Jump to content


  • Tweets

  • Posts

    • Heres a point, while we wait for @theoldrouge to condemn rather than promote and support right wing bigots spouting genuine and clear monstrous antisemitic rhetoric ... Isn't it actually specifically unlawful to promote violence against politicians on top of laws to criminalise such things? ... As is reported happening in these closed facebook groups run by Tory staff and where a Tory police minister and the Tory London mayor candidate are members and post?   .. or do the Tories (seemingly like tor) only promote laws for protecting the hate spouting hard right ?   "“Some of these (Tory facebook groups) posts constitute the most appalling racism and I would urge the Conservative Party to swiftly distance itself from these hate-filled groups and urgently investigate what role any Conservative politicians and officials have played within them. “Susan Hall and the Tory MPs who have belonged to these groups need to come out and explain why – and to denounce the content they have tacitly endorsed by their membership.” "Reporters found widespread racism and Islamophobia as well as conspiracy theories and celebrations of criminal damage on the pages, including sharing the white supremacist slogan and antisemitic videos. " "Unearthed found that 46 out of the 82 admins have clear links to the Tory Party, including a recent digital campaign manager for the party and a conservative activist. Conservative councillor for Haywards Heath, Rachel Cromie, is an admin on all the groups. "     Also interesting that Facebook groups opposing 20mph speed limit in Wales are being run by English Tories   Conservative-run anti-Ulez Facebook groups hosted racist and Islamophobic posts - Unearthed UNEARTHED.GREENPEACE.ORG Tory staff running Facebook groups described as 'cesspits of vile racism' WWW.THENATIONAL.SCOT TORY staff and activists are running Facebook pages which are riddled with white supremacist slogans and Islamophobic attacks... Conservative-run anti-ULEZ Facebook groups are rife with racist and violent posts   Conservative-run anti-ULEZ Facebook groups are rife with racist and violent posts - London Post LONDON-POST.CO.UK A coordinated network of 36 Facebook groups opposing London’s ultra-low emission zone (ULEZ), run by Conservative councillors and...  
    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

lloydstsb credit card ppi


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5596 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

seems i got the wrong end of the stick entirely with sectiong,..my fault for not looking to see how other people have managed section g on the forum. have found some absolutely excellent information and guides on how to do this, ... so much so ive asked the court to strike out the defence because of the way in which lloyds handle cases like these by stalling and abusing the system e.t.c.

 

Am feeling much happier about this now, even if the judge feels this not appropriate, i still feel like ive got my point across,..lol

 

Let this be a lesson to me to read the forum first RTBF (read the bloody forum):D

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

  • 1 month later...
  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

ok update for all you guys that are following this still,..and thanks to all of you that are and have given me advice thus far.

 

i now have a date set for the hearing, which is the 31st july.

 

i have untill 14 days before the hearing to supply all documents.

 

am a bit concerned about my readiness for such an event as im still learning as i go.

 

have to pay 150 quid by 26th june.

 

the thought of going to court is daunting and you can see why lloyds fight theses cases this way!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

bump!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

ok update for all you guys that are following this still,..and thanks to all of you that are and have given me advice thus far.

 

i now have a date set for the hearing, which is the 31st july.

 

i have untill 14 days before the hearing to supply all documents.

 

am a bit concerned about my readiness for such an event as im still learning as i go.

 

have to pay 150 quid by 26th june.

 

the thought of going to court is daunting and you can see why lloyds fight theses cases this way!!

 

Hello Cougar,

 

Get reading and educating yourself. There is lots of useful information in this link

 

Useful Documents for PPI Bundles

 

Keep us posted and any questions, ask:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

  • 2 months later...

ive brought guide for small claims by patricia pearl and have educated myself a bit, so i feel more confident as to how i procede now.

the court hearing was adjourned as i was in the process of moving and was disorganized and busy to say the least.

court date is now set for sptember 22nd and i am working on getting all my documents together for the court bundle.

 

bit of a problem because i had a pc crash and lost some of the information about letters that i sent and recieved,..as i was keeping track!!

 

luckily i have most of what i need printed off!!

 

I would love to pick some peoples brains at this point.

 

there is really 2 issues.

 

firstly they mis sold ppi to me.

 

and secondly they took too long with the cca request.

