lloyds tsb ppi and disability

[padaxes]

We have a £5,000 pound loan with lloyds tsb which is just about to finish (5 years). My wife is disabled and i am her carer. When we got the loan it was on condition we took out the ppi. As i tried to say at the time, surely the fact that none of us is able to work disqualifies us from a claim on this policy. My questions are, is this worth persuing and is there a time limit for doing so? My wifes mental state makes it difficult for her to understand how much we may have been overcharged and i worry about the banks reaction to a complaint. Like a lot of people, we live pretty much day to day and the thought of overpaying a large sum without any protection at all leaves a bitter taste. Hope someone can help.

[Bookworm]

If you were forced into the PPI when they fully knew that no protection whatsoever would apply and that you'd never be able to claim, then go after them with all your might. I thought the banks couldn't sink any lower, seems I was wrong.

 

As for the bank's reaction, well, if you're worried about possible retaliation, open a new bank account and maybe wait until the loan is paid off altogether. The Statute of Limitations gives you 6 yrs to seek relief, so you're not running out of time, it might be worth holding off if it means them not having that over your head.

[padaxes]

I suppose i should try to get a new bank account first, not the easiest thing when you have no real savings and have to pay most things through direct debit. Banks really dont make it easy for the disabled or unemployed. I take it that tsb will close my account when i complain. My wifes condition makes it very difficult for her to accept change, Hence the worry over the banks reaction. Especially the things i have been reading about being bombarded with phone calls. I'm trying to find the original agreement so at least i have a starting point. Sorry if this sounds a bit jumbled, finding it quite difficult to balance out the need of the money against the potential harm to my wifes health.

[ukaviator]

Hi Padaxes

 

A few here have opened accounts with the Natwest. It is a really basic account, but can be upgraded after a short time with them.

 

It's called the 'step account', and you can open it online.

[hellhasnofury]

We have a £5,000 pound loan with lloyds tsb which is just about to finish (5 years). My wife is disabled and i am her carer. When we got the loan it was on condition we took out the ppi. As i tried to say at the time, surely the fact that none of us is able to work disqualifies us from a claim on this policy. My questions are, is this worth persuing and is there a time limit for doing so? My wifes mental state makes it difficult for her to understand how much we may have been overcharged and i worry about the banks reaction to a complaint. Like a lot of people, we live pretty much day to day and the thought of overpaying a large sum without any protection at all leaves a bitter taste. Hope someone can help.

 

Hello Padaxes

 

Welcome to the ppi forum,

 

I am so sorry to hear of your misfortune and we will help and guide you all that we can:D

 

Your case is a blatant case of mis-selling, and their downfall in all of this is that they have shown that they we not interested if the policy was sold fit for purpose they just wanted the profit.

 

As Bookworm and Uk have suggest open up a paracute account in the event that they close your account. I personally don't think they will:)

 

You need to send them a full S.A.R - (Subject Access Request) to get all of the information that you need regarding the loan. It costs £10, send a postal order with it, send it recorded delivery, so you know that they got it. You can check on the royal mail website that it has been delivered. There is a 40day statutory time limit for complaince.

Full S.A.R - (Subject Access Request) for ppi Amend it to your own details

Do you have the loan agreements with the figures, can you post the figures up for us to have a look at please.

[Bookworm]

No guarantees, obviously, but HSBC are not known for retaliatory account closures, actually, so you might still be all right, but you should still open the parachute account, just in case.

 

Phone call harassment is unlikely to occur unless you fall behind with payments, so set your mind at rest, despite some of their behaviours which might make you wonder at times, they're actually not mafiosi who call with death threats in the middle of the night.

 

They probably will try to put you off reclaiming with key sentences like: "you knew you were agreeing to this" and "it is your responsability to check the terms" etc... but that's standard fare, and don't let that discourage you. If you can't find the agreement, then like HHNF says, get a SAR off to them, that will give you all the information you need. ;-)

[padaxes]

Still cant find original agreement. As this months payment will be the last one ,i have decided to wait until the beginning of next month to get started. Will post details of agreement if i ever find the thing. I'd like to thank you all for your support and encouragement I realise that this probably isn't as big a deal as i'm making it out to be, but as stated before, my wifes mental illness can be directly affected by even the smallest upset. Hence the worry over nuisance phone calls etc. For myself ,just once, it would be nice to be on the winning side!

