Jump to content


LLoyds Bank County Court Summons


mickey33
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4167 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

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Briliant, did you print off the receipt/copy after you submitted defence ?

 

LTSB now have 28 days to consider whether they want to go ahead.

 

Meanwhile you need to keep on at them to get that Subject Access request in order to work out exactly how much the PPI is. You could then probably write to them asking for it back before you go anywhere near a court. :D

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

Here is a copy of the letter received not sure how this translates as far as the court case is concerned? Is an amendment required by them? Any thoughts on the matter?

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0049.jpg

 

hahaha oh dear...

 

I assume you heard about the case of the lady who had the MBNA agreement torn up as she had PPI debited but didnt select it... the judge wrote off £15k I believe in that case.

 

Also they are being tightwads, they make no mention of the added "compounded" interest that goes along with those PPI amounts.

 

Edit: It was 8k and its here >> MBNA case

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

EXCELLENT...self admission of missold PPI and possibly a fraud....i'd write back to them stating that they should consider writing off the debt as the whole agreement is tainted, ask them to consider restitution and restitutionary damages, damage to your credit files, compensation...and refer them to the case as Shadow has kindly included above...!!

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

Cheeky beggars. Yes, I would actually work it out for yourself on one of the spread sheets. If you have the statements now, it should be fairly simple.

 

The nerve of them.

Edited by citizenB

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

I have written letters prior to this sent recorded delivery offering a reduced payment and a partial settlement of £5k and all of them were ignored and went without response or reply.

 

The PPi has been worthless just estimated the costs and the insurance is in excess of £7k over the years it has has cost me since 2002.

 

I will have a look at your plight on the PPI issues.

 

I will post some links which will give you an idea on how to claim the PPI was mis-sold and also what information you should specifically request withing your Subject Access Request.

 

If you have paid the PPI premiums for xx number of years and they now find an excuse no to pay out on the Policies then it is clearly IMO a case of selling a product which was of no benefit to you when you needed to make a claim. In this instance you should be requesting repayment of all of the premiums you have paid plus the interest and 8% statutory interest.

 

I will get back to you later and I have asked CitizenB to give me a PM reminder.

 

aa

 

Mickey, having gone back over your thread, I think Lloyds' integrity has been brought seriously into question.

 

You didnt ask for this product. They are now offering just to repay the premiums paid which is outrageous.

 

I think you need to write to the solicitor along the lines of:

 

Dear Sirs,

 

In the CCBC Northampton

Lloyds TSB Bank plc - v - Mickey33

Claim Number:

 

I am in receipt of your letter dated 17th November 2009.

 

I was quite frankly, astonished at its content.

 

A claim has been issued against me quite incorrectly for an amount that mostly consisted of a product that was not requested.

 

You will no doubt be more than aware that the FSA and FOS have started a major investigation into the mis selling of this product.

 

To say that your client is prepared to repay just the premiums is not acceptable.

 

Please ask your client to revisit their offer to include the ??????

 

(now this is where I am lost. I dont know if it should just be 8% and /or contractual interest etc.. so hopefully someone will come along and complete this )

 

 

IMHO, they should write this off totally and even offer you some compensation:evil:

 

It looks like you need to reply by the 27th. Although I imagine in the cirucmstances they might not be so keen to go to court with this little gem.

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

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Mickey steven has provided a rather good calculator above. So if you have all the statements now, you can work out how much you are really owed. You can then enclose a copy for the solicitors.

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

 

Please ask your client to revisit their offer to include the ??????

 

(now this is where I am lost. I dont know if it should just be 8% and /or contractual interest etc.. so hopefully someone will come along and complete this )

 

 

Spot on CitB, I would also add something like:-

 

"Please ask your client to revisit their offer to include the interest charged at the contractual compounded rate in restitution on these premiums.

 

It cannot be right or just that your client has benefited and continues to benefit from at best a simple error made on their side. I draw comfort from the case of MBNA vs Ms Lynne Thorius in the Newcastle county court where a similar mis-selling of PPI was found to taint the whole agreement and I feel confident that my evidence together with this persuasive county court case will convince a diligent judge to do similar"

 

S.

  • Haha 1

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Perfect, shadow :D

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

Excellent. Let us know what happens:D

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...