 

im thinking i may have missed the main point here,.which is that under the credit act, an agreement cant be enforced after the 12+30 days rule, shouldnt i be aiming to void the entire agreement as apposed to claiming back ppi?

 

would appreciate a quick response here as i have to have my court bundle prepared asap to send off.

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

ive brought guide for small claims by patricia pearl and have educated myself a bit, so i feel more confident as to how i procede now.

the court hearing was adjourned as i was in the process of moving and was disorganized and busy to say the least.

court date is now set for sptember 22nd and i am working on getting all my documents together for the court bundle.

 

bit of a problem because i had a pc crash and lost some of the information about letters that i sent and recieved,..as i was keeping track!!

 

luckily i have most of what i need printed off!!

 

I would love to pick some peoples brains at this point.

 

there is really 2 issues.

 

firstly they mis sold ppi to me.

 

and secondly they took too long with the cca request.

 

im thinking i may have missed the main point here,.which is that under the credit act, an agreement cant be enforced after the 12+30 days rule, shouldnt i be aiming to void the entire agreement as apposed to claiming back ppi?

 

would appreciate a quick response here as i have to have my court bundle prepared asap to send off.

 

Hello Cougar,

 

Hope you are well:D

 

As regarding the credit agreement, did they breach the time limit on the section 77/78 request, but came up with it in the end,

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hello Cougar,

 

Hope you are well:D

 

As regarding the credit agreement, did they breach the time limit on the section 77/78 request, but came up with it in the end,

 

yes im thankyou. Glad to hear from you again :D

 

yes thats what they done.

 

im also curious, even if a credit agreement cant be enforced, does this just mean they dont have the power to force you to pay up, so the debt will still exist and show up on your credit file?

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

yes im thankyou. Glad to hear from you again :D

 

yes thats what they done.

 

im also curious, even if a credit agreement cant be enforced, does this just mean they dont have the power to force you to pay up, so the debt will still exist and show up on your credit file?

 

Hello Cougar,

 

My understanding of a breach of section 77/78 is that if they fail to respond within the given timescales, they have breach the cca, the account can be put into legal dispute by the debtor and creditor cannot taken any action to enforce the debt via the court. This is only until such a time as they do produce it.

 

The credit agreement once produced must contain the prescribed terms under differing sections of the cca for it to be enforceable

 

~The debt will still exist and yes they will probably breach the OFT debt collection guidence and show this on your credit file as a default and then sell it on to a dca:evil:

 

You can dispute this with them and ultimately sue them for a breach of the dpa. Depends if you like the fight. I do:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Depends if you like the fight. I do:-D

 

lol,.. i smell instigation!!

 

Thanks for your reply,..thats really helped me understand the situation.

 

Normally i would be up for the fight but i dont think it would suit my circumstances at the moment to risk damaging my ever so slowly recovering credit file!

ive only just sold the house and am attempting to become clear of my debts,..no thanks for northern rock for adding redemption penalty after refusing to port mortgage!! but thats another issue and one you might see posted anytime soon!

 

ive put together my court bundle and have sent it off today to the court and lloyds' solicitors.

 

its strange,... i dont even know what the inside of a court room looks like,...im quite looking forward to it!!:grin:

 

best regards

cougar

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

lol,.. i smell instigation!!

 

Thanks for your reply,..thats really helped me understand the situation.

 

Normally i would be up for the fight but i dont think it would suit my circumstances at the moment to risk damaging my ever so slowly recovering credit file!

ive only just sold the house and am attempting to become clear of my debts,..no thanks for northern rock for adding redemption penalty after refusing to port mortgage!! but thats another issue and one you might see posted anytime soon!

 

ive put together my court bundle and have sent it off today to the court and lloyds' solicitors.

 

its strange,... i dont even know what the inside of a court room looks like,...im quite looking forward to it!!:grin:

 

best regards

cougar

 

Yes Cougar, you are very correct in not jumping out of the frying pan into the fire, unfortunately for me I have no choice, I have to fight to keep them at bay, oh and get back the pound of flesh they took from me.

 

As for the inside of a court, I too had never previously been inside a court before this year, and I have now been twice. I felt that it was very informal, just like telling your story, but knowing about the relevant legislation. Little bit daunting, but if you do your homework you will be fine.

