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Everything posted by mickey33

  1. Lowell's who purchased the debt from lloyds have recorded a debt this year on my wife's credit file. The original loan with lloyds was June 2006 and the last payment July 2008 when my wife lost her income with no warning from work. Should that be on her credit report and if so for how long?
  2. I have used the fos form for the ppi. Can the dca register a purchased debt as a new debt on your credit report which they have done this year? It makes the report look as if you have taken out a brand new loan.
  3. I have just come across this comment after returning to the forum. The independent legal advice wasn't wrong it went wrong from the start when the branch secretary of the pcs union never bothered to turn up for the hearing. The union rep also wrote a statement clearly showing that the senior management had lied on six different counts which they relied on in the hearing. Following the loss of the case there was very strong legal support verified by no less than three independent solicitors firms that a case could be brought against the union for negligence. At his point my wife who suffers with epilepsy was exhausted with the struggle which was and had affected her health. The case was also verified and checked by the equality and human rights commission it makes interesting reading and we were astonished at the outcome even without the union. The only positives to come from the case were a complete change of internal procedures on the processing and assessment of medical retirements. What is now interesting is that the very companies ( atos and capita ) are now stating my wife is fit for work having supported the dwp's decision in writing that she would never be able to provide a recon able level of service when she was employed. In light of all the government cut backs I would imagine the level of discrimination has increased a lot more for current staff with disabilities and health related problems.
  4. I have checked on the original file the info I requested from lloyds included two payments made onto the account logged as ccd rebate does anyone know what these are? Then according to the screen prints i requested from Lloyds there was a write off to clear the debt in early 2009? Not being familiar with their internal procedures I am not sure why this is recorded as such and then selling the debt this year nearly 4 years later. I have just downloaded the Lloyds ppi claim pack has anyone used this? The reason for asking as it looks like it is designed and written to trip you up I could be wrong.
  5. With regards to the unclaimed ppi would lloyds have to pay back the full amount of the original ppi plus the interest or just the premiums paid during the term of the loan prior to default?
  6. I am sure there are more than a few default charges I will have to check. The loan has not had any ppi paid back as yet due to us not recognising the debt or putting in a claim for a refund to date. I will have to dig out the old files and dust them off for a recap. If I was a single guy I would have joined the freemans by now lol. Why would anyone pay a dca company in which a legal contract has never been entered into? Do banks initial signed agreements state that they are allowed to sell a debt if you default as part of there own terms and conditions? At what point in time does this end that may help in the decision making in dealing with it all again and finalising things?
  7. The debt lowells have purchased has never had a ppi reclaim yet as we don't recognise the debt. The other agreements are still with Lloyds and the ppi has been paid against the outstanding debts which would never have been there had they even recognised a claim. When a claim was originally pursued we were fobbed off and left to claim against a third party insurer we had never heard of before? All the literature provided was lloyds for the insurance. Under the policy we had a legitimate claim on the policy following my wifes retirement to settle the whole debt thats why they did not want to pay out.
  8. We have received the 8% in the past on some products but the ppi charges some of which were over £6k were paid onto the debts that should never have been debts in the first place. The other one I am now looking at is clean and paid up in full which is due back in full which is another £5k plus interest I am looking at that now.
  9. They have sold 1 to lowell's and westcott and red are chasing another one all of which have been in dispute over the years with lloyds and the Fsa. The product sold to lowell's has not had the ppi repaid at all yet. The reason so far for not claiming it is lloyds could not provide an original signed copy of the agreement on request a couple of years ago. We didn't respond or claim due to us not recognising the original debt so being reasonable you can't have it both ways can you. Now they have tried pulling a swifty with selling a disputed debt to lowell's I may take a different view on it but that means notifying lowell's enclosing copies of the original letters sent to lloyds. I am not sure about dealing with lowells as they all bore me with the generic patter and scripts they work from. It makes very little difference to me and just goes back and forth in a tit for tat so I would like some views and opinions so I can make a decision on what to do.