Copy of response received that was sent to the court:

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/SCMResponsetocourt.jpg

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/SCMResponsetoCourt2.jpg

I guess it will be up to the courts to decide now but do I now send the court a copy of the letter I received from SCM admitting Lloyds mistake and my response letter or wait for a hearing. I have been warned that the court may make a decision based on paperwork provided already without a hearing but I may have seven days to apply to have it set aside if that happens?

Link to post
Share on other sites

Copy of response received that was sent to the court:

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/SCMResponsetocourt.jpg

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/SCMResponsetoCourt2.jpg

I guess it will be up to the courts to decide now but do I now send the court a copy of the letter I received from SCM admitting Lloyds mistake and my response letter or wait for a hearing. I have been warned that the court may make a decision based on paperwork provided already without a hearing but I may have seven days to apply to have it set aside if that happens?

 

Micky, you've left the SCM ref number on the second page (at the bottom), please can you remove it as it identifies the case.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

I didnt realise you entered a counterclaim ? Did I miss something ?

 

How did you work out the sum of £16,000 +.

 

You may need to do a rebuttal statement to the one that LTSB have sent you.

 

You would be saying that at the time of entering your embarrassed defence and counterclaim, you had not been provided with sufficient information to fully particularise either.

 

You would also be saying you are at a loss to understand why LTSB would be querying the sum you are claiming in the counterclaim as you have in your possession a letter from the acting solicitors to advise that a PPI product had been mis sold.

 

You would also be saying that the amount of refund they have suggested in that letter is inconsistent with your own figures, now you have been provided with a complete set of statements and guidance from the Financial Ombudsman.

 

You need to give some thought to putting this into a proper rebuttal witness statement. Put it on here in order for us to give it a good going over before it gets sent. You need to prepare for this properly.

 

I imagine with the correct information and a properly prepared witness statement you could more than likely ask for a strike out.

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

I put in a counter claim for the PPi plus the interest charged and calculated which came to just under £11k but did state that the figure was an estimate as I was still waiting for further info not received so I couldnt detail it further.

I have removed the reference number now as well. I will prepare a statement over the weekend for your further advice and support.

Link to post
Share on other sites

Just to clarify I counterclaimed the whole amount as I never had the actual figure due to the lack of info provided so I hope that explains the figure they refer to in the statement.

Link to post
Share on other sites

Hi Everyone sorry for the late response the wife has been ill with her epilepsy. I would appreciate any input or amendments to this before I send it.:)

 

RESPONSE TO DEFENCE OF COUNTERCLAIM FILED

ON BEHALF OF THE DEFENDANT

 

 

1. The defendant objects that the defence filed in response to the counterclaim is inaccurate on the grounds of written information received by the claimant’s solicitors in response to the defendant’s original defence. The amount of refund the defendant have suggested in that letter is inconsistent with the claimant’s figures, now the claimant has been provided with a complete set of statements and guidance from the Financial Ombudsman.

 

2. The fact is that the claimant charged the defendant for PPI even though the defendant did not request this on the original application. The claimant has offered to reduce the debt by £6042.99 which relates to the rebate of the insurance premiums.

 

3. The offer by the claimant was formally rejected in writing (copies of which are attached) with a request interest charged on such premiums that total £4543.92 to be repaid in accordance with the rate at the time. A schedule of charges is also attached.

 

4. The defendant now has reason to believe why previous attempts to claim under the PPI policy have failed which appears to be due to a processing error on the claimant’s behalf. The defendant was clearly charged for a product that was rendered useless and until this claim was brought and the relevant paperwork received from the claimant knew nothing of the causation.

 

5. The defendant has suffered a lot of hurt to feelings due to the lack of information and support from the claimant in respect of the original product and the management thereof.

 

Statement of Truth

 

The defendant believes the facts stated in response to the defence of the counterclaim are true.

 

 

Signed:………………………………………………….

Link to post
Share on other sites

Mickey, I think paragraphs 1 and 5 requires some tweaking. I will try and find someone who can help with this for you.

 

S'ok, the shadow is already here:D

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

Just to clarify I counterclaimed the whole amount as I never had the actual figure due to the lack of info provided so I hope that explains the figure they refer to in the statement.

 

 

Spot on CitB, I would also add something like:-

 

"Please ask your client to revisit their offer to include the interest charged at the contractual compounded rate in restitution on these premiums.

