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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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I have PPI from both a credit card and loans from Egg that I'm looking to address.

 

I've been dealing with a legal issue on Egg since 2011 thanks to the help of this forum.

 

I sent an SAR request back in 2012.

I've been sorting through the paperwork from that SAR and while I have every CC statement, I can't locate anything around the loan payments.

 

I may have mis filed it, or it's gone astray in another way.

 

There aren't any restrictions to sending another SAR is there?

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nope 

  • Like 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Cool thanks. Will get that off first thing Monday. 

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Hi,

have received my details from Canada Square.

I'm currently organising it all and highlighting the important parts.

 

Can I just check if I understand which goes where so I can start my calculations:

 

Credit Card PPI from 2000 - 2006: Use CISheet and input each PPI charge

 

Egg Loan 2001 - 2002 paid off early: Use StatIntSheet and input 8 payments 

 

Here's where I need a little guidance 

 

Egg Loan 2005 - 2006. 19 payments made before refinancing into larger loan

 

Egg Loan 2007 - 2008. 20 payments made before ceased payments.

 

Do I put this as one claim due to the refinancing and claim on each payment made,

or due to them selling the loan on,

can I claim for the entire PPI originally sold? 

 

Thanks

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6 hours ago, LordSuggs said:

Hi,

have received my details from Canada Square.

I'm currently organising it all and highlighting the important parts.

 

Can I just check if I understand which goes where so I can start my calculations:

 

Credit Card PPI from 2000 - 2006: Use CISheet and input each PPI charge - set claim to date to when they stopped their int - then put that whole sum in statint sheet the day after

 

Egg Loan 2001 - 2002 paid off early: Use StatIntSheet and input 8 payments - yes and PPIPCM% of payoff too.

 

Here's where I need a little guidance 

 

Egg Loan 2005 - 2006. 19 payments made before refinancing into larger loan

 

Egg Loan 2007 - 2008. 20 payments made before ceased payments.

 

Do I put this as one claim due to the refinancing and claim on each payment made,

or due to them selling the loan on,

can I claim for the entire PPI originally sold? 

 

Thanks

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Appreciated - working through the card first. On the Card Agreement form there is zero mention of PPI, so unsure of what interest rate to add. I have the following figures for APR

 

Transferred balance 2.54% APR fixed for six months

Monthly rate of 10.9% APR

Cash advances 13.2%

 

Assuming I put in 10.9%?

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Brill thanks - the statements they sent were *really* bad copies, so it's taken me ages to see and translate the interest payments. Done now - the average came out at 1.101 which on your link gave me an APR of 14.04 compounded and 13.22 non-compounded. Assume it's the second, so I've added those into the CIsheet and statint sheet. Ok to have a glance when you have a free mo? Thanks

 

Working on the loans now

StatIntSheet v101 2001 Card.xls CISheet v101.xls

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urm not sure what you've done on the statint sheet..

 

Credit Card PPI from 2000 - 2006: .......Use CISheet and input each PPI charge - set claim to date to when they stopped their int - then put that whole sum in statint sheet the day after

 

which should be the total from the CISHEET on the day after the CISHEETS claim to date?

 

rest looks ok

 


 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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hey good work.

 

now comes the difficult one

 

the refinanced loan..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX 😊 Yep, trying to get my head around this one. Will post up when drafted. 👍

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Ok, I've read through the guides and followed the process. The refinanced loan breakdown is as follows:

 

Loan 1 September 2005

 

Cash amount 8500. PPI 3454.15. Total 11,954.15

PPIPCM: 3454.15/11954.15x100=28.89% on each payment

 

Balance before refinancing = 12541.49

 

Loan 2: December 2006

Cash amount 14,934.02. PPI 6,372.18. Total 21,306.20

PPIPCM = 29.9

 

PPI from loan 1:  12541.49/21306.20x100=17% carried over into Loan 2 payments

 

As loan was sold, also including entire PPI premium from Loan 2.

 

Appreciate your thoughts when you've had the chance to glance through. Thanks.

 

StatIntSheet v101.xls

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upto line 35 is ok on statint.

 

your calc for loan 1ppi is wrong

 

and you don't put in the lump sum again either.

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks - I see where I mistyped the calc - redoing it this afternoon. 

