Lloyds tsb ppi

[geordie boy1960]

Hi all,

 

I have two calims against Lloyds for mis sold ppi. They have acknowleded one of the as mis sold and made and offer of repayment with interest, however they have stated that the money will be paid partly into the debt recovery section of the bank(as Im behind with my payments due to umemployment) with the remaining put into my current account, which my now soon to be ex-wife has had frozen.

I have a question - can they legally take tell me where the money is to be deposited,after all this was an agreement between lloyds insurance services and myself and the loan was with lloyds loans department. The second ppi claim will be passed onto the ombudsman as I feel this was also mis sold but for reasons of there own they say it wasnt even though the conditions were the same.

 

cheers

[landy_alert]

Hi Geordieboy:)

 

I think you'll find that they can only use the refunded amount to offset any arrears you have on the account and the rest you should be able to stipulate where it goes. Alanalana is the expert on these matters and I'm sure he will be able to confirm this for you - or correct me if I'm wrong!

 

Regards,

 

Landy x

[alanalana]

Hi all,

 

I have two calims against Lloyds for mis sold ppi. They have acknowleded one of the as mis sold and made and offer of repayment with interest,

This is good but you should ensure the interest is 8% simple interest added to the PPI payments made from the date they were made up to an agreed settlement date.

 

however they have stated that the money will be paid partly into the debt recovery section of the bank(as Im behind with my payments due to umemployment)

The banks are allowed to offset debt from one account to another so if you have PPI repaid due to mis-selling this money can be offset against other accounts you hold which are in arrears. The poiint here is that at least you will owe less on the accounts with arrears) with the remaining put into my current account, which my now soon to be ex-wife has had frozen. ( you may be able to contest this if the account is in your name only. If it is a joint account which seems to be the case if your wife has frozen the account then you may have to fight this with the bank)

I have a question - can they legally take tell me where the money is to be deposited, (If you have other debts with the same bank then yes they can offset your claim to recover against other debts) after all this was an agreement between lloyds insurance services and myself and the loan was with lloyds loans department. The second ppi claim will be passed onto the ombudsman as I feel this was also mis sold but for reasons of there own they say it wasnt even though the conditions were the same.

 

cheers

 

I have highlighted in red and commented in blue.

 

Please post up any other questions.

 

Hope this helps you. I know it is a lousy scenario but do not lose hope and keep claiming.

 

aa

[geordie boy1960]

Thanks for the advice, I was just hoping to use the money to wipe out a smaller loan and have one less thing to worry about !!

 

As the ppi has been found to be mis sold is there any chance of having the loan itself written off as I only took it out because i thought i would be covered for unemployment. The loan and ppi were taken on the advice of one of the banks financial advisors who invited me in to discuss my finances.

[alanalana]

Thanks for the advice, I was just hoping to use the money to wipe out a smaller loan and have one less thing to worry about !!

 

As the ppi has been found to be mis sold is there any chance of having the loan itself written off as I only took it out because i thought i would be covered for unemployment. The loan and ppi were taken on the advice of one of the banks financial advisors who invited me in to discuss my finances.

 

This has actually happened once in the north east but there has been no legal precedent set on the case. If you decide to go the same route there is no guarantee of success until the previous case is accepted into Law

 

aa

[geordie boy1960]

It happened in my home town, just wondered if anyone could point to anywhere I could get a transcript of the ruling !!

 

Im unemployed so legal aid could be an option

Edited December 14, 2009 by geordie boy1960
add further comments

[alanalana]

You might try a google search for the case

 

aa

[geordie boy1960]

cheers will do

[geordie boy1960]

Well that didnt take long. heres a copy of the report from my local paper. hope it helps someone.

 

 

Published Date: 01 October 2009 Shields Gazette

 

A MUM-of-three's landmark legal triumph could open the floodgates for millions of people to take credit card companies to court.

Lynne Thorius, 49, of Sycamore Avenue, South Shields, today said the decision at Newcastle County Court to write off her £8,686 debt marked the "end of a nightmare".

 

Mrs Thorius is the first person to see her credit card debt wiped out after

 

as "unfairly" sold payment protection insurance (PPI).

 

All previous attempts to sue credit card companies over insurance policies have been settled out of court.

 

But because Mrs Thorius was the one being sued, rather than the credit card company, the case went all the way to judgement.

 

MBNA was trying to sue her for the outstanding balance on her Sunderland AFC-branded credit card.

