Jump to content


M1PLG v Lloyds cc


Tonka99
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3296 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • 3 months later...
  • Replies 149
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Good evening

 

Im after some advice please , I have recently recived a CCJ on a credit card , I did put in a

 

Counterclaim for the PPI & charges which the DJ thought I had no way of claiming back

 

as I should have cancelled it within the 30 days !!

 

My question is can I go down the FOS route now or just put up and shut up .

 

 

Tonks

Link to post
Share on other sites

Hi

 

If the judge has said a definate NO to the claim then fos won't touch it. Some might ask "how will fos know its been to court?". The answer is that fos contact the financial business before they take a claim on so they would no doubt be told it has been to court.

 

Did the written judgement actually refer to the ppi & charges claim being thrown out/disallowed or found against?

 

If so I think the only route would be to appeal but that would involve a higher court and possible a potential costs implication.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Hi ims

 

This is from the Order :

 

Summary Judgment awarded against the defendant

The defendantis ordered to pay claimants cost

The defendants counter claim is dismissed

 

Permission to the defendant to appeal on the grounds that in her case she was mis sold PPI

by the claimant is refused on the basis that the court is not satisfied that she has a real prospect

of success .

 

 

I am not a Novice at the court thing and could not believe the DJ would not listen to the counter claim

 

I am A selfemployed Landlady of a village PuB and signed an application flyer which was sent via post

 

It just stated get PPi to cover you if you can not pay ect no t/cs it was a pre approved flyer .

 

Well the claimant states that the PPI would pay out BUT I would have to have been Insolvent and have

Informed the IR ,that would mean to me no home no job , like if I knew this I would have signed up !

 

 

Now this card ran from 2004 up to 2008 , by my calulation the ppi & charges would wipe out 3/4 of the debt

 

Hope this helps

 

Thanks

Tonks

Link to post
Share on other sites

IMHO you need to nail this judge to the yardarm!! [as brig to help you - :lol:

 

there are 10,000+ sucessful claims you can walk into court with.

 

did you do the usual SOC's & inc those in your submissions?

 

if these figures outweigh the claim - me things you could get the whole CCJ & costs overturned.

 

legal is not my game, but i'll ping those that it is !!

 

edit: give us your calcs - lets check them...

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

if you have your SOC as an XLS

just use one of the many free website to convert it to PDF

 

just dont post the XLS here as it can be 'looked' at [properties]

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

nope you must convert to pdf

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I can't see any reason why you can't appeal....even potentially under the Human Rights Act, but you should talk to a solicitor.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Usually, if a PPI claim has been heard in court you are not able to make a complaint to the FOS. However, in this situation, it would appear the claim wasnt heard for the PPI.

 

I wonder if it would be worth taking the claim to the FOS ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Tonka

 

I take it that you've got a final answer from Lloyds regarding PPI.

 

I would lodge a claim with the FOS, when the FOS decide on claims they don't refer to laws, they look at Terms and Conditions etc. So what every happens at the County Court is left there. The FOS reckon a high number of PPI cases go in favour of the Claimant. The FOS take note of OFT and FSA Guidelines regarding PPI. Unforetunately you will always run into wise-arse Judges who are clueless, don't worry about what the bank say to the FOS.

 

http://www.financial-ombudsman.org.uk/faq/index.htm

 

Payment protection insurance: consumer questionnaire

Link to post
Share on other sites

Hi

 

Just been on the phone to fos

 

Apparently things have changed slightly in that they will look at any PPI mis-selling case even if it has been through court (so I'm told on the phone)

 

Could be interesting

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

That is interesting, ims. Tonka.. You have your spreadsheet, just download the complaint form from the FOS website, I think you have already been linked above. And get the claim into htem :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

ba humbug

 

didnt get attacked...

might put falling snow on me avitar

that'll be funny

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hello Guys

 

Wow what a response thanks to everyone for their input , I have downloaded the complaint form and will

fill it in tomorrow , do I just send it to fos or send a copy to Lloyds or both ?

 

Now Lloyds have decided to go for a ICO in Jan next year , this has made me determined to fight just

wish I had enough money to demand a appeal problem would be what if I came up against the same DJ !

 

 

Thanking you all and big thanks to ims for taking the time and effort to call the fos x

 

Tonks

Link to post
Share on other sites

Hi

 

Fill in the complaint form and send it to fos together with a copy of the spreadsheet and a brief letter along the lines of " here's my complaint which Lloyds have refused, please investigate it"

 

Just to fos, not Lloyds

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Citizen B

You win the prize so far for the best Crimbo avatar.

Dont know what to make of DX's

Regards

W

 

:lol:, thank you :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 2 weeks later...
  • 4 weeks later...

Update ;

 

Having been to court for the SJ and lost miserably ,

 

 

went on a Friday afternoon back in Oct

 

the DJ was not listening to me and was just hell bent on getting home ,

he thought that my claim for the mis-sold PPI was ok because I could have canceled it within the 30 days

so promptly awarded judgement to claimant forthwith .

 

That was on the 7th

I received the Order on the 14th

then applied a N245 for Variation of Order to monthly Instalments ,

 

 

I filled in the I/E sheet on the N245 and also sent copies of my business accounts with an offer of £100.00 per month on the 18th

 

 

I hand delivered it to the Court and paid the fee .

I heard nothing

 

 

then called the Court to see what was happening

they said it had been sent to Lloyds on the 30th Oct

and that they then had three weeks to reply ,

well as usual heard nothing from them so I sent a cheque for Nov payment on the 28th ,

 

 

next thing I know they send an ICO

which was granted on the 15th Nov

and guess what it was the same DJ who awarded judgement!!

 

In the meantime I have sent the whole PPI counterclaim off to the Ombudsman

I now have a referance No and will call them tomorow,

 

 

in my Defence to the CO I have stated that if my claim is upheld I shall

apply for a set aside of the CCJ .

 

I have made three payments for £100.00 each of which I can not really afford .

 

The total of mis-sold PPI which should be paid back is in excess of £6k

the total debt was roughly £10k with costs added .

 

My main moan is why pay a fee for a Variation Order if no one bothers to look at it ,

the DJ should have been aware that it had been applied for before agreeing to the ICO ,

and of course Lloyds never bother to reply to anything

so I now have to go back to Court next week to fight this one off

hope I dont get the same DJ !

 

Any advice or pointer in the right direction much appreciated

 

Thanks for looking

 

Tonks

Link to post
Share on other sites

Hi Tonka

 

Have you chased up the Court re Variation? you have paid a fee and submitted they must respond.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy

HNY Hope you are well ,

 

I have just called the Court they say Lloyds have been sent N245 but not responded

and for me to bring it up with the DJ next week which of course I shall its in my defence

anyway so hopfully DJ will read that before I get in the room

 

Also called FOS and they will be working on the case next week so again all in the waiting

game .

 

I am going to study over the weekend other CO cases , just hope I dont get the same DJ

or it will be game over for me !

 

Thanks for your time

 

Tonks :-)

Link to post
Share on other sites

Hi Tonks,

 

Sorry to read about this.

 

It amazes me just how badly the system can treat people. :-x

 

Will keep watching. :-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...