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.

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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.

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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.

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  1. #1
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    Default My mum v Lloyds PPI

    Hi all

    My mum asked me to help her claim back the PPIicon from her Lloydsicon loan.
    I have sent the first two letters claiming it back stating she was mis-sold as she wasnt made aware it was optional.

    The loan was taken out in March 2004 and was for £16000 and the ppi was for £3539.40 plus interesticon! It is due to be paid off March 2009.

    They have sent us a copy of the agreement which she did indeed sign but on the bit where it says - optional loan protection the box for yes has been filled out with a cross that was obviously done on the computer.

    My mum was in dire straits when she took out the loan and it was basically to pay off credit cards and overdrafts that she had with Lloyds. Obviously when you are offered a loan to supposidly get you out of the brown stuff you just sign whatever forms are put in front of you (from experience I dont do that now lol).

    They are now saying because we havent supplied any additional supporting evidence to substantiate our complaint then they are unable to overturn the decsion.

    I sent the first letter stating I was claiming it back as it was mis-sold and the second that said basically I wasnt happy with their decision....

    Where do we go from here??

    Thanks fbd x

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  2. #2
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    Default Re: My mum v Lloyds PPI

    Also my mum turned 60 last year so would the fact that she is now at retirement age have any effect on the policy not paying out for example?




  3. #3
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    Default Re: My mum v Lloyds PPI

    Ive had a look about the age limit and found it doesnt make a difference.

    However, when my mum went in for the financial review which is where they sorted this loan - they cancelled all her 'unnecessary' direct debits explaining that she didnt need them. I remembered that we both used to have a hospital insurance plan back then which was about £6 dd a month - well low and behold I have just found on my mums statement for March 2003 (the month she took out the loan) that she was indeed paying for this hospital insurance plan which would cover all the usual injury, illness etc and it was one of the direct debits that the bank advised to cancel!!! Ha wonder why?? Is that so my mum would be mis-advised that it was essential she took out PPIicon with them

    Im gonna string them up now mwhahahaha


  4. #4
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    Default Re: My mum v Lloyds PPI

    hello fatboydukey,

    welcome to the ppi forum,

    The loan was taken out in March 2004 and was for £16000 and the ppi was for £3539.40 plus interesticon! It is due to be paid off March 2009
    This should put your claim inline with a complaint to the fosicon about mis-selling of PPI.

    You could go down the Court route but if you lose the case that is that. If you go to the Financial Ombudsman Service and lose you can still go down the Court route but if you do Court and lose the FOS will be unlikely to take on your case.

    FOS from allocation to adjudicator 6-9 Months, it could slow down due to the masses of complaints about PPI and other issues.
    Court timings will depend on where you are etc etc

    If Lloyds are playing the hard ball game it will be time to issue a S.A.R - (Subject access requesticon) asking for all the information they have on record. You will need to send a statutory £10.00 fee. Postal Order is best as no signatureicon and no 5 working days to clear, unlike a cheque. this link will help you get your SAR away...
    Full S.A.R - (Subject access request) for ppi


    Ask for litterally everything you think they may have. Paperwork, tapes. magnetic records, electronic records, absolutely everything!!!!!!

    Good luck
    aa


  5. #5
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    Default Re: My mum v Lloyds PPI

    Hiya aa

    Thanks for the welcome - you have also replied to my claim with citifinancial which made me read thru your thread!

    I was going to send a letter reiterating why I was claiming but will put that on hold and go for the SARicon. The credit agreement they sent the week had my mums signatureicon on it so they already have it! The copy my mum had didnt have her signature on tho?!

    If I dont succeed after getting the info from the SARicon I will go the fosicon route before going down the court route.

    Thanks again
    FBD


  6. #6
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    Default Re: My mum v Lloyds PPI

    Hi CAGicon

    My mum received a response today! The response is from Lloydsicon TSB Insurance quoting the policy number and not the loan number. Scanner is broken so will type out bits I think are important!

    The PPIicon has been cancelled and the loan has been credited with £3539.40 which represents the full loan ppi. Any interesticon charged on the insurance has been waived.

    The amount of your cash loan and your applicable interest rate and related conditions remain unchanged.
    Your monthly repayments will now be reduced as stated on loan agreement...... and will remain same until final payment which may be variable...
    No longer covered by insurance policy blah blah....

    Ok, Yes we have received a result as the premium has been refunded. When I wrote the first letter I never quoted any figures What do they mean by the interest has been waived???? My mum still bloomin paid it for the last 52 months!! They havent given any figures on loan amount still outstanding etc etc (although I did SARicon last week so I suppose I can find out info there)

    Questions:-
    1 Can we request it be paid by cheque? (her money that was used for a policy mis-sold)
    2 Do we write accepting as part payment? But still want interest?
    3 Is anyone lovely enough to have a go at working out the figures for me?!

