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.
I have 2 loans with Lloyds at the moment, these loans were taken out back in 2005, I think they have PPI on them,but I am not 100% sure, now I would like to under under what circumstances I can claim the PPI premium back.
I have read the notes for claimants on this forum, but its still confusing hence the reason why I want someone to explain to me in plain words.
i.e what do I need to look out for ? do I need to check for clauses in the documents ? what if i cant find the PPI document ?
I have 2 loans with Lloyds at the moment, these loans were taken out back in 2005, I think they have PPI on them,but I am not 100% sure, now I would like to under under what circumstances I can claim the PPI premium back.
I have read the notes for claimants on this forum, but its still confusing hence the reason why I want someone to explain to me in plain words.
i.e what do I need to look out for ? do I need to check for clauses in the documents ? what if i cant find the PPI document ?
Thanks in advance
You need to start with a Subject access request to obtain copies of your Consumer Credit Agreements and all associated data applicable to your loans. To do this you will need to submit a Subject access request together with the statutory fee of £10.00. Please see this link from the stickies at the top of the forum..............
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
You need to start with a Subject access request to obtain copies of your Consumer Credit Agreements and all associated data applicable to your loans. To do this you will need to submit a Subject access request together with the statutory fee of £10.00. Please see this link from the stickies at the top of the forum..............
Thanks AA for the info, this is what I needed to get me started.
One thing though, I have sent a letter asking for the CCA and I sent a £1 cheque to Lloyds. On the info you have sent me here, you mentioned another £10, would I be right in saying that this is not CCA related and in fact a seperate matter known as PPI.
Or
Would the pending CCA request also yield information about the PPI ?
Thanks AA for the info, this is what I needed to get me started.
One thing though, I have sent a letter asking for the CCA and I sent a £1 cheque to Lloyds. On the info you have sent me here, you mentioned another £10, would I be right in saying that this is not CCA related and in fact a seperate matter known as PPI.
Or
Would the pending CCA request also yield information about the PPI ?
when you receive the data you will be able to search to see what records were kept when the Loans were started. The CCA request would require £1 for each CCA on active loans only they are not required to provide you with copies of the agreements on closed accounts but under a SAR they have to supply all data as required under the Data Protection Act 1998...
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Thanks for the info. Here is the situation of things.
I have 2 loans with PPI on them, If i request a SAR. Should I do so requesting information on the 2 loans and the credit card, as after reading the SAR document, its literally asking for every bit of info they hold about myself, this includes my 2 loans, 1 credit card and 1 bank account. Would this be the way to go, as ideally if I can get everything with one ask, it saves me a whole lot of hassle. Although, I have requested CCA for the 2 loans which I have received, but I have not received document about the insurance, they did promise to send this over the phone though.
I assume this will take ages to get i.e SAR
Would requesting for the CCA be enough to get the PPI claim going. At the time of taking the loan, I was told that it was like a package, and if I didnt take out the insurance, the application was going to be declined.
Besides, I do have a medical condition as well, which is well documented.
Documents relating to the loan CCA can be found here
Loan 1: Taken out in 2004
Loan 2: Taken out in 2007
At the time, I was told that the PPI was part of the loan which couldn't be seperated. If I need to request a SAR, do I need to do so requesting all data with Lloyds uder the DPA or just a SAR for the 2 loans, the reason why I ask is that I hold other accounts with lloyds and want to progress with this matter ASAP without any form of delay.
Also, I understand that this information can also be requested on the phone as well. Will a SAR request cover all loans or do I need a seperate SAR for every seperate loan ?
about two years ago I claimed back the miss sold PPI on loans from Lloyds. I wrote a letter to my branch and complained that I believed I had been miss sold the policy.
it had started with one loan in 2001, which was then topped up in 2002, and again in 2004. I was told that by taking the PPI the loan would be accepted.
My complaint was passed onto to Lloyds Insurance in Wales, they at first refused to admit liability, but then backed down when I threatened action with fos.
I was refunded the premiums from the first two loans by cheque and the remainder of the PPI on the existing loan was paid back against the account.
This is the original thread if you want to have a look http://www.consumeractiongroup.co.uk...tml#post615070
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
I am about to send in the PPI claim to Lloyds, just wondering how long the process takes, Is it worth asking for a CCA for the PPI first or just making a claim based on the following reasons:
the PPI was added to the loan, so in my case, the cash PPI was around say £4k, but eventually turns to £6.5k after interests during the duration of the loan.
I was told that I had to take out the PPI because it came as a package with the loan itself.
I have got medical conditions (serious ones, although being managed) which I dont think has been taken into consideration with the PPI.