 

It cannot be right or just that your client has benefited and continues to benefit from at best a simple error made on their side. I draw comfort from the case of MBNA vs Ms Lynne Thorius in the Newcastle county court where a similar mis-selling of PPI was found to taint the whole agreement and I feel confident that my evidence together with this persuasive county court case will convince a diligent judge to do similar"

 

 

 

 

RESPONSE TO DEFENCE OF COUNTERCLAIM FILED

ON BEHALF OF THE DEFENDANT

 

 

1. The defendant objects that the defence filed in response to the counterclaim is inaccurate on the grounds of written information received by the claimant’s solicitors in response to the defendant’s original defence. The amount of refund the defendant have suggested in that letter is inconsistent with the claimant’s figures, now the claimant has been provided with a complete set of statements and guidance from the Financial Ombudsman.

 

2. The fact is that the claimant charged the defendant for PPI even though the defendant did not request this on the original application. The claimant has offered to reduce the debt by £6042.99 which relates to the rebate of the insurance premiums.

 

3. The offer by the claimant was formally rejected in writing (copies of which are attached) with a request interest charged on such premiums that total £4543.92 to be repaid in accordance with the rate at the time. A schedule of charges is also attached.

 

4. The defendant now has reason to believe why previous attempts to claim under the PPI policy have failed which appears to be due to a processing error on the claimant’s behalf. The defendant was clearly charged for a product that was rendered useless and until this claim was brought and the relevant paperwork received from the claimant knew nothing of the causation.

 

5. The defendant has suffered a lot of hurt to feelings due to the lack of information and support from the claimant in respect of the original product and the management thereof.

 

Statement of Truth

 

The defendant believes the facts stated in response to the defence of the counterclaim are true.

 

 

Signed:……………………………………………… ….

 

 

 

AMENDED VERSION

 

RESPONSE TO DEFENCE OF COUNTERCLAIM FILED

ON BEHALF OF THE DEFENDANT (this is not quite right either )

 

I, Mickey33 make this statement in response to the defence dated 27th November and submitted by the Claimant, Lloyds TSB Bank plc .

 

1. In response to the Claimant's claim that the defendant's Counterclaim was insufficiently particularised.

 

1a The Defendant was not in possession of vital information from the Claimant at the time of submission despite requests made under CPR31.14 and Data Protection Act 1998.

 

2. The Claimant is well aware of the allegations and the case it has to answer in respect of the counterclaim. In that shortly after the Defendant submitted his defence and counterclaim, the acting solicitors in a letter dated XX XXXX, confirmed that the PPI had been added to the Defendant's account, even though the agreement clearly shows it was not requested. ( See Exhibit Mickey33 -001)

 

2a The letter advises that Lloyds TSB plc is able to reduce the amount of their claim by £6,042.99 which is the total of the premiums paid.

 

3. The offer of premium refund only, was formally rejected in a letter dated XXX XXXX (see Exhibit Mickey33 -002)

 

4. Having been supplied with a full set of statements and with the guidance of the Financial Ombudsman, the Defendant was able to calculate a more accurate figure for the counterclaim. This amounted to the premiums paid £6,042.99 and interest at the Bank's own interest rate in the sum of £4543.92 totalling £10,586.90 as per the schedule attached (see Exhibit mickey33 003)

 

5. The Defendant requested that the Bank now revisit it's offer, pointing out that the whole agreement was tainted due to the inclusion of a product not requested.

 

6. In response to this letter, the Claimant has submitted their Defence.

 

7. The Defendant was at all times of the belief the PPI was a mandatory inclusion of the agreement.

 

7a Having included a product that wasnt requested, the Bank further compounded its error in not explaining that it would not be fit for purpose and rejected a claim made on XXXX XXX

 

8. The Defendant was clearly charged for a product that was rendered useless and until the Bank issued their claim and the relevant paperwork received from them, the Defendant was not aware of this.

 

9. The Defendant has suffered a lot of hurt to feelings due to the lack of information and support from the claimant in respect of the original product and the management thereof. I am still not happy about this paragraph.

 

Statement of Truth

 

The defendant believes the facts stated in response to the defence of the counterclaim are true.

 

 

Signed:………………………………………………….

 

I have made some changes to your response, Mickey, but would like someone to have a look at it before you send it off.

Edited by citizenB

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

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...