Help with Lloyds PPI Etc

[dandy1764]

Hi there I would be very gratfeul for any advice or pointers.

 

This site is so full of great information and tips and guides but it is a little of information overload and hard to sieve through what info I may need.

 

Me and my GF ran a little gift shop around 2 years ago and took out a Llyods TSB Platinum Card to help with us buying stock and generally helping us carry out our business. We also had a Select Account wit the same company. After a visit to out local branch ( we where sold a PPI at the time to cover us (in there own words) "unforeseebable difficulties with the business and we are made redundant" effectively as my Mrs was self employed that our business failed.

 

After the junkie **** had broke into our shop and stole a fair bit of stock on a couple of occasions and my Mrs became pregnant we decided to call it a day.. we effectively went into voluntary liquidation as we where in debt to various suppliers and where no longer making money. We closed the business after 2 years of running it.

 

Only after a year had passed had we realised that we where still paying the PPI from Llyods and a freind in the bank pointed this out to us and said we should be entitled to make a claim on this.

 

We made a claim on the PPI Insurance and cancelled the Direct Debit Payments as we no longer required the cover.

 

The debt of the credit card was around 5K and had been passed through the usual channels and ended up at AIG a Glasgow debt collection company that threatened my girlfriend that we would lose our house if we did not pay....very threatening. we explained we where in the process of claiming on our PPI and said we where waiting to hear.

 

Next Llyods TSB well it was (London Edinburgh Insurance )wrote to us saying the where sending someone from Victor Sherman Associates to take a statement regards our claim.....The guy came up from Manchester and took a statment regards the circumstances of business going into voluntary liquidation....he was here for 2 hours.

 

We received a letter shortly after and where told that our Claim hade been declined for the following reasons:

 

a/ My girlfriend said she only worked for 1 1/2 days in shop (his words not ours 10 hours) so she did not work more than 16 hours prior to the birth of our baby in the shop.....therefore she did not meet the terms of the policy.....

 

and

 

b/ She was not actively seeking employment after the shop closed down as she said she was busy looking after our two children.

 

I was furious that the send up some guy I feel with the sole purpose to trip us up and try and avoid paying out on this policy. I explained to them that although my Partner was only working 10 hours maybe in the shop she was also working 6-8 hours in the house doing all the ordering and pricing of the stock.....so they are have the wrong info in the statement (which I incidentally withdrew this statment and told them we could no longer trust any of the info contained in it).....

 

I also said that after the shop closed and we are both unemployed and looking after two babies under 2....she WAS ACTIVELY SEEKING WORK if the right job came along and now they want copies and any applications and letters to and refusing a job.

 

I feel they are trying to avoid paying out on this and we feel that we have been 1/ Miss sold this PPI and 2/ Pressured into saying things to allow them to refuse the same.

 

 

Now they are saying that it will passed back to the debt collection company for enforcement action.

 

 

I found this website shortly after and have wrote to them with a SAR re 40 days data protection information and its been around 50 days and Ive not heard a cheap from them, LLyods TSB.

 

We received a letter from the insurers LOndon Edinburgh syaing that our claim was declined because of the reasons stated previuosly and the information contained in the statement. i asked to speak to a manager who will phone me next week.

 

PLEASE CAN ANYONE HELP US OR POINT US TO HELP.

 

PS I have also sent a SAR 40 day reply to Llyods select Account( at very least want my bank charges back,,,,A loan company £5k borrowed to help with business and Abbey credit card again want all the charges back.

 

No reply to any......Llyods TSB did send a statementon the select account sent statments showing bank charges of £1800...but said I would have to raise court action if wanted them back......

 

WHAT IS MY NEXT MOVE PLEASE.

 

THANKS TO ANYONE WITH HELPFULL INFO

[pompeyfaith]

Hiya Dandy,

 

Id say it was mis-sold because you ran your own business so effectively you where self-employed as you may well know self-employed on many policies are excluded.

 

You did the right thing by sending an S.A.R letter as you got no response to this you need to send this letter to put them on notice:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

 

 

As for the bank charges you need to issue an N1 though the courts it will be stayed pending outcome of the OFT V BANKS court case but at least you have there ready to hit them pending the outcome.

 

The link below explains all

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Regards

 

Pompeyfaith

[dandy1764]

Thanks Pompeyfaith much appreciated mate.

 

The particulars of Claim for the reclaiming of my bank charges....anyone know if there is a Scottish Version on the forums...if not its fine I will just have to amend some of the statutes and Acts.

 

Will draft the letters to the banks and send them recorded delivery come Monday as they are over the 40 day mark.

 

thanks for the pointers really appreciated.....These forums are great, a collective voice of the people.

 

Although It appears I cant really do anything against the Insurance Company even though they are behaving in an unethical manner...I may pursue them as well to recover the insurance premiums they collected through there ombudsman?

 

thanks

 

Dandy

[pompeyfaith]

have u tried looking in the scotland thread

[dandy1764]

No but I will now... thanks very much....sorry for the childlike approach.

 

Adios

[pompeyfaith]

thats ok we all find the site bewildering at first due to the varst amount of info available

[dandy1764]

Hi there,

 

Low and behold postman pat turned up this morning with a recorded delivery pack of my SAR info. What an amount of stuff to send....what about the trees dont the know the are ruining the rainforests all over the world...only joking!

 

So I now have the info that I requested but it took 50+ days.....I definetely have been miss sold this PPI...want to take it to the next step...not sure how to go about it though.....

 

Do I still have to raise a court action against Llyods for the PPI recovery?

 

Now that I a have all the information can I use any of it to my advantage? Can I claim back all my charges that I have incurred on my Credit Card/Current Account/ and Mortgage Account all with interest?