Please folks, what chances have i got in geting this money back, If I can get this money back, thats one of my loans written off with some spare change left. Also, should I keep paying the loans inc PPI even though, I am struggling at the moment, that is being dealt with as a seperate matter with Lloyds.
my claim did not take that long, about a month I think.
I think the best approach to use, regarding miss selling of PPI is the "if youtake the PPI your application will be accepted" one.
This was common practice and indeed was how I ended up with PPI on both my credit card and loans, both with Lloyds!
use the medical conditions as extra ammunition should you need it. At this moment in time you need to establish if you have paid PPI and how much. Therefore it is important to send off you full SARs for both loan accounts, it is the only way to get all of the information you need to start your reclaim.
Good luck!
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
Thanks for the prompt response, I have definitely paid PPI.
Just to give you a clue, I have 2 loans with Lloyds. and the PPI I have paid on one which is ending this year ie enough to write it off with soem change left, if I win.
The other one, I am 2 years into it and again, cash value of PPI £4,500. PPI + interest makes it arounf £7,000
So again, I have paid 2yrs into it, and if you take out the PPI and If i get a refund, thats a massive amount off the loan !!
Total loans balance with them is about £18k, but PPI makes up around £11k (this includes interest), so in real life, my situation isnt too bad, its just that the PPI blows it out of proportion.
Also, I have asked for a CCA for the loans and this has a section which gives the figures for the PPI, but is there anything relating to CCAs for PPIs at all, or is it strictly SAR request which will cover this, also instead of asking for one SAR for PPI, one for Credit card etc, will a SAR reveal everything they hold.
Also, would it be sise puting i a claim for a PPI now instead of waiting for a SAR, as honestly speaking I want to get the ball rolling ASAP as debts are spiralling.
I would have thought a CCA/Agreement document for a PPI wouldnt take that long to receive compared to a full SAR.
if you are sure you have paid the PPI then draft a letter today and complain to Lloyds. Inform them that you believe that the PPI has been miss sold and you would like it returned.
I began with a complaint to my branch, it was then passed onto the right department. Although i have medical conditions that would have excluded me from claiming on the PPI, my main complaint was the selling practice, making me believe that if I added the insurance my application would be accepted. I now know this is untrue.
Have a look at the fos website, they have a section on PPI and what to do if you think you have been miss sold it.
With Lloyds I was given a refund for the first two loans in cash. The third loan which was still active had the PPI I had paid set against it, this reduced the balance and shortened the loan length. However strange things have since happened........
As I was with Halifax and battling about bank charges at the time (2007), I cancelled all of my DDs including the loan one, until I could sort out a new bank account. Lloyds never contacted me about setting up a new DD, they paid the PPI back against the balance which left about 5K owing.
Apart from a statement at the beginning of the year, nothing
They have not sent out a new DD form, they have not called, written or passed the account onto their collections department or a debt collection agency!
Very strange.................
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
I will catch up later and advise but birchave is doing a stirling job.
Just lost my dad so off the air this is just to say I am still with you when I get sorted and will help where I can
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
I'm sorry AA to hear about the bereavement. Thanks for taking the time to follow up, complaint letter sent, but I was just wondering, since the PPI itself is part of the loan with interest being charged on it, and as I have an outstanding complaint on the PPI which will require time to investigate, can i send the bank a letter saying that the loan account is in dispute, until the PPI query has been resolved.
Just a quick one, once a letter gets sent, will the bank automatically accept liability and at what stage if applicable will one put forward a claim figure.
I will catch up later and advise but birchave is doing a stirling job.
Just lost my dad so off the air this is just to say I am still with you when I get sorted and will help where I can
aa
AA, so sorry to hear about your father, my thoughts are with you and your family.....
Omoeko Lloyds will not accept liability, any offer they make will be "anoffer of goodwill" this is so you won't report them to the fos!
Sadly how long it will take them is an unanswerable question. As they will have a mountain of complaints it may take them a few weeks to acknowledge your complaint. The sooner you get your complaint lodged the sooner thing s will happen, get the letter posted ASAP!!!
cheers
birch
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
Can the Loan itself be marked as in dispute whilst I am waiting for them as teh PPI itself is a loan (part of the loan)
not really, as you have only sent a complaint there are no grounds to place the account in dispute.
Had you sent an SAR, waited 40 days, had no response or not had the required information sent out to you, you may then be able to dispute the account.
I know's it hard, but just sit tight. If it gets to around 3 weeks and no response then contact them and demand an explanation.
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
just a quick note guys, still nothing received from them apart from a letter saying they still investigating even though, this will be 2 months now since my initial letter by next week.
Any strong worded letter I can write to them saying i will be referring to fos f i dont hear anything soon, also what if they dispute my claim saying they didint missell the PPI as i know banks will always try and be difficult or is the mere fact that its taking nearly 2 months to investigate, shows that my claim has substantial weight behind it ?