lloydstsb credit card ppi

[cougar25]

Another day another claim lol!!

 

After claiming back bank charges and also helping my girlfriend claim back her ppi with hsbc (successfully i might add:D ) i feel its now time to tackle my own credit card ppi that i didnt even know i had till reading about it on this forum,...

 

Basically i have already cancelled the ppi from my card, issued a sar

and also a non compliance after they only sent me part information.

 

i am now in reciept of 6 years of statements and have found they owe me £1162 plus £220 if you add on 8% (not sure if i should do this or not)

 

I am looking to claim my money back on the grounds i didnt ask for it, nor did i understand i had it.

 

I havent made any furthur progress because im not sure if i should ask for the original application form before i ask for my money back?

 

any help gratefully recieved.

[cougar25]

Actually having had a look at the contractual interest side of things, have decided this is probably the best route :? but my maths is poor,...my monthly rate for cash withdrawls is 1.496% i make the apr 19.5% is that right,...??

 

and how do i convert that to a daily rate for the simple spreadsheet?

[cougar25]

ok have done some reading on the forums and have found that i can claim the highest contractual rate of interest on my account which in their own t&c's is 24.9%.

 

I had some difficulty in figuring out how to enter this rate into the spreadsheet from cag, but think ive done it right. i just changed the 0.00022 in the spready formula to 0.00068.

 

(24.9%/365=0.068%,.......which as a decimal is 0.00068???)

 

If someone could check this that would be great.

 

[hellhasnofury]

ok have done some reading on the forums and have found that i can claim the highest contractual rate of interest on my account which in their own t&c's is 24.9%.

 

I had some difficulty in figuring out how to enter this rate into the spreadsheet from cag, but think ive done it right. i just changed the 0.00022 in the spready formula to 0.00068.

 

(24.9%/365=0.068%,.......which as a decimal is 0.00068???)

 

If someone could check this that would be great.

 

Hello cougar,

 

If you use the vampress spreadsheets, It connects you to Google spreadsheets, you can put the interest rate at 24.9%

and it will work it out as well as the daily interest:-D

[cougar25]

hi thanks for your help again hell.

 

have tried vampress' links and nothing seems to work. could well be a problem at my end though.

[cougar25]

just a quick update to say that i have sided with caution and asked for a copy of my application/credit agreement. will wait with baited breath to see what they send (if anything)

[cougar25]

seem to be getting the run around at the moment,.. they sent me two letters telling me that i have already recieved the information and also one about there being no manual intervention on my account??

 

i asked for a copy of my agreement not a load of old cobblers!!

 

am a bit busy at the mo (trying to sell up and buy another place)

so will get back to them asap.

[vonnie32]

Be interested to hear how you get on, I am contemplating a similar case against BOS.

[cougar25]

Be interested to hear how you get on, I am contemplating a similar case against BOS.

 

good to know my post is helping people, will keep you posted.

[DOBBYDOG]

Subscribing X

[cougar25]

am looking on the site for a template letter for non compliance when asking for a copy of a credit agreement/ application form and will send today or tomorrow if i get time.

if anyone has anything they can suggest feel free:)

[cougar25]

will post this tommorrow many thanks to the people i borrowed bits from ,..you have a much better way of putting things than myself!!

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxxxxxxxxxx

 

I refer to my letter dated xxxxxxxxx.

 

In my letter ,I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your Company commit an offence. These time limits expired on xxxxxxxxx and xxxxxxxxx respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

I again request a copy of the signed, executed credit agreement for the above numbered account and as a good will gesture, am offering another 7 days to comply before I seek further action.

 

Enclosed is a cheque for £1

 

Yours faithfully,

 

 

Hope this will do the trick. will post the reply as soon as i recieve one.

[hellhasnofury]

will post this tommorrow many thanks to the people i borrowed bits from ,..you have a much better way of putting things than myself!!

 

 

 

Hope this will do the trick. will post the reply as soon as i recieve one.

 

 

Hello Cougar,

 

Have they breached the 12+30 compliance, if so report them to trading standards and the office of fair trading. They will probably acknowledge your complaint and do naff all, but it will put another nail in the companies coffin.

[cougar25]

Hello Cougar,

 

Have they breached the 12+30 compliance, if so report them to trading standards and the office of fair trading. They will probably acknowledge your complaint and do naff all, but it will put another nail in the companies coffin.

 

yes the date from the first cca request was 07/08/2007.

 

They did reply but with some rubbish about not having any manual intervention on the account??

 

have no idea what they were on about, nor do they i suspect!

they even sent my cheque back with a note saying "you already have your statements"

 

i get the feeling they cant produce as they sent me two letters with two different fob off's!!! one letter with the cheque and the other about manual intervention.

[hellhasnofury]

yes the date from the first cca request was 07/08/2007.

 

They did reply but with some rubbish about not having any manual intervention on the account??

 

have no idea what they were on about, nor do they i suspect!

they even sent my cheque back with a note saying "you already have your statements"

 

i get the feeling they cant produce as they sent me two letters with two different fob off's!!! one letter with the cheque and the other about manual intervention.

