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
London
NW11 7PE



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  1. #1
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    angel17 Novitiate

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    Question Angel17 V's LTSB CREDIT CARD PPI

    My complaint with ltsbicon for my credit card is being investigated today, well at least thats what they told me.( you will also note that from other threads that I do not have my cca but a tampered application form, no PPIicon info as was told they dont have this for me, so this account has been in formal dispute since 5.8.09)

    Before, they get back to me, I wanted to get a rough if not accurate refund figure.

    The payments date from 2001 to 2005 when they were cancelled by the bank, although I am still paying these off within the balance today.

    The interesticon rate was £1.385 each month do I add this onto the monthly figure and times by the years? then add 8%?

    I would appreciate your advice as I feel I maybe going the wrond way about this.

    Thanks in advance


  2. #2
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    Default Re: Angel17 V's LTSB CREDIT CARD PPI

    Pompeyfaith may help you with this. He's our local legend!!
    I'm sure he'll be around later


  3. #3
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    Default Re: Angel17 V's LTSB CREDIT CARD PPI

    Thanks I've actually had the letter stating they are rejecting my complaint, they said that this was an online application and that bascially I sold this to myself: these are my reasons:

    This is application form consists of multiple agreements. You will note there is a crossed ticked. No signatureicon from myself. I cannot remember being able to opt out of this card protection plan online.
    2. After the application became active no members of Staff from Lloyds TSB either via phone, letter or branch visit ever explained the features of the policy, including details of cover and any possible exclusions and whether this would be applicable to myself.
    3. To this date and despite a recent SARicon request, I have never been provided with any policy documentation, or letters explaining the Payment Protection Insurance cover.
    4. I would like to refer to my application form (This is the only copy of an agreement that the Card Services Department hold on me- you will note there are no terms and conditionsicon or nothing on payment protection that advise that this can be cancelled- it only states that I can cancel the credit card application (not ppi) with a short time- but no days etc)
    5. I was not aware that these premiums could be cancelled at anytime until Lloyds TSB themselves cancelled these in 2005
    6. At time of taking out the credit card I did possess life insurance, this can be seen on my Select Account statements as I transferred the direct debiticon from another bank to Lloyds TSB within the begining of 2002 after having the policy for a few years prior to this. I have never been asked whether I had such insurance and therefore should this have happened, it would have been noted that this policy would not have met my needs and would therefore be of no value to me.

    Should I go direct to the fosicon?


  4. #4
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    alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana's Avatar

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    Default Re: Angel17 V's LTSB CREDIT CARD PPI

    Hello Angel,

    please have a read through these links they should help you to make a considered decision on reclaiming PPIicon.

    PPI - Some Notes for Claimants..

    Mis-sold PPI? Want your money back? use these links to help

    The second link is very long with more links here are some of the more relevant links.


    THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE fosicon
    loan payment protection insurance and a quote from this link...

    Quote:
    When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
    Another Useful article on Single Premium PPI and why the FSA say it was unfair.
    http://www.moneymadeclear.fsa.go v.uk...insurance.html
    Payment protection insurance (PPI) – Refunds of single premiums : FSA Money made clear – Unfair contracts


    For claims before 2005 and the FSA ruling from which campaign
    How to tell if you’ve been mis-sold PPI

    Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

    For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.
    Data Protection | OUT-LAW.COM

    it includes the following and much much more
    Negotiating with the Data Subject (This should be important to Banks)

    At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

    The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a Subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a Subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

    When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

    However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)


    Just a taste of what can be accessed in the second linik.

    I hope it helpw with your claim.

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  5. #5
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    Default Re: Angel17 V's LTSB CREDIT CARD PPI

    Hi, thanks alanalana

    Have doubled checked PPIicon and I fit the criteria for miss selling. Would be very grateful if anyone could help me on how I would calculate the ppi premiums for the ccard dating back to Nov 2002?

    Thanks in advance


  6. #6
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    Default Re: Angel17 V's LTSB CREDIT CARD PPI

    Good morning following my rejection letter I am going to send the lbaicon before fosicon and possibly courts. Would be grateful if you were able to let me know what you think of the following:

    COMPLAINT: ACCOUNT IN SERIOUS DISPUTE DO NOT IGNORE

    Dear Sir or Madam,

    Account number: [insert account number]


    I am writing in response to your letter dated 19th August 09, with regards the insurance sold with my credit card. I am so what confused that a decision was able to be made on this day as earlier in the day, I was informed over the telephone that I could expect to receive a holding letter on the 26.8.09 as they were waiting to gather internal information including an original agreement with terms and conditionsicon from the card Services Department.

    I would like to take this opportunity to respond to each of your findings addressed in this letter.

    Firstly you state ‘ the prevailing process covering LTSB at the time the PPI was sold, required our advisors to probe customers financial circumstances. and death to cover their commitments. Should this process have happened your findings would have shown that prior to the employment stated on the application form I had been continuously unemployed for the last few years as I was a full time University Student. You would have noted that Student loans etc were going into account ending xxxx. Had this employment been checked you would have found that this was indeed temporary and ended within 7 months of the application for credit being taken out. You will then have noted that I went back to University, Student loan payments again going into account ending xxxxx and then a graduate account opening in July 2003. Therefore had these checks taken place I would not have been eligible for the policy at the time of application as I was aware of unlikely unemployment and would not have benefited from the full aspects of the policy. Although you state that existing insurances did not need to discussed, this would have shown when you making the above checks.

    Secondly, you state that the policy documentatation was sent out in the post subsequent to the purchase. Up until 21st August 2009 I have never received any policy documentation. I have indeed asked for this in a full DSAR request which failed to comply and had nothing to send and I have indeed asked this department on the 29th July 09 on the day the complaint lodged to which the reply was ‘ I will see if we can locate a copy’

    Disclosing information is breach of the data protection act as such this has been reported to the IFC. Additionally, on the 21st August 09 I had asked a LTSB Insurance advisor who the underwriters of the policy were, it was stated ‘I think its Norwich Union and they may or may not have heard from you’ I do hope this conversation was recorded. I also note from the paper trail evidence from the DSAR Department that this is not shown. If the policy documentation had been received it would have been cancelled as a) I did not need this and b) I would not have been eligible for the reasons stated above. Subsequently, I have indeed tried to cancel the policy but was unsuccessful.

    Thirdly, you state that as a member of the GISC CODE, LTSB would ensured that the products and services offered matched my requirements and help me make an informed decision before making a final commitment to buy the insurance. To this date, I have not had a financial health check from LTSB for the insurance. No follow up calls, no branch visits nothing!!! Had this happened along with your prevailing application process taking place you would have noted that I would not have been eligible for this policy at the time of application as stated in the now received policy documentation.

    Fourthly, with regards to my application form, which is, indeed contains multiple agreements one for credit and another for PPI. You will note there is no signatureicon next to the ppi only a box that is computer ticked. As this is a multiple agreement had I wanted this PPI a signature would have been made. The signature at the bottom at the tampered application form is for credit, I have not signed for PPI. There are NO PPI terms on the CCA, simply a Ticked box, No reference as to what the cover costs, at all. The OFT has already proved in the High Court that Lloydsicon TSB Credit Card agreement ARE Multiple agreements, then it must be said that if I chose the PPI then the agreement should be laid out accordingly with Section 18 of the CCA 1974, with all the correct terms and signature.


    I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again taking the above points into consideration. If I do not receive a more favourable response within 14 days I shall be taking my complaint to the Financial Ombudsman.





    Yours faithfully,



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE