@asklloydsbank Lloyds TSB -v- Very good friend

[ims21]

Yes that looks more like it

 

ims

[Shelley181146]

Brilliant, thank you ims for your patience.

 

Now, can we claim interest in restitution on these or not? (mad grin)

 

Shelley

[ims21]

Brilliant, thank you ims for your patience.

 

Now, can we claim interest in restitution on these or not? (mad grin)

 

Shelley

 

Not through fos, no. They will not give such an award.

 

If you go to court you could but you would likely have to prove mis-selling and the other side could you put you to strict prroof of that.

 

ims

[Shelley181146]

So is it best for this type of case to take it to FOS and let them deal with it?

 

Are the rules different for one off payment PPI policies?

 

In respect to these loans they both had PPI attached to them and they were joint applicants and both applicants were self employed. However, I have read through the T&C's and they would have only covered the first named on the loan and only for Life cover.

 

I have spoke with Kaye and she has said that they were both oblivious to the fact it only covered one of them and only for Life cover. Also, that one of the loans was signed at personal premises, not in the bank. Would that make any difference to being Mis sold?

 

Apologies for all the questions.

 

Shelley

[ims21]

So is it best for this type of case to take it to FOS and let them deal with it?

 

Which route is to be taken is for the claimant. You have probably noticed that there are few cases where folks have gone to court for their PPI possibly due to the onus of proof being squarely on the claimants shoulders or that the claim amount is high and therefore a possible exposure to costs in case of a loss. Having said that, you have already looked at the T&Cs which shows that the they would only have been covered for life and not repayments due to sickness etc becuase they were self employed.

Are the rules different for one off payment PPI policies?

 

Different to what?...don't follow you....sorry

In respect to these loans they both had PPI attached to them and they were joint applicants and both applicants were self employed. However, I have read through the T&C's and they would have only covered the first named on the loan and only for Life cover.

 

As above....how do you prove in court that they were not advised of this...it could be like trying to prove a negative if you see what I mean

I have spoke with Kaye and she has said that they were both oblivious to the fact it only covered one of them and only for Life cover. Also, that one of the loans was signed at personal premises, not in the bank. Would that make any difference to being Mis sold?

 

It could have a bearing but wouldn't be a pivotal point in my opinion

Apologies for all the questions.

 

Shelley

 

The self employed do have a very strong reason for mis-sale in that PPI is effectively useless to them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?123886-POC-for-PPI-Do-we-have-any

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?273420-PPI-win-in-Court

 

The above two threads in the PPI Stickies may provide some more insight and background material. You might like to read through the other stickies in the PPI forum too.

 

ims

[Shelley181146]

The past 24 hours have been a blur I'm afraid but that's another story.

 

I appreciate your guidance ims.

 

I have been trawling through PPI threads and guess I have more to do.

 

On refreshing my memory with Kaye's DSAR information on these loans there is a copy of the 'Demands & Needs' which I have been going over and there is nothing to say that they policy holder has the right to look at alternative policies with 'other agencies' which Kaye has already confirmed she was lead to believe that it had to be Lloyds own policy. But I am playing Devils Advocaat here "if the insured had died and the other policyholder remained, I bet they would still have chased her for the balance" but as the loan only last 5 months, I hardly think a insurance of almost £3k was worth taking out for?

 

Thank you again for your assistance and I will keep you posted.

 

Regards

Shelley

[Shelley181146]

Hi shell

 

Wait until you've got all the details before you start new threads. Have a read of 1,2 and 3 in my signature regarding charges and PPI. You need a PPI Calculator to work out the interest for one off PPI payments.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

 

PPI Calculator:- https://skydrive.live.com/?cid=ab205ad5e31a8810&id=AB205AD5E31A8810!151

 

Here is a Template letter that you can send them, add all the stuff thats missing. Maybe send the same letter for each account highlighting the bits that are missing and the bits you want from them as part of the request.

 

DSAR Reference: xxxxxxxxxx

 

Account Number: xxxxxxxxxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a xxxxxxxxxxxxxxxxxxxxxxxx

2) You have failed to provide xxxxxxxxxxxxxxxxxxxxxxxxxxxx

3) etc

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

 

'They have also advised that they are not the data controllers for Black Horse who provided the mortgage facility and anything to do with the Mortgage Account must be a new SAR request to SMSL RE SPML. Has anyone else had this response?' I'm not sure, you'll have to do a bit of digging. Don't get bogged down, you should be able to claim the

SAR Fees back.

 

Hi Rebel,

Its been a long time since posting original query but Lloyds TSB haven't been forth coming with their information on many levels but as suggested Kaye sent SAR to SPML re their mortgage but that expired mid April 2012. With that said, I have read around the forum various threads that people have had bad experiences with this organisation and upon checking the register at Companies House it appears that SPML company dissolved not once but twice - 6th Dec 2005 and then again 14th February 2012.

 

I found this in an article on the subject of these so called financial lenders

"Elsewhere in the SPML annual report the company makes clear that mortgages arranged by SPML for its unsuspecting homeowner victims are bundled together, securitised into a ‘derivative’ financial instrument as they laughingly name it, and sold on into a ‘Special Purpose Vehicle’ as SPML describe it ( it just means another separate company that simply holds all those bundled together mortgages as an asset to be further manipulated into a fantasy world of breathtaking deviousness)."

Kaye has not received any information from them and by the looks of things she never will. All I think I can do is check if the postal order has been cashed.

Does anyone have any recent dealings with this organisation as it appears that they have 'hidden money from Lehman's creditors in charitable trusts?

If I have posted this in the wrong place and the site team would prefer me to start a new thread I will be happy to move it.

Any guidance on this matter would be grately appreciated please.

Shelley

[rebel11]

Hi Shelley

 

Scroll down to 'But what is Southern Pacific?', it sounds like it could be Acenden.

 

http://www.thisismoney.co.uk/money/mortgageshome/article-1714330/Revealed-Reckless-UK-lending-of-Lehman-arm.html

 

If you type in, 'Acenden PPI' it will through more info.

[Shelley181146]

Hi Rebel,

Huge thanks for coming to my rescue. I have been researching daily on this organisation and I've heard/read about Capstone so your link has really helped me out.

 

Kaye has already sent a SAR to SPML but hasn't received a reply from anyone. We're now going to check if it has been cashed and who by, whilst following up on the link you highlighted.

 

This looks very much like 'Highway robbery'. I thought high street banks were bad enough.

 

Thank you so much for your guidance Rebel. Your a star

Shelley

[Shelley181146]

Will someone please clarify that I am right here?

 

If you have been making repayments for your mortgage through LloydsTSB each month including any PPI, shouldn't they be the one's responsible to reclaim PPI premiums from? Whether or not they slid the paperwork through a third party and gained commission, the repayments were made directly to LloydsTSB.

 

Shelley

[rebel11]

Hi Shelley

 

Lloyds TSB might just have been 'brokers' for SPML, your claim would be with, where the money ended up. Through your own investigations as well as the article demonstrate this is not straight forward. Have you got any statements that show the mortgage payments debited?

 

Will someone please clarify that I am right here?

 

If you have been making repayments for your mortgage through LloydsTSB each month including any PPI, shouldn't they be the one's responsible to reclaim PPI premiums from? Whether or not they slid the paperwork through a third party and gained commission, the repayments were made directly to LloydsTSB.

 

Shelley

[Shelley181146]

I have asked Kaye to go through her files and let me know what documents she can put her hands on.

Will report back as soon as I know.

 

Appreciate your help