 

Good luck and keep us posted:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

thanks for all the advice youve given you really are a star!

 

I remeber you saying some months ago about a similar claim you were starting,..have you won your arguement?

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

  • 3 weeks later...

COURT TOMORROW!!!

 

Am preparing an opening statement,..if anyone has any tips, it would be appreciated.

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

COURT TOMORROW!!!

 

Am preparing an opening statement,..if anyone has any tips, it would be appreciated.

 

Hello Cougar,

 

Sorry just got your post, When you say an opening statement, do you mean a skeleton arguement.?????

 

This is one I did to lift a stay of the abbey court case I have, it may give you an idea. You need to amend it to your case. It is just like bullet pointing the main principles of your arguement. If you look at your witness statement you can grasp the main points. Maybe put something like

 

Claim no xxxxxxxxxxxxx In the xxxxxx County Court

 

Cougar (Claimant)

and

 

 

xxxxxxxxxxxxxxxxxxx

SKELETON ARGUMENT FOR THE CLAIMANT(Litigant in person)

 

In the proceedings on 25th February 2008 at 12.30pm of the Claimant’s xxxxxxx.The Claimant will rely on the following submissions:

1.) Put your main points.briefly

 

signed Date

 

Ask permission to give the Judge one and the defendants one too.

 

This will help you as a check list to also keep you on track:-D

 

Before you go in, the defendant may approach you to talk to you. Tell them unless they are prepared to settle your complaint now, you are not prepared to open into discussions with them, as their ploy maybe to undermind your confidence before you go infront of the judge:rolleyes:

 

Stay strong, and take a deep breath and think before you speak. Have the confidence that you are right and they are wrong. You only want fairness and a return of your money to put you into a position that you where in before they mis-sold you ppi. Remember to mention the investigations of the oft and the fsa and the matter now being investigate by the commissioners office:-D They all can't be wrong can they:p

 

Good luck and I will be thinking of you and sending positive vibes:D

 

 

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

many thanks hhnf!!

have just got back from the court.

 

The first thing the judge said was that the claim should be taken as 2 parts. The first agreement which was selected for ppi and the upgrade agreement which was not.

he went on to say that he felt fraud was a very serious allegation to make and that he suspected i meant that i was mis lead or perhaps not given the appropriate information,.. which i agreed to. so fraud allegation was dropped.

 

he then asked if the application form was filled out by myself to which i replied no as the account manager did this for me. At which point i suddenly realised that this was one point i didnt make clear,...(i know ,..dumbass)

the judge ordered a statement from me to be sent to the court and the defendent naming names and exactly how the application was conducted.

so he adjourned until the next available date.

 

He gave me and the barrister the impretion that the second part of the case relating to the upgrade agreement was substantially more solid than the first. therefore he recommended that the barrister talk to the legal team to see if they would like to make an offer to me on that basis. Afterwards the barrister stated that he would make the phone call if i agreed that i would accept part payment from the date of the second application,..to which i told him not to make the phone call on that basis.

 

therefore i now have around 2-3 weeks to prepare a statement and send off to other parties, and await a reply.

 

he also went on to say that the case is concerning damages plus interest,..not charges? not 100% sure how this affects the contractual interest claim?

 

and also he said that the next course of action for the defense would most likely be course of dealings. which i believe means that the ppi apeared on my statements and i should have noticed it.

 

apparently the barrister informed me that the main thing concerning the bank was the allegation of fraud. As this is so serious they almost have to prepare a defense. so in a way the main theme of their defense i feel was not relevant.

the judge seems to think that now there is going to be statements involved, the next time we come to court will take the full 2 and a half hours!!:eek:

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

many thanks hhnf!!

have just got back from the court.

 

The first thing the judge said was that the claim should be taken as 2 parts. The first agreement which was selected for ppi and the upgrade agreement which was not.

he went on to say that he felt fraud was a very serious allegation to make and that he suspected i meant that i was mis lead or perhaps not given the appropriate information,.. which i agreed to. so fraud allegation was dropped. MMMhh there has been discussion in the stickies re the fraud angle, and how kind was the judge to highlight this for you and allow you to drop this

 

he then asked if the application form was filled out by myself to which i replied no as the account manager did this for me. At which point i suddenly realised that this was one point i didnt make clear,...(i know ,..dumbass)

the judge ordered a statement from me to be sent to the court and the defendent naming names and exactly how the application was conducted.

so he adjourned until the next available date. I do believe this judge was looking out for you and what an excellent move. Bet the bank will really love him for that one, Maybe commission springs to mind!!!!!!!!!! be nice to find some info on this.

