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About skippy176

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  1. Hi there everyone, Just a quick question about charging orders. I have tried to have a look on some other threads for the answer - but with no success ! I have received an interim charging order from Lloyds for what was my old overdraft. I had a CCJ on it about 2 years ago, but recently missed a few repayments on it. The charging order hearing is for 27th February however I intend to repay the arrears and be fully up-to-date on the CCJ repayments by then. I know of the case of Ellis where the the final charging order cannot be granted if the instalment plan is maintained. But wh
  2. Skippy -v- Lloyds TSB (Credit Card PPI) WON !! Just got a letter over the weekend from Lloyds TSB Insurance in south Wales basically capitulating on my claim for repayment of PPI on my credit card (2003 - 2006). Simple facts are :- on production of a copy of my Consumer Credit Act agreement which clearly showed that I ticked the box saying "Hey, I don't want any PPI" ... they replied .... "At Lloyds TSB we always strive to offer the highest level of service when dealing with our customers. However, during the course of our investigations into the concerns you raised, we ha
  3. Does anyone here know if there is a link to the actual video from the Whistleblower show (I think it was March 2007) that detailed the CYNthesys computer programme that calculated Yorkshire/Clydesdale bank costs for default fees ?? I can't seem to find a link that works. I know it was on YouTube at some point but the link has been taken down. Thanks Skip
  4. Hmmm. So if an overdraft is a credit agreement under the CCA and the new "unfair relationship" clauses cover any terms of the credit agreement, is there some glimmer of hope for sole traders to go to the FOS (or court) about the unfairness of bank charges ?? Wholly avoiding the pitfalls of penalties and UTCCR ?? Just musing. Any thoughts, Martin ??
  5. Martin, Just a quick question. You say that the FOS will not consider any claims for charges from businesses. But is there a way they can hear cases from some businesses (sole traders and small partnerships) by virtue of the "unfair relationship" clauses of the Consumer Credit Act 2006 ?? As far as I have read, I've seen nothing that stops them hearing such cases as they don't rely on UTCCR or penalties. Any ideas ??
  6. Good luck Martin. If I remember correctly, you are in court in a few days. Fingers crossed. I think there was a case where s15 of the Supply of Goods & Services Act was kicked out (was it Berwick -v- Lloyds TSB ??). Although the DJ made some interesting comments about the situation of bank charges being varied over time - that you arguably could say that these should have been reasonable. With regard to s140A of the Consumer Credit Act ("unfair relationships"), there was a case of Sadeer in the Bromley County Court (November 2008 ). The Defendant counter-claimed becaus
  7. Thanks for that, YB. I still can't get my head around it as I would have assumed that, as the OFT842 cites UTCCR, the banks would have just yielded to the £12 threshold with regard to personal credit cards. I still can't see why the banks would have also applied it to business credit cards ... after all, they have been screaming to the rooftops that UTCCR does not apply to businesses. So why voluntarily reduce the default charge on a business credit card ?? It means that if you have a business bank account and a business credit card with the same bank, a default fee is £12 on the cre
  8. I was wondering if anyone knows the answer to this (probably Martin !! ) Was there any difference in which the OFT investigated the fairness of credit card charges as against the fairness of personal current accounts charges ?? I've always wondered why the credit card companies agreed to charge £12 after 2006 and to make refunds on earlier charges yet the banks have fought tooth and nail against it all the way to the House of Lords in relation to personal current accounts. The reason I ask is that it's interesting that a default fee on a Lloyds TSB business credit card is set at £
  9. At the moment, I think the general advice is to think long and hard about making a business claim. There are hundreds of posts on here as to why this is so - just have a read of them to find out. With regard to sole trading accounts, I think the situation is even more confusing. Some believe that if you can show that your sole trading account was also for personal use, that there may be an argument that you can make a claim under personal consumer regulations. There has been talk of using the "unfair relationships" provisions of the latest Consumer Credit Act. The CCA applies to sole
  10. The chief executive's details are as follows :- Eric Daniels Group Chief Executive 25 Gresham St London, EC2V 7HN. Fax no : 0207 356 2477
  11. Hiya Please see below a copy of a reply from Lloyds that my business partner and I received. We sent a Letter Before Claim on 1st May (based upon the argument that Smith and the Appeal Judges said that not paying a Relevant Instruction = no service etc etc) It may give you an idea of where Lloyds are coming from in relation to business claims at the moment.
  12. Hi everyone, I was under the impression that the FSA waiver related to the OFT litigation and only applied to personal current accounts. (I know there was an argument that very small business/sole traders may come under that umbrella as well). However, I wrote to the FSA to confirm that the waiver did not apply to business accounts generally and this is the reply I got (see attached pdf letter). Any comments ?? Skip FSA letter 15May2009.pdf
  13. Hiya, Just wondering if anyone knew the short answer to this :- If claiming for variable monthly PPI charges (on a Lloyds credit card), is it just the straight 8% interest calculation or compound interest ?? Thanks Skip
  14. With the argument about penalties blown out of the water, is there any mileage in the argument about Unpaid Items about what Smith (as well as the Court of Appeal judges) said about the banks providing no service when they considered/processed a request for payment but declined it (I am assuming this relates only to bounced cheques and direct debits refused). Could they, arguably, only be entitled to the actual cost they incurred (as against the £30-£35 they often charged) ??
  15. Thanks for that, BF and Photoman. I shall keep you all informed of the how things prevail in the saga of "The Partnership -v- Lloyds TSB". They are apparently sending me through their various business terms and conditions from 2003-2009 soon. I shall scan them and put them up here in case anyone else needs to view them or may find them helpful. Skip
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