lloydstsb credit card ppi

[cougar25]

yes it has the banks copy of credit card conditions which details main financial particulars, what to do if i lose my card and also how they use my data.

im thinking i should now point out this to lloyds and see if they make an offer within 14 days, if not take them to court?

ive never made a claim using mcol before and am a bit concerned about

the poc, but would really like to get this moving. i might ask for some help from sombody with this if it gets to that stage.

[Fred Bassett]

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.?

 

Is a tick in the box sufficient or should the PPI be subject to a separate signature?

[cougar25]

Is a tick in the box sufficient or should the PPI be subject to a separate signature?

 

i see your point fred, but i can tell you that there is only one signature on the application form. so hopefully im safe.

[cougar25]

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

 

can someone tell if i should be carefull about the £40 they have credited to my account? should i take this as part settlement or can i just pocket it?

[cougar25]

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.

[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.

[cougar25]

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.

 

hi there hell

long time no see!

well on the letter they sent, it did say, " in recognition of the time it has taken to provide the credit agreement and any out of pocket expenses ive incurred," so um yeh,..its in my pocket!!

[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???

[cougar25]

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

 

So what happening with the ppi refund now???

 

im playing a waiting game again now. they must know my arguement is valid,..so it will be interesting to see what their next time waster is going to be!!

[cougar25]

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.

[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

[cougar25]

sounds good to me, am starting work on it today as am off work till monday.

i will help where i can

 

have just looked at the poc template on the site,...i see what you mean with the length,...!!

 

i take it we just delete as appropriate??

[cougar25]

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

[elsinore]

Cougar, I have a feeling this thread should be in the PPI Forum. If you would like it moved, just say the word.

 

Els

[cougar25]

and a valid point that is.

 

For some daft reason the brain wasnt kicked in to gear when i posted here, ....sorry els,.. move me if you would;)

[elsinore]

Thread moved as requested.

 

Els

[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???????

[cougar25]

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???????

 

The link you've put up there is the one ive used as a template, it seemed to have most things i need.

The application form will strengthen my claim because although it is not the original credit agreement it is one i 'upgraded' my card with and it clearly shows i didnt tick any box for ppi or not,..so you could say i wasnt given the option.

 

So when im putting the CA in my poc i refer to it as RSK1 or something?? and then label it for the courts?

then keep a copy for my self and keep it for my court bundle?

Im not sure about the misrepresentation act??

 

I have this paragraph at the end,...perhaps someone could check the wording and the sums!! as its not my strong point.

The Claimant seeks damages and other sums, as listed below, against the Defendant under Common Law, and/or section 2 of the Misrepresentation Act 1967, and/or section 140B of the Consumer Credit Act 1974:

· Contractual interest at the rate of 27.9% a year from 05/05/2000 to 04/01/2007 of 1,153.96

· interest at 27.9% up to the date of judgment or earlier payment at a daily rate of 87p.

· £85 court costs

im a bit worried about the daily rate thing especially,..

let me know if you would like a copy of my poc when i think ive finished,... will pm it over or something.

[cougar25]

This is probably me panicking or something,...and is going to sound like a really daft question:roll:

 

I have a current account with Lloyds TSB,.. and up untill now when ever i have quoted an account number for my credit card i have used my current credit card number.

 

My question is this,..because i have had several card numbers over the years,..i.e card missing/damaged,...does this mean i refer to the original card number, my current one,.. or my current account number??

 

arrrgh!! how to confuse yourself in one hour by cougar25!!!!

 

Edit:: after quiet contemplation and a cigarette!! i have decided to bite the bullet,...have put it all together with schedule of charges and copy of agreement have put original credit card number on everything signed and dated everything written the cheque and am going to put it all in an envelope and send it today,...dont know if im brave or stupid but here goes nothing!!!

[cougar25]

hi people thanks for all your help thus far.

 

the plot thickens,..

 

they have entered a defence to my claim, with a copy of the original agreement from 2000 that i was denied access to. this agreement was ticked in the yes box for payment protection but i did not tick this box. nor was i given the option of not having it.

looks like its going to court but im at a loss as to what happens now??

 

they also dipute the amount of 27.9% apr in their defence.

[adamski]

Bloody Lloyds i bet they cave in before the court date they always seem to stretch it out as long as they can, just pure abuse of the courts system, they really need to be slapped for this!

[cougar25]

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.

????

[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)

[cougar25]

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)

 

no ive just been sent an allocation questionnaire (allways wondered what they were) so i have to fill that in and return it by 5-5-08.

 

theres lots of things i wish i could fit into "other information" but im gonna have to pick out the best bits i guess.

 

will look up sempra for some info,..thanks hell

 

does anyone know anything about lordsdale france plc v bank of zambia ?? it appears to be a construction contract ???

[cougar25]

how does this look for my allocation questionnaire does anyone have any ideas that i should add or take away??

SECTION G “OTHER INFORMATION”

In reference to paragraph 2 of the defence the claimant insists this option was not presented and considering the later agreement mentioned in paragraph 5( where a selection was not made at all but the payments were taken anyway) the claimant also insists all that was asked of him was to sign the agreement.

Since the claimant was not asked if he wanted payment protection it is fair to assume that the fact that it was printed on his statements would not raise any suspicions if he was not aware it was optional.

The defendant has broken the law in regards to the timescale it took to present a copy of the credit agreement for the claimants account. This agreement becomes unenforceable by law after a total of 42 days (12+30) which passed since the request was made. An agreement was eventually issued, but this was not the original agreement, and as such it is fair to assume that the agreement issued was the working agreement at the time of the claim. Attached is the initial letter sent to Lloyds.

In reference to paragraph 7 of the defence, the claimant would like to make the court aware that the cases the defendant refers to in the defence as a precedent for not awarding contractual interest, should be disregarded for the following reasons.

• Halliday v HboSplc [2007] All ER (D) 66 (Jun) . The claimant in this case lost whilst claiming Compound interest at the the contractual rate, which is not relevant in this case.

• Lordsvale France Plc v Bank of Zambia [1996] 3 AER 356. Holds no relevance to contractual interest whatsoever. Its distiguishing a penalty clause v liquidated damages.