[Bookworm]

Wouldn't it just...

 

Once you're paid up, there is no reason at all for them to phone you, so don't fret about that. I think you're right to wait, it's not long to go and it will give you that little bit of mental peace you need.

 

Once you're ready to kick off, let us know and we'll help the best we can. In the meantime, all the best.

[padaxes]

Ok have finally received documents but am having a hard time using the calculator details are as follows.

amount of credit £5000 @ £116.37 per month

ppi (cash price) £1174.85 @ £ 27.35 per month

total amount £6174.85

:-?

fixed interest rate on total loan of 1.17% per month

 

annual percentage rate 14.9%

 

loan ran for 60 months from 03/06/03 to 03/06/2008

 

Can anyone help me with calculations please? and what is my next move? Is there a template for the next step?

[dpick]

Hi I know this is not fully relevant to your claim but you might give you hope my wife and I are both disabled and had not realised that PPI had been put on a credit card we held. We made a claim for refund of PPI and interest applied to PPI. We got the normal you applied, we gave you T&C etc. we went as far as issuing court proceedings with help from our DMP and got full refund £2000 so keep going they will have to pay in the end.

 

dpick

[hellhasnofury]

Ok have finally received documents but am having a hard time using the calculator details are as follows.

amount of credit £5000 @ £116.37 per month

ppi (cash price) £1174.85 @ £ 27.35 per month

total amount £6174.85

:-?

fixed interest rate on total loan of 1.17% per month

 

annual percentage rate 14.9%

 

loan ran for 60 months from 03/06/03 to 03/06/2008

 

Can anyone help me with calculations please? and what is my next move? Is there a template for the next step?

 

Hello Padaxes,

 

I have looked at your figures and have worked out £27.35 x 60 which bring the total charge for ppi and the interest they applied to £1,631.00, so this is what you are after, plus interest at 14% (1.17% x 12months = 14.04%

 

I will work out the interest and come back.

[hellhasnofury]

Hello Again:grin:

 

Ok The ppi was a single upfront loaded policy so you claim your interest from the date the loan was taken out 03/06/2003

 

I have calculated £1.631 from the 03/06/2003 at 14% £1,235.54

 

There the amount you wish to returned to yourself is £2,866.54

 

I would start off asking for this one, interest to be paid at their contractual rate:-D This is what they charged you, so if its good for them then rightfully good enough for you.

 

They may not agree

 

If it proceeds to the financial ombudsman service or a court, we would be granted the 8% statutory interest, without question.

 

This works out at £1,631.00 at 8% from 03/06/2003 to be £706.02, so the minimum you will received is £2,357.02.

 

If you look in the info for ppi sticky you will find template letters, there are others kicking about the site.

 

Have a bash at one and you can post it up for comments, if you feel that you do not wish to post in on your thread, you can use the private message and we can look at it for you.

 

If your have any questions, just shout:grin:

[padaxes]

Many thanks for all of your help with this. This has been ,because of other issues, a long, drawn out and painful process. Without the encouragement of your fine selves I doubt, very much , whether I would have gone through with this. I can only hope the rest of the process runs smoothly. You all have my deepest gratitude, now on to the next step.:grin:

By the way please be careful of the people advertising to reclaim for you, my wife was caught by them and we stood to lose 40%+ of any claim because she didn't read the small print. They were far from polite when i cancelled on them.

[hellhasnofury]

Many thanks for all of your help with this. This has been ,because of other issues, a long, drawn out and painful process. Without the encouragement of your fine selves I doubt, very much , whether I would have gone through with this. I can only hope the rest of the process runs smoothly. You all have my deepest gratitude, now on to the next step.:grin:

By the way please be careful of the people advertising to reclaim for you, my wife was caught by them and we stood to lose 40%+ of any claim because she didn't read the small print. They were far from polite when i cancelled on them.

 

Hello Padaxes,

 

We are all here to help as much as we can. and yes you will go through with this, you are only reclaiming back what is rightfully yours:D

 

Get working on your prelim letter, as I said there are a few kicking about, you need to tell them the reasons you have for believing the ppi was mis-sold.