    The figures are as follows:-

    Cash loan = £9150.00 Monthly repayment= £199.84
    PPI = £3539.40 Monthly repayment= £77.56
    Loan for existing debt = £6850.00 Monthly repayment= £150.75

    APR 11.9%
    Monthly interest rate 0.94%
    Loan term 60mths
    Loan signed for date= 5/3/04 (1st payment I think 28/03/04)


    I just tried using Bog's calculator but I got a wee bit confuddled!!

    Thanks all
    FBD xx

    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!

  7. #7
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    Default Re: My mum v Lloyds PPI

    Just bumping up a little bit

    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!

  8. #8
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    Default Re: My mum v Lloyds PPI

    Hi all

    Going off line for a few days as Im moving but, would really appreciate if anyone out there would like to have a go at my figures above

    Thanks
    FBD x

    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!

  9. #9
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    Question Re: My mum v Lloyds PPI

    Hi

    Ok since found out that they refunded the PPIicon straight to my mums bank account but I am still wanting to claim back the interesticon they charged and the interest my mum lost out on coz the money was paid to them for something that wasnt needed - anyone able to work the fees out from my post above?

    Thanks

    FBD x


    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!

  10. #10
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    Default Re: My mum v Lloyds PPI

    Hi all

    Just bumping this one - have had loads of work to do since moving and this had sort of taken a back burner!

    It seems my mums loan has now ended - seems like the PPIicon they refunded cleared it off!

    I still want to claim back the interesticon for her tho...

    She paid the PPI for 52 months with APR 11.9% and Monthly interest of 0.94% - the monthly payment was £77.56 which in total was £4033.12 - she was refunded £3539.40 leaving a shortfall of £493.72.

    How do I work out the other interest that people say to claim back (contractural interest)? Do I add 8% to that amount or is it 8% per year or what I should know by know with the amount of claims I have done but Ive just used a calculator from Mr Lewis' site to work out my claims (I probably shouldve added 8% to that aswell)!!

    Hope somebody out there can help!!!

    Thanks
    FBD x


    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!

  11. #11
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    Default Re: My mum v Lloyds PPI

    fatboydukey

    Can you clarify the total amount your mum borrowed, including PPIicon, and how much she repaid every month?!

    It seems to me when Lloydsicon said they would waive any interesticon charged on the PPI, they meant they'd knock it off the total outstanding.

    If that's what they've done - and it's impossible to tell from the figures you've provided - then, unfortunately, you ain't gonna be able to ask for it back again.

    Sempra (use the site's search tools for more information) provides an argument for asking LLoyds for compound interest on the money they deprived your mum off, via the mis-sold PPI - but, frankly, it's a bit late in the day to introduce that argument and would, at this stage, require an awful lot of work with no guarantee of any return.

    Fred_Funk

    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  12. #12
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    Default Re: My mum v Lloyds PPI

    Hi Fred

    Below are the figures that my mum was paying on her loan - the total cash loan was £16000 making it £25689 including interesticon. The total monthly payment was £428.15 (199.84+77.56+150.75).

    My mum didnt receive any other letter about the loan being finished they have just ceased taking payments - We have already sent an SARicon but none of this information was included in the stuff they sent back (frankly the stuff they did send was a load of rubbish really).

    I think I will write again and ask for information regarding what they did with the loan and see if the interest was taken off the remainder of the loan.

    If they havent done that then I will claim it back as my mum never received a letter saying Full and finalicon settlement and in our original letter we did state that we were claiming back the interest as well as the PPIicon!!

    Cheers
    FBD x



    Quote Originally Posted by fatboydukey View Post
    The figures are as follows:-

    Cash loan = £9150.00 Monthly repayment= £199.84
    PPI = £3539.40 Monthly repayment= £77.56
    Loan for existing debt = £6850.00 Monthly repayment= £150.75

    APR 11.9%
    Monthly interest rate 0.94%
    Loan term 60mths
    Loan signed for date= 5/3/04 (1st payment I think 28/03/04)



    Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex

    HSBC - FBD 1st claim Bank charges Jan 07 = success
    HSBC - FBD 2nd claim Bank charges June 08 = on hold
    Lloyds - mums claim Bank charges June 08 = on hold
    Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
    Citi loan PPI - FBD June 08 = WON!!!!
    Citi cards - FBD Credit card charges June 08 = ongoing
    Skycard - FBD Credit card charges - WON!!!
    Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
    Studio - FBD Catalogue charges June 08 = WON!!!!!!


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