 

I would be grateful for any help or advice on how to progress...in the meantime I was hoping try and get my claim for PPI back.

 

Thanks very mcuh

 

Dandy

[pompeyfaith]

hiya dandy we can sort all this but right now i only have my phone to post so ill be on pc this evening

[pompeyfaith]

Hiya Dandy,

 

Ok as for the bank charges send them the letter in this post link Edit to suit your needs use the red bits if they are needed if not highlight and delete.

 

Also read the second post as its important.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

You can send the same letter for your mortgage charges just put the account no below company address.

 

Now for the PPI you need to send one of these two letters again edit to suit your needs.

 

Template Letter 1

 

 

[Your address]

The Complaints Department

[Lender’s address]

[Date]

 

Dear Sir/Madam,

 

Ref: [Your PPI policy number]

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £xxx loan/credit card at your […. Branch] on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is ...] The total amount of my premiums plus interest is £ xxxx.

 

I am [self-employed/work as a contractor/unemployed/retired] and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments.

 

Possible additional paragraphs – include the one which applies

 

 

[Your salesperson knew this at the time of sale but did not point out to me that this would make the insurance policy useless to me.]

 

 

or

 

[Your salesperson did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me.]

 

 

Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement.

 

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

 

Yours sincerely

 

 

[Your signature]

 

 

 

Template Letter 2

 

 

 

[Your address]

The Complaints Department

[Lender’s address]

[Date]

 

Dear Sir/Madam,

 

Ref – policy number

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx.

 

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy.

 

Possible additional paragraphs – include any which apply to you

 

 

[i also told your salesperson that I had adequate insurance cover through a separate income protection policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

 

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.]

 

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.]

 

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

 

 

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

 

Yours faithfully,

 

[Your signature]

 

For the PPI you will also have to include a spreadsheet of your charges using the spreadsheet calculator here

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/152816-download-ppi-calculator-here.html

 

If you have problems with this do not worry as many do just post here and ill be back to give you a hand with it.

 

Regards

 

Pompeyfaith

[dandy1764]

Hello again and thanks very much for all the help you have given so far...it really makes me smile that strangers are willing to help to overcome this monstorous machine (banks,govts,legislators etc) that we the people constantly find ourselves battling against.

 

I am onto these letters now and am wondering should I send them all recorded delivery from now on?

 

I was hoping that the PPI was going kick in and clear off most of my balance before finding these forums and realising that there was no way the bank was ever going to pay out on the insurance policy....so think the best In can hope for is to get the PPI installments back + interest. Separtely I think I will try and get back charges back on current account.

 

Once again pompeyfaith I thank you and all who frequent these forums to help and assist.....A true voice of the people without which ...we would always feel alone.

 

adios for now

 

Dandy

[pompeyfaith]

Hiya Landy

 

Thank You for your kind comments its much appreciated although im only doing what others have done for me.

 

Now as for recorded delivery most definitely although i used special delivery both are just as good but remember to put a returning address on the back of envelope just in case.

 

As i said before im not sure how good you are at excel but if you need a helping hand with that give us a shout.

 

Regards

 

Pompeyfaith

[dandy1764]

Hi there,

 

Just about to start my letters and noticed a few things;

 

1/ I dont think I have a note of the PPI charges that have been incurred yet or the Policy number.

 

2/ The Subject Access Request that I got back from Llyods contains useless info mostly there info and amounts to approx 1000 pages....if this goes to court I will be claiming they are trying to lose customers in paperwork......Can I still tell them they have not met the terms of my request and I need further info.

 

Alos think the PPI where paid every month but dont have a full list of credit card statments so cant tell exactly how much has been paid?

 

thanks for any help

Edited February 3, 2009 by dandy1764
more info

[pompeyfaith]

ok in that case Lloyds have not complied with your request as they should of supplied all statements so in this case u need to send a non compliance letter

[pompeyfaith]

ill post a link this evening as im at work now and using my fone to post this

 

Here you go as promised non-compliance template letters the link explains all

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

Edited February 3, 2009 by pompeyfaith

[havinastella]

Hi Dandy,

 

Link for sar non compliance

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Have a look at these two threads as well

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-2.html?highlight=havinastella+lloyds#post1512395

 

AND

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/143154-ashwall-lloyds-tsb.html

 

 

Hope this helps

 

Jogs

[dandy1764]

Hi there and thanks for the info; That is some read with all the links but valuable info.

 

I was going to send a letter of non compliance to Llyods which also contains my request to refund my bank charges and interest along with this.

 

What is the schedule of charges? I cant locate it or dont know if I can request my charges along with same letter of non compliance....any suggestions!

 

Still wanting to try and resolve the Insurance Claim problem.....they should be paying out but are not...can I do anything apart from appeal there decision.

 

thanks

Edited February 4, 2009 by dandy1764
More info

[dandy1764]

Was getting a little mixed up for a minute there with all these different little scuffles going on with the banks. Schedule of charges I know now!

 

Since I lost my business around a year ago the banks have been alright and no pursued me that much since payments and premiums could no longer be paid.

 

Since finding this site...I checked out a few things like charges on statements and the avoidance of paying out on PPI we had and thought its time we fought back.

 

Q/ If Llyods TSB have sent a very large amount of information but.....clearly not: all telephone call transcripts/PPI premiums/statments.

and

I have issued a non compliance letter and request for refund of unfair charges on principal account(with no PPI).

 

Do I try to find out the details of the PPI premiums or just stick to issuing them with a non compliance letter?

 

thanks what a long winded question but I dont want to get something wrong at the start.

[pompeyfaith]

your non compliance letter should force the bank to supply everything thay have not to date so i would hold fire until u get a response to that