 

Deputy District Judge Jacqueline Smart ruled that MBNA had breached the Unfair Relationships Act, because the credit card provider earned commission from the insurance company for the policy it had sold to Mrs Thorius – without telling her.

 

Now the landmark judgement could help people take credit card companies to court.

 

Mrs Thorius expressed thanks to her legal team for helping her achieve the victory.

 

She added: "This is the end of a nightmare. It has been hanging over me and my family for a long time and I just feel relief it is over.

 

"I'm happy the judgement may now help others who have suffered at the hands of credit card companies to seek justice.

 

"MBNA treated me appallingly from start to finish. I ticked 'no' on the PPI, but they applied it to my account anyway.

 

"When I had my hours cut at work from full-time to part-time and started to struggle to pay the bill, MBNA started to call me three or four times a day, even as late as 9.30pm or 10pm.

 

"MBNA were rude on the phone and one person told me to get another job, while someone else said they would repossess my house."

 

A spokeswoman for MBNA said: "This case was brought by one of the MBNA's agent. The judgement went against us for a number of reasons, in principle, because the deputy district judge felt the MBNA had not on this occasion provided the appropriate documents to the customer and as such was not able to rely on the clauses MBNA would ordinarily seek to rely on in these cases.

 

"The case is a county court case and each case is decided on its own merits and on the factual circumstances of each case. This does not set a legal precedent."

 

But,..... chief executive of the claims management company ................., which successfully defended Mrs Thorius, disagreed.

 

He said: "Now Lynne has won, the floodgates could open for millions of other people. This is a massive victory. It will change the way banks lend money and issue credit cards."

Edited December 14, 2009 by geordie boy1960
removed name of claims managment company/ im not here to advertise them, sorry if ive broke the rules

[geordie boy1960]

HI ALL,

JUST A QUICKIE. I MENTIONED IN MY FIRST POST THAT I HAD TWO CLAIMS AGINST LLOYDS AND THAT THEY HAD ACCEPTED THAT ONE OF THEM WAS MIS SOLD. THE LAST PAGE OF THERE LETTER WAS AN ACEPTANCE FORM. THIS MORNING I SIGNED IT AND WAS JUST ABOUT TO SEND IT OFF WHEN I DECIDED TO GIVE IT A FINAL CHECK OVER. IM GLAD I DID AS THE ACCEPTANCE FORM WAS NOT THE ONE FOR THE POLICY THAT WAS MIS SOLD, IT WAS IN FACT FOR THE ONE THAT THEY HAD OFFERED A TOKEN REPAYMENT OF INSURANCE CHARGES. HAD I HAD SENT THIS I COULD POSSIBLY HAD SIGNED AWAY SEVERAL THOUSAND POUNDS AS IM SURE THAT THEY WOULD HAVE USED IT AGAINST ME IN A COURT.

i HAVE WRITTEN TO THEM TODAY "POINTING OUT THER ERROR" AND ASKING FOR THE CORRECT ACCEPTANCE FORM.

 

PLEASE PLEASE PLEASE CHECK EVERYTHING OVER AND OVER AGAIN BFORE YOU SIGN ANYTHING. THEY USE WILL USE ANY AND ALL TRICKS IN THE BOOK TO TRIP YOU UP.

 

AS FOR THE ACCOUNT IN DISPUTE, I WILL NOW SEND IT OFF TO THE OMBUDSMAN. I HAVE ALSO ASKED LLOYDS BY REGISTERED MAIL TO SUPPLY AN S.A.R. AS I THINK THIS WILL HELP ME PROVE MY CASE AGAINST THEM AS WELL AS IT IS MUCH CHEAPER AND EASIER FOR ME TO GET THEM TO FIND ALL THE INFORMATION I AM GOING TO NEED THAN FOR ME TO SPEND A FORTUNE ON PRINTER INK GETTING COPIES FROM MY ON LINE ACCOUNT.

 

CHEERS

MICK.

