M1PLG v Lloyds cc

[cymruambyth]

Hi Tonks, sorry to hear about how everything has gone. SCM seem to know all the DJs......

 

As part of your defence, you could try Mercantile Credit v Ellis, because although the IO hasn't been agreed, you have applied correctly and it must be down to the court's failing (though i would phrase that carefully!! that it hasn't been resolved and you have been maintaining payments. Could SCM have failed to reply to remove this line of defence?

I applied for my IO days before the IOC was applied for. The fact that the IO was agreed 3 days before the ICO meant that my wonderful DJ refused to grant the full CO.

Good luck, this was my defence

CO defence master.pdf

[Tonka99]

Hi cym , Andy & Slick

 

Well what a waste of time and money

CO granted,

DJ same as before, d

idnt see why I should take 8 years to pay off a debt to Lloyds ,

 

regarding the N245 he said that I should apply to the courts for my money back as it didnt get heard and he as a DJ is seperate from the court and has no hand in the matter ,

 

I did question why HE had agreed to a ICO on the 15th Nov when I had applied for a Vareration Order N245 on the 18th Oct

he replied well thats because Lloyds didnt respond !!!!!!!!

 

have got a Forthwith Order with a restriction that Lloyds cannot go for the sale unless I dont pay the £100.00 a month.

 

Now I must wait for the FOS to determine the mis sold PPI issue.

 

Thanks for your continued support guys

 

A very unhappy Tonks

 

Oh and the Rep from Lloyds was the same as last time

he was given no defence from **** so when we went in the DJ said do you have Mrs Tonks defence to which he replied no Your Honour so we then had to go out again for him to look at it ,

what a shambles

[Tonka99]

Hello

 

Well after waiting for almost two years the FOS has confirmed that the PPI was in fact mis sold .

 

I have received a letter from Lloyds with a final response to pay me £xxxx , I have 28 days in which to act .

 

I am looking for help with where to take this now , I have a CCJ & CO which I beleive would not have happened

if the DJ had looked into my Counterclaim , and not dismissed it .

 

Lloyds knew before we went to court that I had already advised them that I had been mis sold the PPI and it was also

in my defence .

 

I am ready to go for the kill if anyone can help

 

Thanks for looking

 

Tonks

[slick132]

Hey Tonks ! How are you doing.

 

I'm not sure that the FOS decision would have a bearing on the issues decided in court as the court is recognised as having a "higher" authority than the FOS..

 

I'll draw this to the Site Team's attention to see what views may come, as well as those from other followers in this forum.

 

[Tonka99]

Hi Slick

 

Im good thanks ,

 

The Court didnt look at my counter claim , and when the FOS guy first got in touch with me he said that Lloyds

had put in an objection to them looking at the case , however Lloyds have now agreed that it was Mis sold .

 

I look forward to hearing what can be done !

 

Tonks:-)

[slick132]

Hi Tonks,

 

Can you confirm roughly how the amount of the CCJ debt compares with the refund that the bank ishould make in respect of PPI.

 

Has anything been said about the PPI refund being set against the debt.

 

[Tonka99]

Slick

 

Total claim with costs @ November 2011 around £10000

Paid to date £2000 by monthly instalments

 

PPI claim they want to repay about £2500

 

I am unsure as to the amount for the PPI as I dont really know how calculate the interest !!

 

In their letter they say " As our final response ,we are offering you a payment of around £2500 to bring your complaint

to a conclusion .

This represents a refund of all the PPI premiums paid (inclusive of interest ), plus simple interest at 8% for any period

where your account was in credit, or from the date of the card being closed to the date of payment ."

 

There is a bit about if any of my accounts are in debt recovery and I would like to use the refund to pay towards the

debt to let them know

 

 

 

Thanks

Tonks:-)

[Tonka99]

Good evening

 

After receiving Lloyds response which has been with the FOS for nearly two years , Lloyds

want to pay me £xxxx for mis sold PPI , my problem is I dont know how to calculate the Interest

because my spread sheet which went into my counter claim goes from April 2004 to August 2008

Which was submitted to court in May 20011.

 

Am I right in thinking that Interest should be paid up to date or am I wrong !

 

 

This has been to court and was dismissed by the DJ , FOS have looked and agree that it was mis sold

I would like to get the CCJ & CO looked at and if possible removed .

 

Unfortunatly my old computor is dead and I now have Windows 8 which I dont have much of a clue how to use !!

 

Any thoughts as I only have a few days before Lloyds send me the cheque

 

Thanks for looking

 

Tonks

[dx100uk]

the pdf is post 11

 

just put the ppi into this:

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Or for a PENALTY charges Reclaim. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

if the account is still open [their int is still being charged]

 

put the claim to date as today.

 

if the int stopped at some point - put that date in.

 

then take the TOTAL from that sheet

and put that into this sheet:

 

This first spreadsheet is the latest version of the statutory interest calculator and is used for Single Premium PPI cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans. It can also be used for S69 redress calculation on any sum, like on a closed/frozen interest PENALTY charges claim.

 

StatIntSheet v101.xls

 

claim from date is the date that spread stopped

 

claim to date is today.

 

dx

[Tonka99]

Thanks dx

 

This is for a credit card I have all the statements the pdf in post 11 is only some of it , i must be dumb here

as i cant work out which spreadsheet to use have downloaded both .

 

LLoyds have said in their letter as your account was passed to recoverises in August 08 we have calculated your refund

as at this date .

 

I put in a counter claim in May 2011 who is right here them or me ? they have had my money right up untill today so should

be paid up to today !!

