Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

[EXC]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Their comment was that they are still waiting for advice on what Lloyds group policy is going to be on how to deal with the complaints on hold.

If they're unsure as to what their policy is, point them in the direction of their own website which says:

''We will now be revisiting your complaint and advising you of the final outcome as soon as possible. We have employed additional staff to manage customers’ queries about their PPI policies.''

Lloyds TSB - Payment Protection Insurance Complaints

Note that it says ''We will now be revisiting your complaint....''

If I owned a company that employed additional staff who, in the absence of a policy, didn't know what to do, the chief executive would be out on his ear.

[di30]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Welcome to LB biondani

They should already know the rules and sorry your still waiting, its just not on is it?

However, surely you shouldn't be waiting that much longer now, my 2 was put in with lloyds before xmas 2010 and they upheld them approx 2 weeks ago, but they cannot keep using that as an excuse, tell them this as well and tell them you know they have been dealing with them!
Good luck.

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

If I owned a company that employed additional staff who, in the absence of a policy, didn't know what to do, the chief executive would be out on his ear.

You could argue you do own it (and I, and everyone else on here who pays tax) via the government stake, however dont hold you breath for intervention on your (our) behalf from that qaurter - theyve got biger fish to fry than worrying about us lot.

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

my 2 was put in with lloyds before xmas 2010 and they upheld them approx 2 weeks ago.

I think maybe your email to the CEO prompted a move away from their normal procedure making yours the exception rather than the rule. While it was a smart move to apply pressure this way and got you what you wanted, if everyone went down this route the volume would dictate that they would simply issue automated replies saying being dealt with and to wait. They may be willing to jump onto the odd one to avoid the grief for Antonio's inbox but as soon as it becomes more than the odd one they will close the option off.

[di30]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Speaking on behalf of others, I made contact with the CEO, and received a response in the box today.


Dear,

Thank you for your recent communication addressed to Mr Horta-Osório, our Chief Executive Officer. I’ve been asked to reply on his behalf. It is very important to us to ensure that our customers receive competent yet helpful and friendly advice, during any business dealings they may have with us and I am sorry to hear that you have had cause to voice your concerns with the Business.


Yours sincerely

A
Customer Relations Manager – Lloyds TSB Group Operations

[andrew1]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Okidoki! - Here's a bit of a tongue twister on PPI I'd like to share, I'll start a thread but I thought this one worthy of posting on here first as it's a general issue, but I doubt totally uncommon.

Loan 13k
PPI 6k
Charges etc took it up to £21k +/-

Sold to DCA @ £18k +/- incl charges.

Claimed on PPI for 1yr @£ 400 pmth (we'll go into unsuitablity issues on thread, but hear me out)

DCA chased debt and issued summons. Claim thrown out as Multiple Agreement and they issued Summons in one name when joint account. (Guess who? !! LOL) Therefore Agreement unenforceable anyway from inception.

I always felt PPI Sold as condition so claimed against original lender for refund of PPI - it was 6k after all!!)

Lender wrote back with offer to repay, but and this is the sting...asking us to agree this:

" We understand that you will use part or all of the refund to repay any of the debt that was sold onto the 3rd party (the DCA) debt sale company"


Now, this issue is the DCA paid less than 10% of the debt to buy it although I respect they buy the rights to the whole debt (I'm thinking unjust enrichment) and what they pay is their business. However, they had to write-off the whole debt and confirmed such with me when they had the claim thrown out with costs. So all they have lost is their initial investment which should never have been paid in the first place as the debt had always, from inception, been unenforceable.

Had the dca continued, I would have to had paid them back in full which included the 6k for the PPI.

Now are they due this refund (if it comes) or me?

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Okidoki! - Here's a bit of a tongue twister on PPI I'd like to share, I'll start a thread but I thought this one worthy of posting on here first as it's a general issue, but I doubt totally uncommon.

Loan 13k
PPI 6k
Charges etc took it up to £21k +/-

Sold to DCA @ £18k +/- incl charges.

Claimed on PPI for 1yr @£ 400 pmth (we'll go into unsuitablity issues on thread, but hear me out)

DCA chased debt and issued summons. Claim thrown out as Multiple Agreement and they issued Summons in one name when joint account. (Guess who? !! LOL) Therefore Agreement unenforceable anyway from inception.

I always felt PPI Sold as condition so claimed against original lender for refund of PPI - it was 6k after all!!)

Lender wrote back with offer to repay, but and this is the sting...asking us to agree this:

" We understand that you will use part or all of the refund to repay any of the debt that was sold onto the 3rd party (the DCA) debt sale company"


Now, this issue is the DCA paid less than 10% of the debt to buy it although I respect they buy the rights to the whole debt (I'm thinking unjust enrichment) and what they pay is their business. However, they had to write-off the whole debt and confirmed such with me when they had the claim thrown out with costs. So all they have lost is their initial investment which should never have been paid in the first place as the debt had always, from inception, been unenforceable.

Had the dca continued, I would have to had paid them back in full which included the 6k for the PPI.

Now are they due this refund (if it comes) or me?

Does the court order from previous proceedings state the debt is unenforceable or that the agreement is void and therefore no balance due?

Also what wording was used when they confirmed the debt was written off, did they concede that there was a nil balance or did they state they would not be pursuing further?

The answers to these will dictate the strength of your argument against them.

If court declared contract void or nil balance then there is no debt to the DCA therfore you should be pushing for all funds to come to you. Likewise either lender/DCA confirmed nil balance in writing.

If however the court simply declared unenforcable or the DCA/lender confirmed a balance remained but would not pursue further and would write it off then they can still argue the debt is due however that in light of court not ruling in their favour they abandonded collection attempts. This would not to my mind mean they could not offset any refund (such as ppi redress).