  10. Not been on for a while so hi to everyone Can someone advise me as to what happens when lloyds pay ppi towards an outstanding debt instead of us? The reason for asking is due to the fact that when my wife was forced into I'll health retirement by the dwp she worked for for 10 years we both had legitimate claims under the policy so we thought. What lloyds did was not only ignore the claim for my wife who is disabled they refunded the ppi and paid it onto the outstanding loan and then sent a demand for payment of the outstanding balance. In my case when I tried to claim as i became a full time carer for my wife. The time when we needed there help they did exactly the same as above on my credit card offering no explanation or reason why. The balances are still outstanding we had 6 different policies in place including the mortgage all of which never paid out and offered no response. The mortgage company even sent out a private investigator but that's another story I am not sure what to do as they have all contributed to screwing up our credit file not something that bothers me anymore. The one positive though is we don't borrow money and it's not likely we ever will again unless God decides to,open a bank. Do I get back in the saddle again to do battle or carry on sitting quietly smiling in the shadows?
  11. My wife worked for the DWP and Jobcentre Plus for over 10 years and was a member of the PCS Union from the very start. My wife has a recognised disability of which there is no cure and requires permanent daily medication. Following a bout of absence that lasted over 6 weeks the department pushed for a return to work date threatening a review of my wife's position if she did not supply a date. This went on further with a recommendation for dismissal with compensation which was later changed to voluntary ill health retirement without my wife's consent I may add. The application for retirement was signed off by a senior manager. The PCS union actually supported this stating they thought it was the best option for my wife to be retired and draw her pension at the age of 35 which is unbelievable. Due to the lack of support from the union we sought independent legal advice and issued an official grievance. The grievance was handed to the branch secretary of the union who held onto it for three weeks before hand delivering it to me wifes senior manager. On handing over the official grievance my wifes senior manager back dates the termination of employment by a month to enable her not to answer the official grievance and put a hold on the proceedings. All of this ended up in an employment tribunal which took 18 months to be heard with constant delays and reschedules. My wife's union rep wrote a statement for the tribunal that showed that the senior line manager lied on six different counts of her sworn statement. Unfortunately the PCS union rep would not respond to requests to attend the hearing to support my wife and stand by his statement. We even called the chairman of the PCS union in Leeds to intervene but he stated that all reps are volunteers and they cant be forced to attend. The judge of the hearing on the very first day asked where the union were and if they were going to attend. Our legal advice was such that we were told my wife had such a good case regardless of the union we would be okay but it would have been better with them being present. As a result of them not attending my wife's senior manager was allowed to swear under oath and lie unchecked. My wife lost the case as a consequence and is now retired with a permanent disability at the age of 35. The DWP used my wife's pension money to get rid of her and end her career. My wife ended up in hospital on four separate occasions as a result of the departments treatment and lack of procedure as it took over a year before my wife was finally sacked. Our advice is be very careful who represents you take independent advice if you can and consider going through the courts instead of the tribunal service. The PCS union like to grab headlines and try and change policy but when it comes down to the individual they are very lacking. The fact that the PCS union supported the ill health retirement along with the DWP and that was used against my wife in the hearing demonstrates that you are not entitled to disagree with a decision if you are disabled and have no equal rights whatsoever. Very Very Poor from the start and throughout the only consolation is she does not have to put with the prejudice and constant bullying with the Job Centre plus attendance management process. The department has a blanket policy for everyone sick or disabled so beware of the PCS and there advisers.
  12. Does anyone know what notification you get from your lender if a suspended order is not maintained? I know they apply back to the court for an order to be enforced. My question is are you notified by the court of the date and written to about the decision made with a date to vacate?
  13. This is a blast from the past I dealt with this company on a business level they went down the first time owing me over £3500 when I called my local rep who worked for the company he was facing losing his job he told me that the then directors were using business funds for investing in other projects that had failed. That is why all us retailers stopped being paid I still have a creditors list of companies who were owed money and there were some big names on there including Everton FC who were owed a lot of money. I wonder why the individuals responsible are never investigated for fraud when they cause these problems they seem to be able to just wind it up and move on and then start up again doing something similar.
  14. It did come around quickly. I have cleared the decks and am now able to focus on any outstanding issues 100% so all good. The case was directed to a small claims route to reduce costs with mediation to take place using a third party between myself and Lloyds seeing as Lloyds have constantly ignored my letters and calls which the judge recognised. The judge was very helpful. I await the directions so on it goes.