 

Re not putting in the lump sum, can I double check on this post. 

 

 

Loan 2 was defaulted and sold to a DCA. What I took from that post is that I put the total amount of the PPI premium from Loan 2 into the spreadsheet. Have I misunderstood here?  

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you need to bear-in-mind that article is coming upon 10yrs old.

since then many OC's actually buyback the debt, sort the ppi out and resell.

the bottom line is you cant be refunded for something you didn't physically payback.

 

 

 

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Gotcha - I did think it was a bit of a longshot, but no harm in checking and really appreciate the clarification. Amending the spreadsheets this afternoon. Thanks 

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Thanks for linking to Dunnie's thread. I've copied his formatting to build my calculations out:

 

Loan 1 – September 2005

Borrowed                                        £8,500

PPI premium for loan 2                  £ 3454.15

---------------------------------------------------------

Total Loan 2 Amount                      £11,954.15

 

PPI proportion of loan 2 = £3454.15 / £11954.15 * 100 = 28.89%

 

Monthly repayment = £184.33

 

Therefore, PPI element of repayment = £184.33 * 28.89% = £53.25

 

14 payments of £53.25 Sep 2005 - Nov 2006 = £745.5

Payment in Oct 2006 is £204.33 with no explanation, so PPI is £59.03

 

Total PPI paid on Loan 1 = £804.53

 

PPI carried over to Loan 2: £3454.15 - £804.53 = £2649.62

 

 

Loan 2 – Feb 2007

Borrowed                                     £18,137.00

PPI carried over from loan 1      £2,649.62

PPI Premium £7,738.88

 

---------------------------------------------------------

Total Loan 2 Amount                 £25,875.88

 

PPI proportion of loan 2 = (£2,649.62 + £7,738.88) / £25,875.88 * 100 = 40.15%

 

Monthly repayment = £459.98

 

Therefore, PPI element of repayment = £459.98 * 40.15% = £184.68

 

Total PPI on Loan 2: 11 payments of £184.68 Feb 2007 - Dec 2007 = £2,031.48

StatIntSheet v101.xls

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30% PPI is really high

are you sure that's the PPI 3454.15 charged from the 1st statement or if from elsewhere without interest added?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Double checked - Scan attached from the September 2005 loan 

Screen Shot 2019-07-21 at 18.47.15.png

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wow 30% that extortionate

certainly the biggest ive ever seen.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Blimey, really? Makes me feel even more justified in claiming this all back! 😄

 

Did the recalculations look better on that last one? 

 

Just pulling together letters for the first loan and CC. They all go out with separate letters yes?

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you've set a claim to date you don't do that on the statint sheets. never touch that.

put the formula back in =TODAY() [under the formulas tab.]

 

you cant lump together rollover of PPI1 and sep ppi loan2

 

show each as sep PPI payment every month 

label PPI Rollover from loan 1

then PPI Loan 2

 

pers I wouldn't put all that detail in the description

 

as for the done claims

sep for each in one env.

 

Covering letter

spreadsheets

FOS CQ

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX - amended as per your guidance. 

 

Loan 2 – Feb 2007

Borrowed                                      £18,137.00

PPI carried over from loan 1      £2,649.62

PPI Premium                                £7,738.88

 

---------------------------------------------------------

Total Loan 2 Amount                 £25,875.88

 

PPI Rollover from Loan 1 = £2649.62 / 25875.88 * 100 = 10.24%

PPI  of loan 2 = £7,738.88 / £25,875.88 * 100 = 29.91%

 

Monthly repayment = £459.98

 

Therefore, PPI Rollover from Loan 1 = £459.98 * 10.24% = £47.10

PPI of Loan 2 = £459.98 * 29.91% = £137.58

 

------------------------------------------------------------

 

Just to confirm, I don't complain to Canada Square first, I go directly to FOS? 

 

The reasons I was going to put in the letter:

Egg card - never knew I had PPI, nobody told me (not on the agreement form)

Egg Loan 2001 - never knew it was in there, not told by salesperson (PPI is on agreement form though)

Egg Loan 2005/6 - was self employed at time, implied to me PPI part of loan

Sound right? 

 

Thanks

 

 

 

StatIntSheet v101.xls

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