Some explanatory notes on the above tables. 1) I calculated interest seperately and on a daily basis for the loan amount and the PPI amount. To convert from APR to daily interest I used the following formula: Daily rate = ((1+APR)^(1/365))-1 2) Outstanding Balance - This is what I calculate the outstanding balance to have been for loan and PPI when the loan was paid off. Settlement figure include the early settle fee which is subtracted 3 lines below. The variance is the difference between my figures and banks figures. An exact match would be very hard to come by ie loan 3: loan balance of £3500.48 + PPI balance of £709 = Total £4209.5 loan 3: settlement figure of £ 4061.91 which is £4009.74 minus the ERC. If you add the rebate to this (which for loan 3 was paid into the loan to reduce the settlement amount) this equals £4215.18. £4218.18 - £4209.48 = £4.8 so theres a difference of £4.8 between my calcs and theres over a 39 month period. 3) Insurance to claim back is calculated as follows (again for loan 3) Total insurance premiums paid + difference between rebate and settlement figure for the PPI. ie loan 3: £1347.84 + (709-205.44) = £1851.40 4) The calcs for select loan are a bit more complicated as they continued to take payments for several months after the loan was actually paid off. They assured me at the time that they would balance the books correctly but, well, they didnt. As a matter of interest lloyds base their rebates (roughly) on the following table: Months into loan 0 percentage rebate 100 Months into loan 12 percentage rebate 65 Months into loan 18 percentage rebate 49 Months into loan 24 percentage rebate 34 Months into loan 36 percentage rebate 14 Months into loan 48 percentage rebate 4 Months into loan 60 percentage rebate 0 Hope this is clear lol Current total to claim = £2943.03 and still to add in grad loan 1 skb

Tables

Finally I have some of the missing data I requested in nvember last year, namely the rebate amounts from each loan. Lloyds are however unable to supply the loan agreement from the first loan as its from too long ago. Strange as I thought they had to keep stuff for six years and loan wasnt closed until April 2002. Still they have said in their latest letter that they will be supplying a transaction list for the loan shortly. Im gunna ive them a week then proceed anyway cos im sick of waiting. I have know been able to finalise the figures for grad loans 2 and 3 and select loan 1. Alos looking back over my employment history I was in temporary employment (six month contracts) up until July 2002 so grad loan 1,2 and 3 PPI policies were mis-sold on the basis that my employment circumstance immediately excluded me from cover. The Lloyds TSB Loan Protection Policy Document has this to say on exclusions to the Policy:

Hi Paul I've just read through your thread and have a couple of questions 1) How long ago were you defaulted? 2) How many missed payments were there? 3) How much were you defaulted for? 4) Did all the missed payments come after you moved over to orange? 5) When was the account cancelled and by whom - yourself or VF? 6) Dates when you moved address and how it ties in with missed payments/default notices/moving to orange etc To my knowledge for a default (small d) they dont have to issue a default notice as its not regulated by the CCA. The only way I know of to get it removed is to demonstrrate that the continued processing of the default is unwarranted - this is easier to do if the sums involved are small. The Data Protection Act states the following Demonstrating substantial distress is the easy bit, demonstrating that it is unwarranted is harder. After all you didnt pay your bill. This is where Dayglo in his thread fell down. Hence my questions above. Building a case around unwarranted processing may be the only way of getting the default removed IMHO. That and appealling to VF's better judgement of course lol. skb

Being of a generally lazy disposition I have done nothing on this for some time. Seems that every time I get around to filing the N1 its towards the end of the month and my wages have been spent. Am going to make every effort to get this done next pay day so should really send off a reminder LBA sometime soon, just to show how reasonable I am. skb:|

Hi Maxine, If memory serves me right there was no discrepancy between pre and post may 04. Reading through your thread there is definetely something fishy going on. I sincerely hope you can prove to court today that BC were deliberately forging statements. That would be sweet and would certainly serve them right for being such awkward bar stewards in the first place good luck skb

Is she going to pursue them for the remaining £200?? Took me 8 months with lloyds an have been doing the GF's since feb. Have seen isolated cases getting settlement in 6 weeks but they were small claims. skb

A bit late but Never, never never never NEVER buy a used car until you have performed a HPI check