 

As regards these vulture companies who prey on vunerable people, they are worse that the ppi mis-seller, quick buck for a couple of letters that you can do yourself and keep all.

 

Plus you have complete feeling of satisfaction and victory when you right the wrong that has been done to you.

 

Onwards and upwards:D

 

Don't forget to ask if you are unsure, it won't cost anything:grin:

[padaxes]

Got a standard looking letter today saying they are 'looking into it' and will notify me of their findings in 5 days. I can guess what that will be!

[padaxes]

Another letter today and they are still 'looking into it'.Maybe they didnt look hard enough the first time!

[hellhasnofury]

Another letter today and they are still 'looking into it'.Maybe they didnt look hard enough the first time!

 

Hello Padaxes,

 

Hope you are well:D

 

The letter are just a standard "lets take a while with this one, to frustrate matters" and is standard practice.

 

I would just write back now with your Letter before action ,stating you are not satisfied with their response to date. Keep at them and show them you are not going away and stick to your timescale not theirs;)

 

Be confident:-D

[padaxes]

Got a no letter yesterday with ombudsman leaflet. Letter said i have to prove i was unemployed at the time. DHSS being very unhelpful, "our records for that far back are archived and unavailable"??? Any suggestions on how i can get proof needed?

Of course at the time they took photocopies of benefit books, i wonder what income the approval of the loan was based on if they didnt know i was unemployed yet had no other income? Of course they are sure the correct procedure was followed!!

[hellhasnofury]

Got a no letter yesterday with ombudsman leaflet. Letter said i have to prove i was unemployed at the time. DHSS being very unhelpful, "our records for that far back are archived and unavailable"??? Any suggestions on how i can get proof needed?

Of course at the time they took photocopies of benefit books, i wonder what income the approval of the loan was based on if they didnt know i was unemployed yet had no other income? Of course they are sure the correct procedure was followed!!

 

Hello Padaxes,

 

Hope you are well, Was this a letter that the DHSS sent you regarding their total unhelpfulness. I would write to them and ask again for any information that they hold on you as a data subject. either under a subject access requirement or freedom of information.

 

When Lloydds sent you your SAR did they enclose copies that they held of your benefit book?????????? Have you asked them for evidence of what income and your ability to repay the loan was based on???????? Do you have evidence in your bank statements of dhss payments and no other income.

 

Where they your bank for your bank accounts???????

 

There is still a lot that you can do, ask your gp for a letter, ask the rubbish dhss for a letter of confirmation that during ? to ? you where receiving benefits.

 

Keep at them

[padaxes]

Actually seem to be moving forward. DHSS have said they will send info,but it will take 'some time'. Make of that what you will!

After going through the S.A.R. stuff page by page I have found a reference to me being my wife's carer and by going through statements I have found payments from D.H.S.S. actually going into my account at around the same time. Strangely enough the photocopies of the benefit books were not included in the S.A.R. documents. Hopefully this is all the evidence I need. I am going to post copies of the relevant info back to them and see if they will finally cough. If not ,then I guess it's off to court. Not my ideal choice but it seems they want to drag it out as long as they can. Any advice, as always, would be greatly appreciated. I cannot thank you enough for the help you have already given, fingers crossed.

[hellhasnofury]

Actually seem to be moving forward. DHSS have said they will send info,but it will take 'some time'. Make of that what you will!

After going through the S.A.R. stuff page by page I have found a reference to me being my wife's carer and by going through statements I have found payments from D.H.S.S. actually going into my account at around the same time. Strangely enough the photocopies of the benefit books were not included in the S.A.R. documents. Hopefully this is all the evidence I need. I am going to post copies of the relevant info back to them and see if they will finally cough. If not ,then I guess it's off to court. Not my ideal choice but it seems they want to drag it out as long as they can. Any advice, as always, would be greatly appreciated. I cannot thank you enough for the help you have already given, fingers crossed.

 

Hiya Padaxes,

 

Good to see you are doing more homework:-D It is amazing what relevant information you can re discover going over your Subject Access Request again and again.

 

Its interesting that the photocopies of your benefit book was not included in your sar. I would be pointing that out to them:rolleyes:

 

As soon as you get all this info, write back to them pointing out the errors of their ways, enclosing photocopies of your evidence.

