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.
Ok, I had a thread here which has been moved to the student forum but since I can't get any response from the mod i thought i'd better re-post my problem as i need some help asap!
The basics are -
I was mis-sold a PPI over the phone by Lloyds credit card team when I was at uni and only working 13hrs a week. According to terms and conditions that means my policy was void.
So basically I was conned into buying a policy which had no use for me!
I sent a letter to Lloyds and they said they had no copy of my agreement but later they magically found a signed copy of my agreement dated Jan 2001 but stamped 2002. I didn't turn 18 until May 2001 so I don't know how I could have signed for a PPI at that age. Also - i'm not sure why its stamped a year later.
Although, I do think that this form was just an application for a debit card as i was only in possession of a normal cashpoint card and wanted to get a normal visa debit as soon as I could!
Could someone please advise me what to do and what I should write in my reponse to Lloyds or whether i should just go straight to the courts.
My only concern is that if I contest it directly with them they will say "you signed on the dotted line, so your fault, we won't pay out"
Ok, I had a thread here which has been moved to the student forum but since I can't get any response from the mod i thought i'd better re-post my problem as i need some help asap!
The basics are -
I was mis-sold a PPI over the phone by Lloyds credit card team when I was at uni and only working 13hrs a week. According to terms and conditions that means my policy was void.
So basically I was conned into buying a policy which had no use for me!
I sent a letter to Lloyds and they said they had no copy of my agreement but later they magically found a signed copy of my agreement dated Jan 2001 but stamped 2002. I didn't turn 18 until May 2001 so I don't know how I could have signed for a PPI at that age. Also - i'm not sure why its stamped a year later.
Although, I do think that this form was just an application for a debit card as i was only in possession of a normal cashpoint card and wanted to get a normal visa debit as soon as I could!
Could someone please advise me what to do and what I should write in my reponse to Lloyds or whether i should just go straight to the courts.
My only concern is that if I contest it directly with them they will say "you signed on the dotted line, so your fault, we won't pay out"
Someone please help!?
Hello Butwhy,
I wondered where you had gone If you are not getting any advise on the student forum, ask for it to be moved back over here.
From what I can remember they applied ppi when you where not working sufficent hours to enable to to claim on the ppi,
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
So I have until early march to respond to their letter otherwise they will close my file - OR I can go straight through to the courts route.
I'm a bit scared to send them a letter again because I know they will do everything they can to prove me wrong, especially now that they have managed to find a signed agreement.
LLoyds TSB: £954.09 Sent LBA, refused to refund.
Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!
Mis-sold PPI. Current figure is £814 including 8% interest.
So I have until early march to respond to their letter otherwise they will close my file - OR I can go straight through to the courts route.
I'm a bit scared to send them a letter again because I know they will do everything they can to prove me wrong, especially now that they have managed to find a signed agreement.
Hello Butwhy,
Why are you scared to send them another letter, you need to get mad and be determined to get back the money that they took from you.
The signed agreement did you post it onto the threads I mentioned to you. I have not seen them/
The sold you a policy that was a much use as a chocolate fireguard, because you were not working many hours.
Do you have the terms and condition of the policy and what does it say regarding working hours.
Do you have evidence to show them you were working those hours.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
I know, you're right. I'm just being a bit wimpy. They're very good at making you feel like you have no chance!
I haven't posted the form on any other threads.
But I do still have record of the original terms and conditions which state that I was required to work a minimum of 16 hours.
I was only working 13 and have most old payslips to prove this so I guess that's my main point of dispute. Although the other elements of the case still anger me when I think of how easily they fobbed me off
LLoyds TSB: £954.09 Sent LBA, refused to refund.
Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!
Mis-sold PPI. Current figure is £814 including 8% interest.
I know, you're right. I'm just being a bit wimpy. They're very good at making you feel like you have no chance!
I haven't posted the form on any other threads.
But I do still have record of the original terms and conditions which state that I was required to work a minimum of 16 hours.
I was only working 13 and have most old payslips to prove this so I guess that's my main point of dispute. Although the other elements of the case still anger me when I think of how easily they fobbed me off
Hello Butwhy,
Stop being a wimp and pull your finger out of your butt and get the agreement posted on the other threads for comments,:grin:
You have all the evidence so get at it:grin:
Take absolutely no notice nor believe anything they tell you, that is their ploy to undermine your confidence. They would sell their own grandmothers for profit and then say it wasn't them
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Have posted on the CCA thread now so hopefully someone can shed some light on the confusion.
Thanks for your help HHNF.
Will be back with updates soon (hopefully)
Hello butwhy,
See you have now posted up your agreement and patrick1 has responded and advised you as I did it was an application form.:grin: I would again write to Lloyds and inform them again and quote your reasons for mis-selling and send them photocopies of your payslips. I would also mention your concerns regarding the pre-contractual application form they sent you. There appears to be a lack of prescribed term that a credit agreement should contain in form and content. They are not there:grin: So all the better for you.:grin: You have to exhaust their complaints procedure and get a final response from them that they will not pay you what you are asking. It is better to let the court see that you have given them every opportunity to resolve the complaint
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
I work for a BBC1 consumer affairs programme called "Don't Get Done, Get Dom", in which presenter Dominic Littlewood attempts to resolve issues that have arisen between consumers and companies.
Having read your story, we would be extremely keen to hear from you to see if there is anything we might be able to do to help.
If you would like to talk to us, please get in touch at:
Ok so i submited a claim to the fos, for my PPI claim and in the meantime also received this from the bank:
So what do i do now? Does this mean that I have no claim?? i still refuse to accept the response though. Because I was clearly mis-sold a policy as I didn't even KNOW that I could claim if I was off work due to sickness, which I WAS. It seems they might have the last laugh though because as indicated, i DID sign the form. So basically I agreed to it didnt I?
Could someone provide any suggestions on how to approach this now?
LLoyds TSB: £954.09 Sent LBA, refused to refund.
Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!
Mis-sold PPI. Current figure is £814 including 8% interest.
Sorry, but I would fight them with fire and brimstone particularly as they have been fined by the FSA for mis-selling and must be nervous about these types of accusations.
The Halifax have done similar to me in saying that the information on my application form has been completed in my handwriting but I am 100% confident that it has never been near my hand and have already lodged court papers over this issue. If it was not completed by you, then they have no right to insist that it is your responsibility to make sure that it is accurate! I mean, that is making you responsible for something you have no control over.
Feel confident in going back to them that their argument sounds ridiculous! To go to court or the fos, they would have to be absolutely certain of winning as their past record over PPI is less than rosey.
Bank and credit card reclaims - £9,806
Sainsburys CCA non-compliance with FOS;
Natwest reclaim of £340 in progress;
Egg credit card reclaim in progress
thanks bathgatebuyer, it's so reassuring to know i haven't hit a dead end and there's still hope!
So since I have already lodged a complaint with the fos I can't lodge a claim with the court or reply to Lloyds, but in the meantime should I forward this letter to the FOS and insist that I am upholding my complaint?
Just like you, I can ensure 100% that i didn't complete the form. It's just not my handwriting!! But what annoys me the most is that they keep insisting about the benefits of the policy etc but thats no use to me now!! If they'd let me know at the time it was sold to me then I woulda known what I was buying and could have definitely made use of it!
It just all seems so ludicrous!
LLoyds TSB: £954.09 Sent LBA, refused to refund.
Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!
Mis-sold PPI. Current figure is £814 including 8% interest.
I totally agree with BRW, this is just a standard oh go away letter, you signed a pre-contractual application form with no prescribed terms, where is the credit agreement. Let the fos deal with it now
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW