lloydstsb credit card ppi

[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

[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.

[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.

[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.

[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.

[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.

[hellhasnofury]

have sent them a letter yesterday with a copy of the credit agreement and also a new updated schedule of charges including interest. this baby is only going to get bigger the more they drag it out.

 

Maybe common sense will play its part now and ill get my money.

 

Hello Cougar,

 

Did you tell them you would accept their insulting payment of £40 to fob you off as part settlement only, and you want the rest. Or did you acept it as a complimentary reward for the time and effort they have made you do.

[hellhasnofury]

A cagger after my own heart, Good for you. I'd have done the same:D

 

So what happening with the ppi refund now???

[hellhasnofury]

ok the time ith near,...

 

i know the postal system is rubbish at the moment, but i have given them too much time as it is. I have all the evidence i need to take them to court so im gonna prepare for it.

 

I think i was advised to not use MCOL because the POC is limited in size. Can anyone tell me if this would still be the issue given the circumstances im not really sure how to word it so am not sure how long it would be.

 

any help gratefully recieved.

 

Hello Cougar,

 

Hope you are well and still fighting the good fight:D

 

The MCOL is very limited as to the wordage limit, so you are best to use the good old fashioned N1. You will find one in the Bank Template sticky on the main page. You are best to do your poc on a separate sheet of paper and then copy and paste it on to the N1, as you cannot save any data on the N1.

 

I would have thought that the poc would be rather long, you will find lots of useful information in the stickies on the ppi forum. I too am looking a doing a poc for mis-selling of ppi.

 

So we will help each other:D

 

Payment Protection Insurance (PPI) Claims

[hellhasnofury]

ok have nearly completed the poc,...however,....

 

i am stuck!!

 

as i have the application/credit agreement do i refer to this in the poc,....and send it too ,...or does this come at a later date:confused:

 

Yours confuused and wonderingly

cougar

 

Hello Cougar,

 

Where did you get the template poc from???????? Its not the bank charges one is it. Is it this one or have you put it together yourself

 

Draft POC Template

 

If the application/credit agreement is going to strengthen your claim, then add it. Will you remind me again about the application form.ca again.

 

If this is added to your poc, you don't have to send the ca to the court, you retain it for your court bundle.

 

When you finish the poc on the N1, you print off 3 copies, attach a spreadsheet of figures to each one, send all of them to your local court with the appropriate fee. The court will stamp them, file them for issue and then you just sit and wait for the defendant to acknowledge the claim, I think they have 14days to acknowledge and a further14/28 days to admit or defend the claim.

 

Have you mentioned the misrepresenation act in you poc???????

[hellhasnofury]

im sure it would be wise to get prepared for court but im not sure how the system works,..i.e what i need when i show up to court.

or indeed if i need to put forward any more evidence or copy's of letters? im sure ive got it all somewhere.

they have quoted halliday vs hbos in there defence of the contractual interest claim. from what ive read about this case this guy was claming compound interest not contractual at a dailly rate which is what i have done.

????

 

Hello Cougar,

 

Has the Judge issues their instructions??? You normally submit your court bundle 2weeks prior to the trial date.

 

Have a look around for cases regarding contractual interest. Is their one called Sempra.

 

I feel that there is no problem with you asking for interest at their contractual rate, its what they charged you. If it does become a problem just ask for the statutory 8% interest on the day (if it ever gets that far)

[hellhasnofury]

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

[hellhasnofury]

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,

[hellhasnofury]

yes im thankyou. Glad to hear from you again

 

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

[hellhasnofury]

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:

[hellhasnofury]

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

 

 

[hellhasnofury]

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!!

 

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.

[hellhasnofury]

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

[hellhasnofury]

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

[hellhasnofury]

UPDATE,,...

I sent the statement off that i had to,..and also enclosed the cpr part 18 request for information.

And Ive recieved an offer in the post today for about half of the total claim including 8% interest.

So,. ill be sending them a refusal letter asap, informing them that i require total amount including contractual interest.

 

Hello Cougar,

 

Progress at last:grin:

 

Hey don't send them a refusal letter, send them a letter accepting their offer as part settlement, but you will pursue them for the rest:grin: to resolve your complaint

[hellhasnofury]

Hey Cougar,

 

Any update on this please:D

[hellhasnofury]

Hello Cougar,

 

You are truely on the right side of this now:D. Have you done a list for yourself to prompt your strong points of arguement:D

 

Do not allow the others side's barrister to undermind your confidence before you go in front of the judge. Tell them the only conversation you will have with them is to settle the matter on your terms:D ie the cough up the money.

 

 

Take a deep breath and think before you speak:-D

 

I will be thinking of you and wishing you good fortune and success:-D

[hellhasnofury]

HEY ,..After a bit of a sulk i have calmed down only to realise that actually i now see what they are saying.

 

Ive just done the calculations, and actually 4% on the whole amount is actually the same as 8% calculated daily all bar about £100. so all is not lost.

 

I feel much better for knowing that,..and i know claiming the extra interest would be nice, but its done now and i just have to except it.

 

HHNF ONCE AGAIN YOUR A STAR, SORRY I DIDNT THANK YOU EARLIER.

I would never have had the stomach for all this without your constant support and advice. The court process is enough to drive anyone mad.

 

And maybe i didnt get what i wanted but i now have invaluable knowledge into the justice system and what to expect the next time an institution crosses my path!!

 

BRING IT ON !!

 

thanks to all who posted on this thread,..LONG LIVE CAG!!

 

Hello Cougar,

 

I am glad you are a bit happier with the result:-D and don't forget how brave and clever you where to start this process in the beginning and you took them to the wire and won:grin:

 

Don't forget to post on the success thread