 

Sorry im just not sure what im doing need some help

 

 

Thanks for your time

 

Tonks

[dx100uk]

you need both

 

follow my post

 

dx

[slick132]

Hi Tonks,

 

I would ask them to confirm how they have arrived at the proposed PPI refund, so you can verify the amounts for yourself.

 

Otherwise, how on earth can you know if their offer is correct and fair.

 

I'm still trying to get further opinion about the chances of having the CCJ and/or Charging Order set aside.

 

[Tonka99]

Hi Slick

 

Thanks for that , I have today received A cheque from Lloyds which is what I thought they would do

get in quick before I caused any trouble .

 

I am having great difficulties over in the PPI thread dx has kindly advised but Im none the wiser , maybe

ims could help .

 

Regarding the CCJ & CO they wouldnt have happened if Lloyds listened before we went to court , the Default Notice

and the amount claimed would have been differant , lets hope somthing can be done I have waited a long time for this

and am out for blood !!

 

I think the PPI is a lot more than what they claim it to be hopefully ims can help.

 

Thanks for your time

 

Tonks

[slick132]

Hi Tonks,

 

General opinion is that there's little to be gained by trying to revisit the matter of the CCJ.

 

If the PPI refund was big enough to wipe out the a/c debt, it may have been different. But because the PPI on offer will only reduce the debt and still leave a significant amount owing, you're unlikely to succeed in having the matter reviewed.

 

With regard to the amount of the claim, I know you suggest the refund should have been greater but was that using compound interest.

 

I suggest you bank the cheque and write to the bank asking for their calculations of how the redress amount is arrived at. Tell them you accept the payment provisionally until you are able to satisfy yourself that their calc'ns are correct and that you reserve the right to seek any further amounts due if the calc'ns are disputed.

 

[Tonka99]

Slick

 

I am still unsure as to how to find out the true amount of the claim when I first sent it to Lloyds it was for

over Five Grand BUT that was in 2011, Im not sure what im doing with the PPI as you have can see!!

 

I dont know if I can claim from 2004 up until now , Lloyds seem to think I can only claim up until 2008 which

is what they have awarded me ..

 

Tonks

[slick132]

Hi Tonks,

 

You should be able to claim for all years of PPI is it's accepted as being mis-sold.

 

What period are they offering to repay the PPI.

 

If you're not sure, all the more reason to get the calculations from them.

 

Further to my post #48 above, Andyorch has said you have no chance of having the CCJ set aside and a separate action would have to be instigated.

 

Not an option, to my mind.

 

Get the PPI calculations so you can check them.

 

Edited June 22, 2013 by slick132

[Tonka99]

Hello Slick ,

 

I have just entered all the PPI paid from 2004 - 2008 into FosCI sheet v 101 am not sure what % Apr to enter

The amount paid with no Interest is £1613.42

 

Am on I on the right sheet ?

 

I will not now be going for the setaside if Andy says it no good then thats good enough for me !

 

Lloyds in their letter say " this represents a refund of all PPI premiums paid inclusive of Interest plus

simple Intrest @8% for any period where your account was in credit, or from the date of the card being

closed to the date of payment "

 

As your account was passed to recoveries on 07/August 2008 we have calculated your refund to this date.

 

Thats what they say , Im really stressed about this and dont need it so would like to get it sorted , I shall write to them

but I dont think will get much joy with their calculations .

 

Thanks for your time

 

Tonks:-)

[slick132]

Hi Tonks,

 

I've asked Ims to drop in and comment ..............

 

[ims21]

Dropping in as requested.

 

The redress on a credit card should be calculated so as to give you the following...

 

 

1 - A refund of all premiums charged to the card.

 

2 - A refund of all contractual interest associated with those premiums.

 

3 - The account should be reconstructed with the above removed and if that reconstruction shows that for any month the account would have been in credit then 8% simple interest is awarded on that credit balance for that month.

 

Now, in your case it appears that the account was passed to recoveries in 2008 and that is the point when contractual interest would have stopped. So you need to make sure that your claim date in the FosCISheet is set to the date that the account was passed to recoveries.

 

The sheet you are using will not, however, work out the 8% interest. In order to get the reconstruction and the 8% interest worked out you would need all of the statements.

 

When you change the "claim to" date in the sheet you are using, how close is the result to the offer you have been made?

[Tonka99]

Hi ims

 

Thanks for looking in ,

I have all the statements , have changed the date to August 08, what APR do I use please

 

Tonks:-)

[ims21]

The APR to use is the one being charged on the account.

 

If it changed over time then use an average of the rates being charged.

[Tonka99]

Hi ims

 

Have put in an average of 24.9% which brings the total amount within a few pounds of the refund which

has been awarded .

 

As the fos sheet does not do the simple 8% interest how do I work that out please .

 

Tonks

[ims21]

Without all of the statements you won't be able to work the 8% out because it involves reconstructing the account to see if and when the account would have gone into credit having removed the PPI.

 

If you haven't got all of the statements then the approach that slick has n=mentioned would be a way forward in that you should demand a full analysis of their offer, premium by premium.

 

When pressed they should supply a print out of the account so that you can see when the account when into credit. From that you can take a view as to whether the 8% is correct.

[Tonka99]

Thanks ims

 

I shall write and ask as Slick suggested , I do have all the statements but dont think I could work it out

bit over my head !!

 

Many thanks

 

Tonks:-)

[ims21]

Ah...I didn't know you had all of the statements.

 

You could fill in this spreadsheet then and it will give you the figures for the 8% as well.

 

It will just take some time to fill the sheet in.

 

FosRunningPPI v102.xls