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)


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  1. #1
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    Question Lloyds TSB - Mis-sold PPI

    Hi everyone.

    I have been asked by my brother to look into his loan account with Lloyds TSB Bank PLC

    He took a loan out on 13th June 2008 for £2600 - refinancing his existing loan. He took out payment protection insurance for over £900 making the total payable excluding interesticon at just over £3500

    The monthly repayments are £99.00 x 60 months = £5940

    On or around end of August 2008 my brother fell out of work and claimed Job Seekers allowance from the Job Centre. This was awarded, on 18th August 2008.

    The payment protection insurance company “Lloyds TSB Insurance services Limited” refused his claim, saying he does not qualify. There reasoning being that 30 days had not elapsed since taking out the policy.

    Below are two letters, which I have drafted on behalf of my brother, which I plan to send out.

    I also asked the bank manger to send my brother copies of the agreement and T&Cs which he agreed to do as he had them in his branch.

    Theses however have not been received and so need to send a formal request under CCA 2006 to get them.

    I have done theses before under my own debts but they are covered under CCA 1974 and do not have a template for the new 2006 act. Could any one point me in the right direction?

    Regards
    Dave - UK26

    [Letters now scanning - available soon]

    Letter to PPIicon Company

    Letter to Lloyds TSB



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    :grin: Capquest Case Resolved and Account Closed :grin:

  2. #2
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    Default Re: Lloyds TSB - Mis-sold PPI

    just been reading the CCA 2006 act, looks like you still send out the CCA Request headed under CCA 1974. is this correct

    :grin: Capquest Case Resolved and Account Closed :grin:

  3. #3
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    Default Re: Lloyds TSB - Mis-sold PPI

    I think so. The CCA 2006 superseded some of the provisions of the 1974 act but I think your right to request a copy of an agreement from any date is still within the 1974 act. As far as I know

    BANK CHARGES
    Nat West Bus Acct £1750 reclaim - WON

    LTSB Bus Acct £1650 charges w/o against o/s balance - WON

    Halifax Pers Acct £1650 charges taken from benefits - WON

    LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA

    DCAs

    Lowells/Capital One - no CCA - gone away £1500
    Lowells/MBNA - no CCA - gone away £10K
    Abbey - no CCA - £3.5K
    CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
    Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
    Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
    LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC


    Others

    GE Money sec loan - £1900 in charges - settlement agreed
    GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
    FirstPlus - missold PPI of £20K for friends - WON

  4. #4
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    Default Re: Lloyds TSB - Mis-sold PPI

    Section 7 of the CCA 2006 says

    7 Further provision relating to statements
    (1) In section 78 of the 1974 Act (duty to give information to debtor under runningaccount
    credit agreement) after subsection (4) insert—



    here is what i plan to send



    :grin: Capquest Case Resolved and Account Closed :grin:

  5. #5
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    Default Re: Lloyds TSB - Mis-sold PPI

    Not sure if you need paragraph 3 as that is aimed at DCAs and other assignees of debts.

    BANK CHARGES
    Nat West Bus Acct £1750 reclaim - WON

    LTSB Bus Acct £1650 charges w/o against o/s balance - WON

    Halifax Pers Acct £1650 charges taken from benefits - WON

    LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA

    DCAs

    Lowells/Capital One - no CCA - gone away £1500
    Lowells/MBNA - no CCA - gone away £10K
    Abbey - no CCA - £3.5K
    CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
    Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
    Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
    LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC


    Others

    GE Money sec loan - £1900 in charges - settlement agreed
    GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
    FirstPlus - missold PPI of £20K for friends - WON

  6. #6
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    Default Re: Lloyds TSB - Mis-sold PPI

    ok.

    I feel sorry for my brother; it looks as if he has been stitched up by the bank

    He does not know anything about loans or credit cards and was under the impression when leaving the bank today, that £900 payment protection insurance covered the interesticon of the loan aswell.

    I really had to point out to him that it did not, and he as been advised incorrectly by the bank. Simply showed him the figures I worked out and he did not believe me.


    Loan Amount £2600
    Payment Protection Insurance £900

    Total £3500

    Monthly Repayments £99.00 over 60 months = £5940

    Worked out the Interest £5940 - £3500 = £2440

    I really fill like going and confronting the girl who advised him today.

    actually ill do better then that, i will file a complaint with Trading Standards

    does my brother have grounds to withhold payment??

    I am not 100% sure, but personally i think its best to hind behind S77 CCA 1974 after 12 days then withold payment, until they have resolved the dispute

    Quote Originally Posted by Goldlady View Post
    Not sure if you need paragraph 3 as that is aimed at DCAs and other assignees of debts.


    :grin: Capquest Case Resolved and Account Closed :grin:

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    Default Re: Lloyds TSB - Mis-sold PPI

    hello uk26,

    I have been asked by my brother to look into his loan account with Lloydsicon TSB Bank PLC

    He took a loan out on 13th June 2008 for £2600 - refinancing his existing loan. He took out payment protection insurance for over £900 making the total payable plus interesticon at just over £3500

    The monthly repayments are £99.00 x 60 months = £5940

    On or around end of August (is this month correct?) 2008 my brother feel out of work and claimed Job Seekers allowance from the Job Centre. This was awarded, on 18th August 2008.

    The payment protection insurance company “Lloyds TSB Insurance services Limited” refused his claim, saying he does not qualify. There reasoning being that 30 days had not elapsed since taking out the policy.

    You will need to clarify if the 30 day rule applied or not as your dates do not match.

    Below are two letters, which I have drafted on behalf of my brother, which I plan to send out.

    I also asked the bank manger to send my brother copies of the agreement and T&Cs which he agreed to do as he had them in his branch.

    Theses however have not been received and so need to send a formal request under CCA 2006 to get them.

    I have done theses before under my own debts but they are covered under CCA 1974 and do not have a template for the new 2006 act. Could any one point me in the right direction?


    These links may help I believe there were amendments/additions to the 1974 Act in 2006 (see the links below) but the 1974 Act is I believe, still the main legal statute that you should use.

    Consumer Credit Act 2006
    http://www.opsi.gov.uk/acts/acts2006...0060014_en.pdf
    Consumer Credit Agreements amendments 2004
    http://www.opsi.gov.uk/si/si2004/uksi_20041482_en.pdf
    OFT Credit changes and APR
    http://www.oft.gov.uk/shared_oft/con...dit/oft144.pdf


    I would ask you to confirm date of agreement, date of loss of job just to check on the 30 day rule.

    Hope this helps you out

    aa


  8. #8
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    Default Re: Lloyds TSB - Mis-sold PPI

    Is it possible that the policy commenced after the loan did? Or are they just playing the usual 'we will do anything to avoid paying out insurance' game?

    BANK CHARGES
    Nat West Bus Acct £1750 reclaim - WON

    LTSB Bus Acct £1650 charges w/o against o/s balance - WON

    Halifax Pers Acct £1650 charges taken from benefits - WON

    LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA

    DCAs

    Lowells/Capital One - no CCA - gone away £1500
    Lowells/MBNA - no CCA - gone away £10K
    Abbey - no CCA - £3.5K
    CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
    Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
    Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
    LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC


    Others

    GE Money sec loan - £1900 in charges - settlement agreed
    GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
    FirstPlus - missold PPI of £20K for friends - WON

  9. #9
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    Default Re: Lloyds TSB - Mis-sold PPI

    Why can't banks be simple and fair with there customers insted of looking for aways not to pay the insurance claim.



    I have sent them proof of the date he claimed JSA

    Loan agreement signed 13/06/2008



    :grin: Capquest Case Resolved and Account Closed :grin:


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