  15. I have got to attend a directions hearing tomorrow regarding this case I will let you know how it goes.
  16. I wrote to them and they sent me a hardship form with a debt counselling guide.
  17. I have been hit with £50 of charges in two days even though the account was in credit. I bank online and did an immediate transfer from my deposit account to my current account the same day this clears straight away. Alliance and Leicester policy is to check what funds are available at the start of the day and ignore what is coming in during the day. So even though the account balance is positive on my screen online I was still charged within a 4 hour window the same day while the system updated. The DD was £17.44 and I incurred a £25 charge as there was a balance at the start of business of £4 with £100 transferred and showing as available. Due to the unforseen charge they then charged me again the next day due to the fact they had helped themselves to the first charge when another item went through of £46 which I then had to pay more in to cover the unexpected fees. I guess they can now do what they want even when you keep an eye on things it's no wonder they are making such huge profits even in the wake of a worldwide recession.
  18. I have received an offer letter from Credit Security Ltd for lloyds reducing the debt by a reduction of 60% from the outstanding balance following a chase up letter about my agreement. This offer is for full and final settlement and must be paid in a week. Wish I had that kind of money right now lol. This happens to be a loan on which a signed agreement has not been produced to date despite a SAR and numerous letters. Not sure what to do with this one to be honest accept the reduced amount and negotiate a payment plan leading to final settlement or do nothing for now and see what happens. I feel a moral obligation to resolve things amicably because it is my debt but Lloyds have been less than helpful in helping with anything to date on three products I have with them plus bank charges. I'm sure that's not the first or last time you will hear that.
  19. The case has been moved to another local court to be heard by another Judge. I have not responded to any offers of settlement so far and still pursuing the case through the courts date is still to be set. I will be writing back to the solicitors to ask for further info I still haven't received to try and get a resolution to all of this. I will keep you all posted but fairly quiet for now.
  20. On a joint loan agreement dated 2005 if the loan was taken out by someone who is first named but then signs the agreement as the second person is the agreement enforceable? The signature box just asks for signatures of customers so is the order relevant or not as the first named on the agreement signed second. I ask this as we have not been able to claim on our insurance again and Lloyds Insurance have been looking into the complaint since July 09 writing every month until September then referring us to the FOS. Then this month a letter was received from Apex demanding payment in full.
  21. The policy charged was originally called cardholder protection plan in July 2002 and then it changed to payment protection cover in October 2004 where the premiums rose sharply compared to the old cover.
  22. The original rejected offer I received was not subject to this. I will post it up for comment as I want to use this as a learning experience as much as the rest of the forum regardless of the outcome.
  23. Thanks for the time taken to do this and your continued support. I have today received another letter from the solicitors now claiming they have computer evidence that the ppi was sold to me when I activated my new card with a date and time if that was the case why did I not receive any policy details and was denied cover on no less than two occasions without explanation. It seems almost to good to be true on there part they have come up with this now I am fighting it. Its really interesting and very time consuming for all concerned. I am informed in writing by them not to disclose a new offer they have made using CPR 36.13 "without prejudice" not be communicated or disclosed to the trial judge until the conclusion of the trial or liability. They have stated "please do not refer to this offer in any correspondence with the court." I am happy to post it up if all agree I await your comments on the matter.
  24. Hi Everyone sorry for the late response the wife has been ill with her epilepsy. I would appreciate any input or amendments to this before I send it. RESPONSE TO DEFENCE OF COUNTERCLAIM FILED ON BEHALF OF THE DEFENDANT 1. The defendant objects that the defence filed in response to the counterclaim is inaccurate on the grounds of written information received by the claimant’s solicitors in response to the defendant’s original defence. The amount of refund the defendant have suggested in that letter is inconsistent with the claimant’s figures, now the claimant has been provided with a complete set of statements and guidance from the Financial Ombudsman. 2. The fact is that the claimant charged the defendant for PPI even though the defendant did not request this on the original application. The claimant has offered to reduce the debt by £6042.99 which relates to the rebate of the insurance premiums. 3. The offer by the claimant was formally rejected in writing (copies of which are attached) with a request interest charged on such premiums that total £4543.92 to be repaid in accordance with the rate at the time. A schedule of charges is also attached. 4. The defendant now has reason to believe why previous attempts to claim under the PPI policy have failed which appears to be due to a processing error on the claimant’s behalf. The defendant was clearly charged for a product that was rendered useless and until this claim was brought and the relevant paperwork received from the claimant knew nothing of the causation. 5. The defendant has suffered a lot of hurt to feelings due to the lack of information and support from the claimant in respect of the original product and the management thereof. Statement of Truth The defendant believes the facts stated in response to the defence of the counterclaim are true. Signed:………………………………………………….
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