 

He gave me and the barrister the impretion that the second part of the case relating to the upgrade agreement was substantially more solid than the first. therefore he recommended that the barrister talk to the legal team to see if they would like to make an offer to me on that basis. Afterwards the barrister stated that he would make the phone call if i agreed that i would accept part payment from the date of the second application,..to which i told him not to make the phone call on that basis.

 

Good for you, still trying to wriggle out of fairness

 

therefore i now have around 2-3 weeks to prepare a statement and send off to other parties, and await a reply. Loads of time what does he want you to put in relation to the statement

he also went on to say that the case is concerning damages plus interest,..not charges? not 100% sure how this affects the contractual interest claim? Possibly doesn't. Does he mean that the resultant factor of them mis-seling the ppi caused you damage.

 

and also he said that the next course of action for the defense would most likely be course of dealings. which i believe means that the ppi apeared on my statements and i should have noticed it. No I disagree on that one. The agreement forwarded possibly already had the ppi applied and was given to you for signature, therefore not optional, did you ever receive the policy documents or the terms and conditions for review.

 

apparently the barrister informed me that the main thing concerning the bank was the allegation of fraud. As this is so serious they almost have to prepare a defense. so in a way the main theme of their defense i feel was not relevant. Oh they sent a barrister, well he/she didn't get very far

the judge seems to think that now there is going to be statements involved,probably more denials and untruths. the next time we come to court will take the full 2 and a half hours!!:eek:

 

Well Cougar, went to court today and survived. Hey and don't call yourself names, how brave are you to do this:D

 

By what you have said, I think that you have had a fair judge, who appeared to be clued up with these institutes.

 

Have you thought about asking for evidence of commission based incentatives for employees, under the CPR and put them to strict proof of this.

 

Anyway well done, Maybe have a glass or two of wine tonight and then start your homework to get things watertight.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Well Cougar, went to court today and survived. Hey and don't call yourself names, how brave are you to do this:D

 

By what you have said, I think that you have had a fair judge, who appeared to be clued up with these institutes.

 

Have you thought about asking for evidence of commission based incentatives for employees, under the CPR and put them to strict proof of this. I dont know about cpr, can i do this? i wouldnt want to offend the judge. do you think i should do this? i seen barristers walking around with books 2 inches thick on Civil procedure rules!!

 

Anyway well done, Maybe have a glass or two of wine tonight and then start your homework to get things watertight.:D

 

and also he said that the next course of action for the defense would most likely be course of dealings. which i believe means that the ppi apeared on my statements and i should have noticed it. No I disagree on that one. The agreement forwarded possibly already had the ppi applied and was given to you for signature, therefore not optional, did you ever receive the policy documents or the terms and conditions for review.

I believe i really need to work on this bit,..the judge made the first part of the claim sound very weak indead. I need to make the points you raise crystal clear in the statement.

 

and you can bet your life im taking a break tonight,..lol

when i got home i couldnt think,..its great being able to talk to like minded individuals in this situation!!

as allways hhnf i appreciate all your advice,.

Am going to attempt a draft statement tomorrow morning,..so ill check in tomorrow to let you know how its going.

best regards

cougar

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

Hello cougar,

 

well done on the court stuff. I am going down the FOS route which will take longer but I still have the court option left if the FOS do no uphold my complaint.

 

Hope you get everything tied up for round 2 and I am positive hhnf will be a great help to you.

 

No doubt I will become more familiar with the Court stuff in the future.

 

Keep on with the fight.;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Here is a link to the cpr

 

http://www.justice.gov.uk/civil/proc...enus/rules.htm

 

I am unsure as to whether or not it is too late to ask for information and evidence towards commission based selling from them. I will keeping looking for something.