Not that it helps but I had a serious falling out with paypal last year. Basically i sold some debenhams vouchers I had got as a 'bonus' from work over ebay for £40. The guy who won paid through paypal immediately and had a good ebay rating. I sent the vouchers recorded delivery, unfortunately I threw out the receipt once they had arrived and we had both left our ebay feedback (positive on both counts). A month later £40 disappears out of my bank account which I track back to paypal. Basically this guy had claimed it was an unauthorised transaction. Paypal would give me no more detials than that due to Data Protection. Basically I think this guy was claiming his card had been stolen or something. So I went back onto ebay to check this guy out - his account ws now inactive an he'd been buying shed loads of vouchers from all an sundry. Lots of his feedback was now coming up as non payer etc. I emailed a couple of the people he'd bought vouchers from and the same thing that had happened to me had happened to them. Now for the really annoying part. Some of the vouchers he'd bought were after the date he'd clawed back the cash from mine. Clearly if his card had been stolen he would have reported it and put a stop on the card. I commucated this to paypal and surprise surprise they just didnt want to know, apparently I wasnt a verified customer and neither was he there was nothing they could/would do. I tried to complain to ebay but this is just about impossible unless your a power seller. The moral of the story is if your going to use paypal make sure your verified to max and that buyer is also verified. If not you wont have a leg to stand on when things go pear shaped skb

Not sure about your specific question but so long as he is present you can tag along as a lay representative, in that way you can speak for him. See page 9 of HMcourts leaflet ex307 http://www.hmcourts-service.gov.uk/courtfinder/forms/ex307_0706.pdf skb

Post 16 - Reply to defence edited to reflect changes and updates. Namely paragraph 10.4 - contractual terms and Final section - the defence in general - move to strike out the defence Allocation Questionnaire and RtoD to be printed out today ready for sending in the morning to courts and cobbets (dealine in thursday I believe) skb

............I shall post the above T&C's just as soon as I can get my works scanner working skb

Parachute Account to the rescue. Way back in last year when I was fighting against the mighty Lloyds I opened a parachute account. This account was with RBS and was a basic Cashcard account (the only one they would give me). I have now dug out the Terms and Conditions that came with said account. These T&C’s contain the terms for all account types and date from May 2006. I have taken the liberty of typing out the relevant sections here and comparing them to the current T&C’s available from RBS here (pdf version here) The Terms from May 2006 are all in red and the current terms are in blue. Terms and Conditions for all Current Accounts. C.4. Normally, you should only issue instructions to us to withdraw funds from the account when there are sufficient funds available to cover the withdrawal, or, where an overdraft limit has been agreed, the withdrawal will not cause that limit to be exceeded. However, if at any time such instructions would result, without prior agreement, in the account being overdrawn or the agreed overdraft limit being exceeded, we may exercise our sole discretion and without contacting you, allow an overdraft to be created or allow the borrowing limit to be exceeded. In these circumstances, the new excess overdraft is an unarranged overdraft. C.4 If at any time you issue instructions to us to withdraw funds from the account where: · there are insufficient funds available to cover the withdrawal; or · the requested withdrawal would cause an agreed overdraft limit to be exceeded; we will treat your instructions as a request for an unarranged overdraft. We may exercise our sole discretion and, without contacting you, allow an overdraft to be created or allow the borrowing limit to be exceeded. In these circumstances, the new or excess overdraft is an unarranged overdraft. Terms and Conditions for Specific Current Accounts. (Interest Paying Current Account, R21 Account, Royalties, Royalties Gold, Royalties Premier and Key Account). D.1.2. The overdraft limit should not be exceeded and we may refuse to pay a cheque (or allow any other payment or withdrawal) which could have that effect. If we do pay a cheque (or allow any other payment or withdrawal) which results in the overdraft limit being exceeded, it will not mean that the overdraft limit has changed, or that we will pay any other cheque (or allow any other payment or withdrawal) which would have the same effect. D.1.2 We may refuse to pay a cheque (or allow any other payment or withdrawal) which could have the effect of exceeding the overdraft limit. If we pay a cheque (or allow any other payment or withdrawal) which results in the overdraft limit being exceeded, it will not mean that the overdraft limit has changed, or that we will pay any other cheque (or allow any other payment or withdrawal) which would have the same effect. D.1.3. You agree that if you or any other appropriately authorised signatory on the account: a) request an overdraft limit or an increased overdraft limit and we agree to the request, or, b) carry out a payment instruction in any form (eg issue a cheque or make a card transaction on the account) which, either through exercise of our discretion to pay the item on presentation for payment or through payment being guaranteed to a third party, results in the account becoming overdrawn when no agreed limit is in place or which results in the overdraft limit being exceeded; In either case, this will be treated as a variation to the contract (ie not revoking and replacing any earlier agreement) under which overdraft facilities are provided by us, either with our prior agreement or which arise through exercise of our sole discretion to pay items presented for payment or through payment being guaranteed to third parties. D.1.3 You agree that if you or any appropriately authorised signatory on the account: · formally requests an overdraft limit or an increased overdraft limit and we agree to that request; or · informally requests an overdraft by issuing a payment instruction in any form (eg issuing a cheque or making a card transaction on the account) which, either through exercise of our discretion to pay the item on presentation for payment or through payment being guaranteed to a third party, results in the account becoming overdrawn when no agreed overdraft limit is in place or which results in the overdraft limit being exceeded then in either case, this will be treated as a variation to the contract (ie not revoking and replacing any earlier agreement) under which overdraft facilities are provided by us. If the facilities are provided with our prior agreement, they will be an arranged overdraft. If they arise through exercise of our discretion to pay items presented for payment or through payment being guaranteed to third parties, they will be an unarranged overdraft. Highline/Cashline Card – Conditions of use. G.3. You (and any additional card holder) must not use the card if to do so would overdraw the account without our prior agreement, or would increase any borrowing on the account to more than we have agreed. This now becomes Section H in the new Terms and Conditions H.3 If by using the card you (or any additional cardholder) instruct us to make a debit to the account where there are insufficient funds available to cover the debit or the requested debit would cause an agreed overdraft limit to be exceeded, we will treat your instructions as an informal request for an unarranged overdraft. If an unarranged overdraft arises in such a case (whether through exercise of our discretion to make the payment or through payment being guaranteed to third parties) condition D1.3 above will apply It is quite clear where the breaches of contract arise under the old Terms C.4. …..you should only issue instructions to us to withdraw funds from the account when there are sufficient funds available to cover the withdrawal, or, where an overdraft limit has been agreed, the withdrawal will not cause that limit to be exceeded D.1.2. The overdraft limit should not be exceeded………….. G.3. You (and any additional card holder) must not use the card if to do so would overdraw the account without our prior agreement, or would increase any borrowing on the account to more than we have agreed. skb