 

This is a real case of mis-selling and irresponsible lending for their unjust enrichment, they should be thoroughly ashamed of themselves:evil:

 

Be confident, even if you do have to issue court proceeding against them to get back your ppi, ppi interest and then interest on top at their contractual rate. They will have to pay for the court costs and then pay you the costs you will be claiming of £9.25 an hour, for the 100 hours, you have spent researching and preparing your case. This will also include, cost of postage, printings, paper, ink, journey to the post office:mad:

 

So as you can see, it is not to their advantage to be messing you about

[padaxes]

Ok have sent off relevant docs. Now i'm going to prepare for them dismissing it again. Can someone point me to the relevant templates i need for the next stage please. The docs i have sent show benefit claims from 1995 to present day, The payment of benefits into my account 4 months after the date of the loan ( which is when they stopped issuing benefit books). The banks own records stating i am a carer for my wife and the banks own docs which show NO record of any employment for me. Which should, i hope, make it hard for them to have justified a £5000 loan to someone with no obvious means of income. If they had any documentation showing this it wasnt included in the s.a.r.

 

Best wishes to all

[hellhasnofury]

Ok have sent off relevant docs. Now i'm going to prepare for them dismissing it again. Can someone point me to the relevant templates i need for the next stage please. The docs i have sent show benefit claims from 1995 to present day, The payment of benefits into my account 4 months after the date of the loan ( which is when they stopped issuing benefit books). The banks own records stating i am a carer for my wife and the banks own docs which show NO record of any employment for me. Which should, i hope, make it hard for them to have justified a £5000 loan to someone with no obvious means of income. If they had any documentation showing this it wasnt included in the s.a.r.

 

Best wishes to all

 

Hello Padaxes,

 

What did they not send in ther sars????????? Do you have a copy of your credit agreement, which states your employment??????????

 

Can you fill me in with what stage you are at????? You have sent them your preliminary letter and they have dismissed your request for repayment. You have now sent them the docs regarding your benefits, so you now send them your letter before action. stating again your reasons for mis-selling and if they don't conduct a proper investigation, you will issue proceedings against them.

 

As you have stated, I would also be mentioning their irresponsible lending to somebody, with no employment status, applying ppi and ppi interest to boot.

 

Talk about not treating their customers fairly for their unjust enrichment:evil:

 

If you need help with letter etc, just shout:D

[pullingmyhairout]

I am so glad I found this forum..I desperately need advice.

I took a loan out with lloyds and was sold a PPI at the time I was on lower rate disability and working part time. I was told I had to have a PPI but would be covered as my disability didnt stop me from working. A year later my disability caused my mobility to cease so i stopped work, applied for it on a higher rate, got that and then applied for my bank insurance on my loan...I was told i didnt qualify as I had a pre existing condition!! This was in 2003. I was given a reduced rate payment but have found it really difficult to pay back what I owe and this has gone to a collections department. I complianed to lloyds insurers who wrote me a letter stating that i was informed about the conditions of the insurance..believe me i would never have taken a loan if i thought i couldnt pay it back. They also tell me they want me to send them a copy of the consumer credit agreement I signed with them as they dont have one as there is a 5 year lapse. The ombudsman tell me they should keep one for 6 years but even when i asked them for it 2 years ago they told me they didnt have one. Where do I go from here?

[padaxes]

Hi all. I really need some help now. After my last post my wife had a complete breakdown . Three weeks later i ended up in hospital with pneumonia and just to add insult to injury lloyds deny ever receiving the documents i sent. As i am only just back among the living i now have to make up for lost time. To recap, my first claim was refused with a standard letter. Going through my SAR i discovered that the bank has no employment details for me, the only financial figures they have are, income ( not listed as benefits obviously ) and outgoings. There is also a sheet stating that i am a carer for my wife. From my statements there is proof of benefits being paid in weekly about 4 months after the loan began, i believe this is when bank accounts began to be used instead of books for benefit payment. I have a statement from DHSS proving i was being paid benefits between 1995 to present day. Now can anyone help me with the wording of my next letter and is there a timescale for all of this?

I hope this is enough info and, as usual ,if this is illegible you have my apologies. I will answer any queries as quickly as i can. Many thanks for all your help and support