is OK. Alright they never twisted my arm behind my back and forced me to sign but they did insist I took it out or there would be no loan, even though it was worthless.

    Because I had signed the Acknowledgement of Purchase form then it was my own fault for not reading the small print.
    I am about to send off my reply and await their final response.

    I will keep you up to date.

    Regards


  8. #8
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    Default Re: Do I have a case?

    Could I ask someone to read through this letter that i have composed in reply to their letter please. I would appreciate your comments and advice:

    Thank you for your reply dated 24 January 2008. I am disappointed but not wholly surprised at your response to my claim. I would like to reiterate the points I made regarding the selling of this loan protection plan to me.

    At the time it was taken out I was Unemployed and in receipt of Incapacity Benefit which was paid into the above account, this is proof in itself that I was unemployed. This rendered the loan protection plan as worthless. The person who sold me this loan protection plan was completely aware of my employment status. I was also told that if I did not take this loan protection plan then I would not receive the loan, which, incidentally I was invited to apply for by my local branch.

    I would like to, if I may, show you this taken from the FSA website. Although you are not the bank in question I believe the same rules apply to all Financial Institutions:
    FSA/PN/004/2008
    16 January 2008
    “The Financial Services Authority (FSA) has fined HFC Bank Ltd (HFC) £1,085,000 for failing to take reasonable care to ensure that the advice it gave customers to buy Payment Protection Insurance (PPIicon) was suitable, and for failing to have adequate systems and controls for the sale of PPI.
    From January 2005 to May 2007, HFC's procedures did not require advisers in its branch network to gather sufficient information about customers' circumstances and take sufficient information into account when considering whether PPI was suitable. HFC also did not require advisers to explain fully why they recommended a particular policy or identify to customers any demands and needs which the policy would not meet. These and other failings meant that HFC put its customers at an unacceptable risk of being sold PPI when it was not suitable for them.”
    I believe the key words are “failing to take reasonable care to ensure that the advice it gave customers to buy Payment Protection Insurance (PPI) was suitable
    This is the point that I am trying to convey to you. I was badly advised regarding this loan protection plan and would ask you to look at my claim again.
    I look forward to receiving your response.


  9. #9
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    Default Re: Do I have a case?

    Hi.
    I think that they will give you the runaround for as long as you let them.
    I think its essential that you do a S.A.R - (Subject access requesticon),
    Its a request for all the information they hold on you.
    It should, in theory, contain transcripts of the actual sale of PPIicon.
    They have to provide it within 40 days.
    Sorry to be negative, but i think sending nice letters just delays your claim.
    I dont think you can tell them anything they dont know already.
    Just my opinion of course.

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  10. #10
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    Default Re: Do I have a case?

    Hi Tonycee
    Thank you for your quick response. Do you think I should ask for the S.A.R in this letter or send another letter requesting them?

    I do appreciate your advice regarding being "nice". It is much better than what I really want to say to them though

    Regards


  11. #11
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    Default Re: Do I have a case?

    You have to put your feelings to one side for the time being.

    You can approach this in one of two ways.

    1. You can send pretty please correspondence back and forth and get nowhere.

    2. Be ruthless, like they would with you, and follow the proven method.

    If you chose route 1. you will probably end up doing route 2. anyway, you will have just wasted several months in the meantime.

    You can find the S.A.R - (Subject access requesticon) HERE.
    Adapt/adjust, to suit your requirements.

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  12. #12
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    Default Re: Do I have a case?

    Hi tonycee
    Can you show me an example of being ruthless? I sorry but I don't know how to word my reply to sound ruthless.
    Regards


  13. #13
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    Default Re: Do I have a case?

    What i meant was, by writing letters that they can ignore, thats what they will do.

    By being ruthless, i meant, use the legal system to your advantage.

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  14. #14
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    Default Re: Do I have a case?

    Thanks tonycee. I try to rephrase my reply.
    Regards



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