 

I have posted up a question of the legalities section with a link to your thread to so if we can get assistance from those who are in the know:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

excellent many thanks ,..

where would i be without you!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

Hi Caugar25

 

I think the part of the CPR you require is:

 

PRACTICE DIRECTION – FURTHER INFORMATION - This Practice Direction supplements CPR Part 18

 

An example:

 

http://www.4-front-removals.co.uk/particularsrequest.pdf

 

Regards

 

e_inspired

Edited by e_inspired
Added link to example
Link to post
Share on other sites

Hi Caugar25

 

I think the part of the CPR you require is:

 

PRACTICE DIRECTION – FURTHER INFORMATION - This Practice Direction supplements CPR Part 18

 

An example:

 

http://www.4-front-removals.co.uk/particularsrequest.pdf

 

Regards

 

e_inspired

 

many thenks e

 

i think your right. i think part 18 would cover making a request before the hearing. i'm going to draft a request, and send it with my statement. this should (if im right) strengthen the first part of my claim, with regards to tackling the course of dealings issue.

 

Many thanks for the example too!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

Here you go, amend to suit.

 

 

 

CLAIM NUMBER: *******

In the XXXXXXX COUNTY COURT

 

Between:

 

[YOU]

Claimant

 

 

 

 

-And-

 

 

 

LlOYDSTSB

Defendant

 

 

_______________________

 

 

REQUESTFOR INFORMATION AND

 

 

CLARIFICATION UNDER CPR PART 18

_________________________ _____

 

DATE OF SERVICE: [date sent]

This request for information under CPR part 18 is served notwithstanding anticipated future track allocation. I believe that the court would consider this request as appropriate in the context of clarifying matters to which your Defence directly refers. In the event you ignore or do not comply fully with this request, a formal application may be submitted to the court for an order under part 18.

1. Please provide copies of the terms and conditions governing the account in question and which are referred to in your Defence. The terms and conditions required are those that formed the contract between the Claimant and Defendant covering the entire period from when contract was first entered into until the present day, including amendments or alterations where appropriate.

 

2. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence, please provide full details (with all relevant supporting documentation) of any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim.

 

3. If the Defendant employs or operates any system, either automated or manually operated or otherwise, which is used to assess, audit, track or refine the costs or "administrative expenses" of dealing with current accounts incidents - in particular any delinquency incidents, such as refusal or otherwise of direct debits, referral of cheques for any reason, refusing or permitting any formally agreed overdraft limit to be exceeded or any other delinquency event, such a systems existence is required to be confirmed and named and full details given.

 

4. The Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant.

 

5. The justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

6. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the claimant.

 

7. Please confirm whether charges are applied automatically.

 

A full response to each and every point of this request should be served within 14 days, by [date].

Please note that the response must be verified by a statement of truth.

 

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Many Thanks UKA, you are so helpful:D

 

Cougar, this one is for bank charges, so as the very good UKA has stated, amend it to your own case regarding commission based selling

  • Haha 1

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

thanks guys, this is amazing.

 

i have drafted a part 18 request this morning. i have purpously kept it short so that i dont annoy the judge by asking for lots of information in a short timescale.

 

see what you think.

 

CLAIM NUMBER: XXXXXXXX

In the xxxx COUNTY COURT

 

Between:

XXXX

Claimant

 

 

-And-

 

 

LloydsTSB

Defendant

_______________________

REQUESTFOR INFORMATION AND

CLARIFICATION UNDER CPR PART 18

_________________________ _____

 

DATE OF SERVICE: [date sent]

This request is for information under CPR part 18. I believe that the court would consider this request as appropriate in the context of clarifying matters to which your Defence directly refers. In the event you ignore or do not comply fully with this request, a formal application may be submitted to the court for an order under part 18.

1. Please provide evidence of all bonuses and commission based incentives offered to the employees of the defendant in relation to the sale of its products or services and in particular that of payment protection insurance.

 

2. In addition please disclose the sales targets of the employees of the defendant in relation to its products or services and in particular that of payment protection insurance.

 

3. Please disclose If the Defendant employs or operates any system, either automated or manually operated or otherwise, which is used to monitor,check or supervise the sale of payment protection insurance to ensure that errors omissions and misrepresentations are noticed.

 

A full response to each and every point of this request should be served within 14 days, by [date].

Please note that the response must be verified by a statement of truth.

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...