LLOoyds/SCM claimform - Lloyds loan **SUMMARY JUDGEMENT DISMISSED ** BATTLE CONTINUES

[the_shadow]

Well done...

 

Only hope that the potential costs of a multi-track case will now put them off proceeding. Oh that and the fact they will be required to produce the original documents ;-)

 

S.

[the_shadow]

Tonks,

 

You've stated about the 7 day ban on selling the PPI after the initial OFT investigation... might want to bolster that with the details of the total ban on them now...

 

FSA Ban on Single Premium

 

 

In February, following on from the outcome of the Competition Commissions remedy report, FSA sent a Dear CEO letter to all firms selling single premium PPI (PPI) with Unsecured Personal Loans. The letter follows on from the voluntary decision taken by many lenders to stop selling SP PPI back in January. FSA imposed a deadline on firms; by the 29 May 2009 firms must stop selling single premium PPI.

 

S.

[the_shadow]

Perhaps a little response of thanks but no thanks I will get more if I proceed to trial might jerk them to their senses.

 

Just a thought but personally I'd like to mention the recent case of a credit card debt being quashed due to PPI in any case involving PPI now. Just quoting the parties involved should be enough.. it got enough press

 

Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

 

S.

[the_shadow]

Thanks for that Shadow you understood what I was referring to.

 

Regards

 

Andy

 

I do try ;-)

 

S.

[the_shadow]

5) On the 28th April the defendant requested a Subject Access Request under the Data Protection Act 1988 a receipt for the £10.00 Postal Order and Special Delivery posting have been kept.

 

6) On the 1st of May 2008 the defendant received a Default Notice dated the 24th April 2008 this also came from the claimants collection centre in Brighton the said Default Notice did not then give the defendant the clear 14 days required under the Consumer Credit Act 1974 to remedy the breech I put the claimant's to strict proof that they did indeed send the said Default Notice on the 24th April 2008.

 

7) If the termination followed on from the delivery of the Default Notice on the 1st May 2008 and which gave the defendant only 12 days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to the defendant in the default notice was a termination which did not then entitle the claimant to demand earlier payment and therefore is a clear unlawful rescission of contract.

 

8)The claimant's claim also included mis-sold Loan Protection Insurance and a Counter-claim has been approved by District Judge X on 21st September 2009

 

11) By now 36 days of the 40 days allowed had lapsed from the Data Protection Act Subject Access Request to which to this day no reply has been forwarded .

 

12) On the 6th July 2008 the defendant sent a Consumer Credit Agreements 1974 Section 77 request for a true copy of the

Consumer Credit Agreement for the Loan Account. No reply has ever been received.

 

14) On the 11th August 2008 the defendant again sent a request under Section 77 of the Consumer Credit Act 1974 for a copy of the Loan Agreement and also a Data Protection Act 1988 Subject Access Request to Allied International Credit Ltd to which it was replied “Your requests have been forwarded to Lloyds Bank who as Data Controller, will provide you within the prescribed time frame together with any additional information, which they may hold .No data was ever received .

 

16) At a Summary Judgement Hearing before Deputy District Judge X at

***** County Court on the 21st July 2009 the DDJ found that the Consumer Credit Agreement did not comply with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in that the prescribed

terms and the signature boxes were not contained within the four corners of the agreement and that no links could be found between the first document and the second document which the defendant signed .

 

CASE SUMMARY FOR THE MIS-SOLD LOAN PROTECTION INSURANCE

________________________________________________________________________________

10) The defendant then moved to Cornwall for the next four months until purchasing his new Business living in a touring Caravan .

 

A few possible edits, see if Andy agrees with them.

 

Well I have had enough for one day

 

 

Keep your chin up!

 

S.