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sheppie D

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  1. I submitted my Claim for PPI to Egg and they declined it. Egg's declines on the bases that the online sales process: Does not require you to take repayment protection insurance as a condition of obtaining a credit card Required me to positively confirm that I wished to purchase the policy during the online application. I should have read the terms and conditions of the policy - There is quite a bit about PPI and no mention on the terms and condition that paying PPI was an option
  2. Lloyds Credit Card has declined my PPI Complain. I filled in the 8 page questionnaire and they say that they had not found sufficient evidence to agree with my allegations. they sent me a very lengthy 5page letter describing why they were disagreeing with my complaint. Need to know how to proceed with disputing their decision.
  3. Sorry for the ignorance you responses, questions and advice are greatly appreciated. Thanks ims
  4. All they sent was a letter and stating that the amount of this offer is made up of a refund of all PPI Premiums paid plus interest at 8%. I will am pulling out all my mortgage statements to see exactly how much I have paid since 2002. I did not sign any thing.
  5. I filled in the 8 page questionnaire and they say that they had not found sufficient evidence to agree with my allegations. I do have most of the statements and have started to put together what I have in my files. The payments for the mortgage PPI were monthly along side the Mortgage. Egg's declines on the bases that the online sales process: Does not require you to take repayment protection insurance as a condition of obtaining a credit card Required me to positively confirm that I wished to purchase the policy during the online application. I should have read the terms and conditions of the policy - The is quite a bit about PPI and no mention on the terms and condition that paying PPI was an option
  6. I have two questions that I need help with I have searched the forums and can not find any help with what I'm looking for. I have have made 2 with Lloyds and one with Egg. One has been paid, but not sure that the amount that I was paid was a fair amount. So I need to know what I to do next. Lloyds Mortgage - Paid and have not responded to my request for breakdown of how they arrived to the amount they paid me. Lloyds Credit Card - Declined Egg Credit Card - Declined Your help will be greatly appreciated.
  7. Thanks Caro & Bookworm. I have just received this morning a letter from the Court that reads: Before DISTRICT JUDGE ********* sitting at ******* County Court. Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges; and it appearing to the court that this claim will be affected by the outcome of those proceedings: IT IS ORDERED THAT: 1. The claim be stayed until determination of the proceedings in the High Court; 2. Liberty to either party to apply on notice under CPR 23 to lift the stay. 3. The hearing of any application to lift the stay be reserved to District Judge ****** and will be heard at ********** County Court. Dated 30 January 2008 Many Thanks Sheppie
  8. I'm referring to the letter I received from LLoyds' solicitors. As quoted above.
  9. Well, guess what I have just called the court and they have asked me to write as the letter requests. As far as was aware my claim was stayed along with others that were filed at my local court. So please help me with how can proceed from here. CAN SOMEONE PLEASE HELP ME WITH THIS :confused: Many Thanks Sheppie
  10. Well, guess what I have just called the court and they have asked me to write as the letter requests. As far as was aware my claim was stayed along with others that were filed at my local court. So please help me with how can proceed from here. Many Thanks Sheppie
  11. I have just received a letter from lloyds' solicitors saying that have applied for a stay with my local county court. A paragraph in the cover letter reads; "In light of the above, we have today written to the Court to asking for a ‘stay’ (postponed) of our claim until the resolution of the banks’ proceedings with the OFT. As a result, we would be most grateful if you would confirm, in writing to us and the Court, whether or not you are in agreement to a stay of these proceedings." Is there a standard letter I can use to respond to this. Many Thanks
  12. Hi Caro. Long Time I received a defence and letter from Lloyds' solicitors. I also contacted my county court and they informed me that the court has stayed all claims until the decision to be made in Dec. Below is the correspondence I received after Filling my claim with the court: SECHIARI, CLARK & MITCHELL - SOLICITORS Department SO, PO Box 499, Upper Ground Floor, 1-5 Queens Road Quadrant, Brighton BN1 3XJ Telephone: 01273 205381 Fax Number: 01273 745356 DX: 36675 Brighton 2 Our Ref Wednesday, 19 September 2007 Strictly Private & Confidential xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxxxxx Dear Sir / Madam In the ********** County Court ************* -v- Lloyds TSB Bank plc Claim Number: ************** We have acknowledged receipt of your above claim and issued notice of intention to defend it. Lloyds TSB believes that its current account fees and charges are clear and represent a fair charge for a banking service that is valued by its customers. However, Lloyds TSB (along with other major UK banks) has now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to unauthorised overdraft charges. We believe this 'test case' will resolve the legal issues about the fairness and legality of these charges. We intend to ask for any court cases dealing with these bank charges to be postponed ('stayed') until the banks' proceedings with the OFT have been resolved. As a result, your case is likely to be put on hold until the outcome of this test case is known. We or the court will be contacting you about that soon. During the legal proceedings between the banks and the OFT, the Financial Ombudsman Service has decided to put all investigations concerning the fairness and legality of unauthorised overdraft charges on hold, until a decision has been made by the courts. Similarly, Lloyds TSB has asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect customers' rights. We will keep you updated about the proceedings with the OFT as soon as we are able to do so. You can also check the latest position on Lloyds TSB's website, Welcome to lloydstsb.com. As a general matter, Lloyds TSB will ensure that your claim will not be adversely affected by the stay of your court proceedings. Once the legal proceedings between the OFT and the banks finish, Lloyds TSB will try to resolve your claim as quickly as possible applying the principles established in that case. Please do keep all your documentation as you may need it following resolution of the test case. If you have any questions, please contact us on the above telephone number. Your faithfully Sechiari Clark & Mitchell This firm is regulated by The Law Society Form 1007A 01/06 IN THE **************** COUNTY COURT BETWEEN: ***************************************** and LLOYDS TSB BANK PLC Claim No: Defendant DEFENCE 1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times. > 2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing; cheques bank statements the facility to make payments by direct debit and standing order debit cards ATMs (cash machines).' . 3 By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a. service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead". There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss. 5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter. 6. The charges are fair and reasonable, and it is denied that they are unlawful. 7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. 8. In the premises: 8.1 the charges are for banking services, and are not damages nor a penalty; 8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable; 8.3 it is denied that the charges are unlawful or contravene any statute or regulation. 9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank. Statement of Truth The Defendant believes that the facts stated in this Defence are true. I am duly authorised by the Defendant to sign this statement. Signed: Full name: Joanne Storey Team Leader for the Defendant. Served 19™ day of September 2007 by Sechiari Clark a Mitchell of Department SO, P.O. Box 499, Upper Ground Floor, 1 - 5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ: Telephone 01273 205381: Fax 01273 745356: Reference Solicitors for the Defendant.
  13. Finally did it!!!! Submitted my N1 the Local County Court yesterday. Now I wait and see!!
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