[The Debt Star]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Come on lets be fair what about beautiful boys

uh oh! not another former member of the Cheadle Boy Scouts?!

[andrew1]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Does the court order from previous proceedings state the debt is unenforceable or that the agreement is void and therefore no balance due?

Also what wording was used when they confirmed the debt was written off, did they concede that there was a nil balance or did they state they would not be pursuing further?

The answers to these will dictate the strength of your argument against them.

If court declared contract void or nil balance then there is no debt to the DCA therfore you should be pushing for all funds to come to you. Likewise either lender/DCA confirmed nil balance in writing.

If however the court simply declared unenforcable or the DCA/lender confirmed a balance remained but would not pursue further and would write it off then they can still argue the debt is due however that in light of court not ruling in their favour they abandonded collection attempts. This would not to my mind mean they could not offset any refund (such as ppi redress).

Well it never got to court and the solicitors acting for us managed to prepare a Witness Statement which the DCA's solcitors decided was not worth challenging, so they pulled out and agreed to pay my solicitors and counsel opinion costs to date (about 10-15k!).

I did however write to the DCA's solicitors and they said:

" We can confirm that xyz DCA and it's Servicing company wxy Ltd will take no further action, either legal or collections, in relation to ABC Bank loan account number 123456. The above claim has been dismissed by consent and a copy of the agreed order, signed by ourselves and your solicitors and sealed by the court is enclosed"

The Order is a Consent Order and states

" Upon the parties agreeing to the terms set out hereto

AND BY ORDER IT IS ORDERED THAT

1. The Claimants claim is hereby dismissed.

2.The Defendants Counterclaim is hereby dismissed

3. The Claimant shall pay the defendants costs to be assessed if not agreed.

End of.

[skv123]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

I doubt the lender is aware of that legal action.

As such i would send them a copy and explain the DCA have given up all rights to collect on the debt and as such the refund must be sent to you.

It seems like it should be fairly straightforward based on what has been posted above.

[Angry Cat]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Unfortunately Andrew1, I think we are going to see more cases like yours cropping up in the not too far distant future.

IMHO, the OC should repay the monies to you.

What were the circumstance when the OC sold the debt to the debt buyer?

[Angry Cat]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

At the end of the day, if one requests repayment of mis-sold PPI from a DCA debt buyer.
The debt buyer will run screaming to the OC, they will not want to repay the monies owed!

DCA's cannot have their cake and eat it!

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Well it never got to court and the solicitors acting for us managed to prepare a Witness Statement which the DCA's solcitors decided was not worth challenging, so they pulled out and agreed to pay my solicitors and counsel opinion costs to date (about 10-15k!).

I did however write to the DCA's solicitors and they said:

" We can confirm that xyz DCA and it's Servicing company wxy Ltd will take no further action, either legal or collections, in relation to ABC Bank loan account number 123456. The above claim has been dismissed by consent and a copy of the agreed order, signed by ourselves and your solicitors and sealed by the court is enclosed"

The Order is a Consent Order and states

" Upon the parties agreeing to the terms set out hereto

AND BY ORDER IT IS ORDERED THAT

1. The Claimants claim is hereby dismissed.

2.The Defendants Counterclaim is hereby dismissed

3. The Claimant shall pay the defendants costs to be assessed if not agreed.

End of.

From reading this they agreed not to take further action, not that the debt is extinguished, as such if push comes to shove they can still exercise their right of offset.

Its probably worth chancing you hand and sending a copy of the sols letter confirming no action to the OC to see if they will take at face value and repay to you but if they stand their ground then legally their case holds more weight than yours im afraid.

Only way to get around would be to get the court to declare agreement void as you were originally trying to do however given the consent order I'm not even sure they would reopen the matter, plus theres the additional issue of costs, in the current climate surrounding CCA cases its highly unlikely you would get ATE cover meaning you could be looking at an expensive gamble if courts decide they wouldnt reopen.

[debtisbad]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Speaking on behalf of others, I made contact with the CEO, and received a response in the box today.


Dear,

Thank you for your recent communication addressed to Mr Horta-Osório, our Chief Executive Officer. I’ve been asked to reply on his behalf. It is very important to us to ensure that our customers receive competent yet helpful and friendly advice, during any business dealings they may have with us and I am sorry to hear that you have had cause to voice your concerns with the Business.


Yours sincerely

A
Customer Relations Manager – Lloyds TSB Group Operations

Obviously an automatically generated response!

[andrew1]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

At the end of the day, if one requests repayment of mis-sold PPI from a DCA debt buyer.
The debt buyer will run screaming to the OC, they will not want to repay the monies owed!

DCA's cannot have their cake and eat it!

What? - you think I should apply to Cabot for the refund?

They did buy the debt, rights and duties etc...haha - can you imagine? LOL

Does beg the question though doesn't it? who should pay?

Now one final question, I paid this loan, taken out in Apr 2001 for about 18 months before I got into trouble including the PPI payment and they sold it on to Cabot in 2006. After that I paid the odd bit here and there whenever I got chased by one dca or another up until 2006. The insurance actually paid out for 1 yr from Apr 2004 until March 2005 which is all they'd pay for under the policy despite me being ill for much longer than that (3 yrs) when my business died.

The balance when sold was £18k

That's as far as it got.

Now do I ask them for the full £6000 less the monies they paid out on the policy for that 1 yr (£404 a month x 12 = £4850) plus interest or what?

Would it be deemed that the full 6k had been paid or not given the fact I had not paid that much? - Would I be unjustly enriched in that case?