[alanalana]

HI ALL,

JUST A QUICKIE. I MENTIONED IN MY FIRST POST THAT I HAD TWO CLAIMS AGINST LLOYDS AND THAT THEY HAD ACCEPTED THAT ONE OF THEM WAS MIS SOLD. THE LAST PAGE OF THERE LETTER WAS AN ACEPTANCE FORM. THIS MORNING I SIGNED IT AND WAS JUST ABOUT TO SEND IT OFF WHEN I DECIDED TO GIVE IT A FINAL CHECK OVER. IM GLAD I DID AS THE ACCEPTANCE FORM WAS NOT THE ONE FOR THE POLICY THAT WAS MIS SOLD, IT WAS IN FACT FOR THE ONE THAT THEY HAD OFFERED A TOKEN REPAYMENT OF INSURANCE CHARGES. HAD I HAD SENT THIS I COULD POSSIBLY HAD SIGNED AWAY SEVERAL THOUSAND POUNDS AS IM SURE THAT THEY WOULD HAVE USED IT AGAINST ME IN A COURT.

i HAVE WRITTEN TO THEM TODAY "POINTING OUT THER ERROR" AND ASKING FOR THE CORRECT ACCEPTANCE FORM.

 

PLEASE PLEASE PLEASE CHECK EVERYTHING OVER AND OVER AGAIN BFORE YOU SIGN ANYTHING. THEY USE WILL USE ANY AND ALL TRICKS IN THE BOOK TO TRIP YOU UP.

 

AS FOR THE ACCOUNT IN DISPUTE, I WILL NOW SEND IT OFF TO THE OMBUDSMAN. I HAVE ALSO ASKED LLOYDS BY REGISTERED MAIL TO SUPPLY AN S.A.R. AS I THINK THIS WILL HELP ME PROVE MY CASE AGAINST THEM AS WELL AS IT IS MUCH CHEAPER AND EASIER FOR ME TO GET THEM TO FIND ALL THE INFORMATION I AM GOING TO NEED THAN FOR ME TO SPEND A FORTUNE ON PRINTER INK GETTING COPIES FROM MY ON LINE ACCOUNT.

 

CHEERS

MICK.

Well spotted keep them on the hook until you get your money

 

aa

[geordie boy1960]

My first post stated that I had two loans with Lloyds.TSB, both with Insurance protection, and that when I was made unemployed I applied for the Insurance cover only to be told that

 

“Re: Loan Protection Insurance.

Thank you for letting us know about your recent claim.

We are sorry to tell you that on this occasion we are unable to accept your claim. This is because;

You are not covered for a period of unemployment following a period of casual or temporary work.”

 

As you know my most recent loan claim has been upheld but the loan from 2005 has been rejected for the reasons stated below.

 

Thank you for contacting me about your concern regarding your Loan Protection Policy.

I would like to apologise for the delay in responding to your concerns. I have carried out a detailed review of your complaint so that either I can resolve your concerns or issue a final decision letter in which a full explanation is provided on behalf of Lloyds TSB Bank PLC.

You took out a personal loan on 25th April 2005 for £20.000.00 and elected to protect your risk by purchasing an insurance contract for a one off premium of £4421.83 plus interest.

You’re Concern

You have advised that you believe you were miss-sold as you were not advised that you had to be employed for twelve months in order to make a claim.

My Findings

Lloyds TSB processes required sellers to explore employment position with customers in order to ascertain

1. Whether the customer was eligible for the policy.

2. The cover which the customer would be eligible for under the policy at its start date.

If a customer is eligible at start date as our evidence suggests you were then your employment status could change during the course of the term and the cover available under the policy would alter.

Your employment status does not affect the benefits which you may obtain under the policy. Your ability to claim for unemployment cover would depend on your circumstances at the time of any claim. In the absence of any further detail from you of the particular aspect of your employment history or status that you complain should have been discussed, I’m afraid I have no alternative other than to reject your complaint.

 

The letter then goes on to state that when I bought the policy it was explained to me that this rebate was “on a sliding scale” due to the claims risk being greater at the beginning of the loan, and if I choose to “cancel” the policy I would get a rebate of £20.44, but as a gesture of good will because “I’m a valued customer” (PLEASE DONT LAUGH) they would backdate it to the date of my complaint.

 

Is it just me or have the totally got the wrong end of the stick. I never wanted to cancel but to claim, and the fact that I have always been a contractor who by its very nature I would find myself in and out of work , and have been telling them that since the mid nineteen eighties

 

Anyway they have also stated that this is their final response and my complaint will now be closed, and should I wish to do so I can complain to the FOS. As I have already said I weill be doing this and I have sent for an SAR so i have all the information to hand.

 

Any comments gratefully recieved

[alanalana]

My first post stated that I had two loans with Lloyds.TSB, both with Insurance protection, and that when I was made unemployed I applied for the Insurance cover only to be told that

 

“Re: Loan Protection Insurance.

Thank you for letting us know about your recent claim.