 

Hello Cougar,

 

Interesting that they sent the £1 cheque back and have written back with no mention of the ca, just the statement. Bet they even deny receiving it, as nothing they do would surprise me.

I would possibley follow this up with a letter reminding them, what a cca request is, when you sent it, and they are now in default:D Also enclose the £1 Statuatory fee and demand that they cash it.

[cougar25]

Hello Cougar,

 

Interesting that they sent the £1 cheque back and have written back with no mention of the ca, just the statement. Bet they even deny receiving it, as nothing they do would surprise me.

I would possibley follow this up with a letter reminding them, what a cca request is, when you sent it, and they are now in default:D Also enclose the £1 Statuatory fee and demand that they cash it.

 

Ok,..

i have not recieved a thing from the cca request apart from the babel afore mentioned.

So i know i have to report this to the trading standards which i will of course do.

Do you think i should now hit them with a request for the ppi back,.. along with evidence of them breaking the law?

or should i go another way about it?

[hellhasnofury]

will post this tommorrow many thanks to the people i borrowed bits from ,..you have a much better way of putting things than myself!!

 

 

 

Hope this will do the trick. will post the reply as soon as i recieve one.

 

Hello Cougar,

 

Just noticed, sorry

 

I think the mis-understanding could be here. in the letter you send them for the ca. You have put Section 7 Data protection Act.

The request for your credit agreement comes under Section 77-78 of the Consumer Credit Act 1974.

 

Maybe that has caused the confusion, or they are being blatantly pig headed and picked up on this.

[cougar25]

Hello Cougar,

 

Just noticed, sorry

 

I think the mis-understanding could be here. in the letter you send them for the ca. You have put Section 7 Data protection Act.

The request for your credit agreement comes under Section 77-78 of the Consumer Credit Act 1974.

 

Maybe that has caused the confusion, or they are being blatantly pig headed and picked up on this.

 

thanks for picking up on that i had no idea!!!

Whoops!!

I guess i should issue another letter?? Or do you think the text of the letter will be enough to take this further?

[hellhasnofury]

thanks for picking up on that i had no idea!!!

Whoops!!

I guess i should issue another letter?? Or do you think the text of the letter will be enough to take this further?

 

Hello Cougar,

 

I would be self explanatory, if they read it. Maybe just to be on the safe side, send a non-compliance to them.

[cougar25]

Hello Cougar,

 

I would be self explanatory, if they read it. Maybe just to be on the safe side, send a non-compliance to them.

 

ok ive given them all the time in the world and they havent even replied to my request for a full refund.

 

have spoken to trading standards and they have agreed with no credit agreement there is nothing they can do to enforce the agreement, but on the flip side, its hard to say that i didnt realise i was paying for it if its clearly displayed on statements. They advised going through fos or the fsa but with their backlog im thinking about putting it straight to mcol.

 

Anybody agree with me or should i put the Letter Before Action on hold?

[hellhasnofury]

ok ive given them all the time in the world and they havent even replied to my request for a full refund.

 

have spoken to trading standards and they have agreed with no credit agreement there is nothing they can do to enforce the agreement, but on the flip side, its hard to say that i didnt realise i was paying for it if its clearly displayed on statements. They advised going through fos or the fsa but with their backlog im thinking about putting it straight to mcol.

 

Anybody agree with me or should i put the Letter Before Action on hold?

 

Hello Cougar,

 

I would certainly speak to the fsa and the fos for advice. As you know there will be a waiting time with the fos. Have you sent the LBA letter to them. If not I would giving them 14days and then think about the fos (with the fos route you have to have received a final response letter or deadlock before they will investigate and the loan had to be taken out around/ after 2004) or your other option is a courts issue. Personally I feel that you are better to use the N1 form for your particulars of claim, as the mcol is not big enough.

[Fred Bassett]

Subscribing.

[jlou2003]

well done lets us know how you get on....i think im going to bite bullet & tackle them.

[cougar25]

sorry for the time delay but these things are rarely quick!!

 

ok i decided to issue a Letter before action, which i did in the middle of november giving them 14 days ,...they replied on the 4th december!! luckily i had been working 12 hour shifts at work and didnt have enough time to prepare anything:rolleyes: . this is their reply :-

 

Thank you for your further letter dated xxxxxxx

 

I would like to start by offering you my sincere apologies for the delay in responding to you.

 

Enclosed is a copy if your signed Credit Card Agreement, as requested.

 

In recognition of the time that it has taken to provide you with this and any out of pocket expenses that you have incurred, I have credited your account with £40.00.

 

 

 

now the enclosed credit agreement is not my original agreement,...however, it is one that i signed when i upgraded my credit card to a supposedly better card???

The most important thing on this whole agreement is the payment protection section which has no tick in either box yes/no.

 

i assume that the reason they sent me this agreement is because they dont have the original or perhaps this supercedes the original im not sure. it does seem clear to me that if i decide to take them to court, an incomplete credit agreement would suffice as evidence?:grin:

[ukaviator]

Looks like you have a claim there for the refund plus interest on the PPI payments. If you have'nt ticked the box, then no PPI can be taken.

 

Does it have all of the terms on the paperwork.?