Cheers Atlantic, have now 'browsed' Mcuths thread and found a couple of gems: http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/46500-royalties-ts-cs.html have also came across his reply to defence, which while similar to what I already have has some parts I intend on plagarising.

The allocation questionnaire has now been received and is due in on the 8th June. Have drafted the following Reply to the Defence from various sources around the site (Namely Justwon thread) Any commnets or further guidance on the content would be appreciated. Have still to formulate a reply to defence paragraph 5.2 as of yet I do not have an old copy the T&C's skb

bump

Has there been any progress with this as need a copy of old T&C's by monday skb

Cobblers acknowledged the claim and filed a defense on 15th May. After painstakingly typing it out the received defense is as follows: Now could really need an old copy of the T&C's, am gunna get the GF to dig through her boxes an boxes of old papers an see if she has some. Failing that if anyone has some a copy would be much appreciated. My thoughts, much as they are, on their defense to follow. If anyone would like to throw in their twopence worth then please feel free skb

Particulars of claim filed in early April skb

:oVICTORY IS MINE.............kind of:o Finally being skint all the time has had its payback. Had delayed sending off my SAR until pay day (friday) when today I received a letter from Vodafone saying they have removed the default but left late payment marker of 3 indicating final payment 3 months late. Received this letter through the post from them today: skb

Time line: My next step is to submit a SAR and make sure all my facts are correct and also obtain any other info they might have i.e. transcripts of phone conversations etc. My main argument is going to be that the amount owed was in dispute as such I would pay until this had been verified by my examination of the final bill. I then paid up within 2 weeks of obtaining this final bill. It follows that any default is therefore unwarranted as they defaulted BEFORE I had received the bill. skb

Well Vodafones eagerly awaited response has arrived. The gist of it is as follows: They have also kindly enclosed the ICO's missive from Nov 2006 on credit agreements and data processing. The crunch of the matter appears to be demonstrating that the processing is unwarranted which is what I intend to do (amongst other things). More details to follow skb

Its update time: I received a letter from NatWest on 2nd May stating that they were unable to progress my subject access request for the following reasons: 1) Need to include a fee of £5.00 which will cover all accounts requested (I had enclosed a cheque for £10 which they have returned). 2) They require the sort codes and account numbers of all accounts requested. It is apparently not possible to trace accounts from name alone (I had included the sort code and account number of my account but not my credit cards as I don't know them). I haven't been able to reply to this yet as im off work and don't have a printer at home but will be firing off a response next week. As they need account numbers for the CC's i'll leave these for now and just get bank account statements - I paid my CC's from my bank account so the numbers should be on the statements. skb

Oh yes fire off that LBA ASAP then hit them where it hurts with a MCOL in 14 days time. Sock it to em Sheppie skb

For some reason I really liked this post, maybe cos im drunk. There is a lot of info to digest but is worth it in the end. Suffice to say I myself was in the same boat some time ago wondering how we could take the banks on and win. The answer is of course quite simple - the banks are in the wrong and we are in the right. Follow the guidelines on this site and you cannot fail. The law is very clear on the subject, take a look at the successes forum if you don't believe me. Lloyds alas seem to derive a great deal of pleasure in dragging things out to the last minute, but think of it along these lines - the longer they drag it out the more that 8% interest clocks up. Damn fools. Remember to just keep the faith and pull up a comfy chair, it will take a while but u'll win in the end skb