We are sorry to tell you that on this occasion we are unable to accept your claim. This is because;

You are not covered for a period of unemployment following a period of casual or temporary work.” (They sold you the policy so they should have ensured you would be covered by the use of a demands and needs questionnaire. You should ask them to produce this by way of your SAR. This will then prove they asked you all the relevant questions to ensure you would be adequately covered by the PPI they were adding on to the loan)

 

As you know my most recent loan claim has been upheld but the loan from 2005 has been rejected for the reasons stated below.

 

Thank you for contacting me about your concern regarding your Loan Protection Policy.

I would like to apologise for the delay in responding to your concerns. I have carried out a detailed review of your complaint so that either I can resolve your concerns or issue a final decision letter in which a full explanation is provided on behalf of Lloyds TSB Bank PLC.

You took out a personal loan on 25th April 2005 for £20.000.00 and elected to protect your risk by purchasing an insurance contract for a one off premium of £4421.83 plus interest. (again ask them to prove you elected to protect the risk by production of a demands and needs questionnaire)

You’re Concern

You have advised that you believe you were miss-sold as you were not advised that you had to be employed for twelve months in order to make a claim.

My Findings

Lloyds TSB processes required sellers to explore employment position with customers in order to ascertain (demands and needs again they should produce a copy of the questionnaire to prove the correct questions were asked and you should have received a copy of the questionnaire requiring you to initial all the answers you provided on the phone)

1. Whether the customer was eligible for the policy.

2. The cover which the customer would be eligible for under the policy at its start date.

If a customer is eligible at start date as our evidence suggests you were then your employment status could change during the course of the term and the cover available under the policy would alter.

Your employment status does not affect the benefits which you may obtain under the policy. Your ability to claim for unemployment cover would depend on your circumstances at the time of any claim. In the absence of any further detail from you of the particular aspect of your employment history or status that you complain should have been discussed, I’m afraid I have no alternative other than to reject your complaint.

 

(And you have no alternative other than to complain to the Financial Ombudsman Service)

 

The letter then goes on to state that when I bought the policy it was explained to me (ask for proof of this ie tape or transcript of the conversation) that this rebate was “on a sliding scale” due to the claims risk being greater at the beginning of the loan, and if I choose to “cancel” the policy I would get a rebate of £20.44, but as a gesture of good will because “I’m a valued customer” (PLEASE DONT LAUGH) they would backdate it to the date of my complaint.

 

Is it just me or have the totally got the wrong end of the stick. I never wanted to cancel but to claim, and the fact that I have always been a contractor who by its very nature I would find myself in and out of work , and have been telling them that since the mid nineteen eighties

 

Anyway they have also stated that this is their final response and my complaint will now be closed, (Closed That's what they think Straight to the FOS with copies of everthing exchanged so far by letter. The more information the FOS have the better so copy all of your Agreements, letters, terms and conditions absolutely everything) and should I wish to do so I can complain to the FOS. As I have already said I weill be doing this and I have sent for an SAR so i have all the information to hand.

 

Any comments gratefully recieved

 

All the comments are above just to assist. Get the information copy everything at least twice or keep electronic copies so you can produce more and also ensure you have everything backed up.

 

It is not unknown for FOS to misplace tons of paperwork

 

aa

[geordie boy1960]

many thanks for your guidance, its much appreciated

 

mick

[MandM]

subbing

[RedVixen]

No consellation but that letter is a standard copy and paste whichever [paragraph from the standard list might fit the complaint - get the FOS ball rolling as soon as possible they have been known to roll over as soon as the FOS get involved not all cases but some they do

[geordie boy1960]

Thanks redvixen,

I was going to leave it until the new year so that

1) theres less chance of it getting lost in the xmas post and

2) Im still trying to think how to word the letter to the FOS as im thinking of pushing it all the way and asking for the loan to be cancelled as it was only taken out because of insurance cover which was mis sold.

Worst case scenario for me would be bankruptcy and as I have no assets it would mean my debt would be paid off in a year, so its really a no loose deal !!

[RedVixen]

If you give them a call outlining your complaint you will get a case number straight away and they will send you a complaint form already partly filled in with the outline of your case that you can change if you need to but it does mean you will have a reference number to quote at Lloyds.

[geordie boy1960]

many thanks,will do

[geordie boy1960]

Ive just spoken with the FOS and a claims form is on its way for the ppi that was refused. The gentleman I spoke with stated that I would have to go down the complaints route with LLoyds TSB in reference to being mis sold the loans.

