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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Lloyds/TSB Trustcard CC from 1988


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Hi, can anyone point me a little closer to the target - i'm struggling to track down a relevant post.

 

BTW Dx100uk, I've read a few articles today but can't find reference to being able claim all the charges back just the difference between the ones over £12. Can you please expand a bit - if poss.

 

THanks so much

Kholo

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all,

Well firstly, apologies for not being back on the thread. Some major family issues got in the way and it been a very tough 4 months.

 

Anyway, back to the matter at hand.

 

1. We have now found all of the physical statements we can.

 

2. We have SAR'd Lloyds for any of the more recent transactional info we might have missed.

 

3. We've entered all the PPI charges and APR's into the FOSCIsheet v101

 

4. We've averaged out the charges where we have gaps and also the APR's

 

5. We've got a final value (right or wrong) and entered that in the StatIntSheet v101

 

6. As a separate matter we've also documented all the charges over £12 and entered these into another CISheet (although not clear on whether we enter the charge in full or just the balance of £12 - also do you do the StatInt for this as well) - I know this probably needs to be putting in as a separate claim but it seemed wise to at least document it now.

 

So my next question is what do i do now??

 

Do i just fill in a standard PPI questionnaire and wing it off to Lloyds and see what they say OR do I send all our spreadsheets? I'm guessing it's the former and we then get into a Ping Pong match of exchange.

 

Should we use Lloyds online form or the FOS form??

 

Are there any particular pitfalls that i need to be aware of when filling out the form(s).

 

Thanks so much in advance for your help now and everything to-date.

 

Cheers

Kholo

Edited by dx100uk
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Hi all,

Well firstly, apologies for not being back on the thread. Some major family issues got in the way and it been a very tough 4 months.

 

Anyway, back to the matter at hand.

 

1. We have now found all of the physical statements we can.

 

2. We have SAR'd Lloyds for any of the more recent transactional info we might have missed.

 

3. We've entered all the PPI charges and APR's into the FOSCIsheet v101

 

4. We've averaged out the charges where we have gaps and also the APR's

 

5. We've got a final value (right or wrong) and entered that in the StatIntSheet v101 - correct

6. As a separate matter we've also documented all the charges over £12 and entered these into another CISheet (although not clear on whether we enter the charge in full or just the balance of £12 - also do you do the StatInt for this as well) - I know this probably needs to be putting in as a separate claim but it seemed wise to at least document it now. - all charges, sep claim might not work if outside 6yrs, but you might get charges back if caused by the PPI to each charge date.

So my next question is what do i do now??

 

Do i just fill in a standard PPI questionnaire and wing it off to Lloyds and see what they say OR do I send all our spreadsheets? I'm guessing it's the former and we then get into a Ping Pong match of exchange.

 

Should we use Lloyds online form or the FOS form?? - you use the FOS Questionnaire and send all the spreadsheets too

 

Are there any particular pitfalls that i need to be aware of when filling out the form(s). - you never talk on the phone.

 

Thanks so much in advance for your help now and everything to-date.

 

Cheers

Kholo

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

 

Particularly about not using the phone. If they call us which i'm sure they will - do we just insist all communication must be in writing. Also, is worth scanning all the statements we have and sending that too? It might take a bit to complete but i can if you think it will save time.

 

Thanks

Kholo

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p'haps everything on a cheap penstick bar a covering letter.

they will ask loaded questions on the phone and or send you their version of a PPI questionnaire

again with loaded questions asked in such a way that it limits their responsibility and thus your total

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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IMHO no!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Question: My wife NEVER applied for a Credit card only a Current account with TSB.

The subsequent account came with a cheque guarantee card BUT it turned out that this was ALSO a Credit Card and my wife had no idea that the subsequent account even carried Payment Insurance

- SHE DID NOT ASK OR APPLY FOR IT EVER

- is that grounds for a PPI miss-sell?

 

The reason i ask i because most of the fields on the FOS form refer to 'blah blah blah at the time you applied for the PPI' - but there was NO application.

It might just have been the way they did things back in 1988.

 

So, can i just right a long covering letter rather than fill out fields that have no bearing on the original situation and might actually lead to confusion. Wow this is complicated.

 

Any help in the best way to proceed is very gratefully received.

 

THanks

Kholo

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short I line covering letter

 

don't go into any real fine point detail anywhere

just basic bullet points relating to each Q.

if the Q doesn't apply write N/A in it.

 

but get over the basics of what you put above

don't use caps.

keep it short.

let them work it out

you can always expand later when'/if it goes to the FOS.

 

keep 99% of the history to yourself for now

don't give them clues to what they should findout and do and say.

 

its a chess match, bit like the private parking stuff.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So - are now you saying 'don't' send spreadsheets, pdf scans of statements etc on a usb.

 

Sorry m8 - i'm really making you work here - apologies, i just don't want to get it wrong as i'm very new to the process.

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no - by history I mean about the card not transactions etc - that's evidence for them ..

I just said don't waffle about why it was mis-sold. and don't speculate either

let them find the facts out

send them everything you must for a claim incase they don't have it.

those are nothing to do with the reasons why it might be mis-sold.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 11 months later...

Hi all,

I have 3 years worth of statements from an old credit card from about 10 years ago. There is the odd missing statement - couple of questions?

 

1. Am i allowed to 'average' the ppi for the missing months?

2. The very 1st statement i have has a fairly hefty balance on it - is it expected that the bank should 'reconstruct' the account before this 'first' statement using the knowledge of account going forward?

If the answer is yes to either of these - is it documented anywhere? FOS, FCA etc.

 

Sorry - should have made clear - i am missing at least 2 years worth of statements before the 1st one i have in my possession - hence the question about reconstruction.

 

Many many thanks in advance

cheers

Mike

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who?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Lloyds TSB trustcard Account Reconstruction

Lloyds are pretty good at most ppi refunds in getting things right.

they would certainly use a cascading scale of use back to day one from what data they have.

 

on loans they tend to use flat figures of an avg ppi sum repaid to other customers, on cards I would expect them to get it almost correct too.

 

your trouble is not really being able to use an avg figure really across the 1st 2 yrs, unless you could get bank statements of the payments made to the card?

that would help immensely.

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

 

That might be worth a shot as i might just have the odd bank statement from the time. Mind you thinking about it - i probably paid by cheque - so that's gonna be really difficult to tie up. I'll have a look.

 

Does any document guidance existing from either FOS or FCA on account reconstruction - not that Lloyds will necessarily need educating on it but it's nice to be in the know - just in case.

 

Thanks for all your help

Mike

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fos website shows how a firm must calculate things ofcourse.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all,

 

Is there anything that says you can't act on another behalf when dealing with banks on matters of PPI/charges etc? My wife does not understand or want to discuss these matters with her bank and so wants  to nominate me. The bank (Lloyds) is saying that it can't/wont deal with me.

 

Any ideas on how we can proceed?

 

Many thanks

Mike

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why have you told them its you doing it?

how have you made the PPI complaint?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Because my wife doesn't want to discuss it with them - she doesn't really 'get it'.

 

Initially using the template letter and then filling out their questionnaire. But now they want to discuss it with her and she doesn't want to talk to them. Should we just tell them to do it all in writing?

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oh right

the we wish to ask you loaded questions over the phone as we might be able to get out of all or part of the refund.

exactly WRITING only

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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