It looks like it will be a busy new year as I hope to have a copy of the SAR in early January which should supply all the info I need..

[geordie boy1960]

Hi everyone and happy new year,

 

I have recieved today a letter from Lloyds reference my SAR,(at least I think I have as they got my name wrong), in which they have stated that they may not be able to supply all the information requested.( i used the standard template letter shown below) as some of the information may be with the insurers.

Question 1

In my letter I asked for all info, I made no mention of creditor Insurance, could they have gotten me mixed up with some one else or could they be assuming it relates to the rejected claim for mis sold ppi.

 

Question 2

As I asked for ALL information, is it,as I suspect there responsibility to supply it or do i have to send an SAR for each of the two loans to the insurers,

 

Question 3,

Can they withold information relating to ongoing negotiations, after all I need all the info to help me influence there decisions.

 

Here is a copy of there letter

 

Data Subject Access Request

 

I am writing to acknowledge receipt of your £10 cheque and your letter dated 15 December 2009.

 

If your policy is underwritten by one of our Insurers, we would not be the data controllers of there information. We would include any documents saved to our system but if you require access to there information you must make a separate request directly to them.

 

As your policy relates to creditor Insurance, I must advise you that I may not be able to send you everything that we have on file. for example, I will be unable to provide data relating to, or provided by a third party without there consent or data that might prejudice ongoing negotiations, this includes any information supplied by G.P.s Consultants or employers. Once I start collating the data I will let yoy know of anything that may fall into these catagories.

 

Under the guidlines of the Data protection act I have forty days to complete this request. I will arrange for this to be posted to you by recorded delivery no later than the 30th January 2009. However if for any reason I am unable to meet this date I will contact you with a full explanation.

 

It is important that you are aware that different business units within the Lloyds Banking Group have their own Data Controllers who are responsible for releasing Information they may hold. If you think there could be Information held in relation to general banking, thatb you reqire access too, you must make a separate request directly to

 

Lloyds Banking Group,

DSAR Team,

C41 Charlton Place,

Andover,

Hants,

SP10 1RE

 

Here is a copy of my SAR

 

 

 

Data Protection Act 1998

 

 

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998r']

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed

 

9. Copies of statements for the entire duration of the credit agreement/s

 

10.Termination noticesPLEASE NOTE that unless otherwise stated by yourselves and if th e above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents.

 

You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully

[geordie boy1960]

Hi all,

On Friday I sent LLoyds a letter giving them fourteen days( before involving the FOS), to send the new documentation as I told them that I could not understand why there had been a delay of one month in sending what is basically a standard document.

 

Yesterday I recieved grovelling apology from Lloyds customer care for the mistake they made with the wrong documentation. They have sent me a new acceptance form and noted my intention of involving the ombudsman on the other claim.

Hopefully this will go some way in reducing my debts, as stated previously some of it will pay back the missed payments and the remainder will help pay off my overdraft.

 

As an update on the FOS, I sent them all the documentation I had on the outstanding claim for mis sold ppi. I have recieved confirmation from them that it has been recieved. As yet I have not recieved the SAR info (they have roughly until months end to comply) but at least the ball is rolling.

 

It is still my intention to try and have the loans written off if I can prove through the SAR that the regulations were not followed.

 

One small victory for the masses.

[geordie boy1960]

Many Thanks For Your Help

[dandy1764]

Hi there,

 

Not quite sure if it is still relevant but had a PPI claim against Lloyds TSB and they paid out through the insurance services direct into another account even though the balance remains outstanding on the credit card account that the mis sold the insurance on. There is also another two Llyods one current account and one mortgage account both in arrears and now I have the cash I was going to negotiate the balances down.

 

Is this any help?

 

I am now in the process of offering third party Debt Collectors a reduced sum fingers crossed they will accept and I can use the rest of the cash to reduce other debts.

 

Never Never accept any first offers after I refused for a few months It was quite easy to get 5 times there first offer.

 

Good luck to you mate

 

dandy

[geordie boy1960]

Hi Dandy,

Thanks for your input. as far as the first offer from lloyds is concerned ive worked it out and the figure they came up with is right so im going to accept it. As for the second i am waiting for a decision by the ombudsman. Lloyds are getting very close to the forty day cut off to supply the SAR so me thinks they are having problems, Just as a sideline I recieved from lloyds the other day a letter telling me that they had sent me the "wrong Insurance explanation document " and would I mind awfully to destroy the old one !!(which just happened to say I should be covered) Youve guessed it. Not on your nelly.