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Lloyds PPI Credit Card, compensation calculation and process to reclaim.

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  • Lloyds PPI Credit Card, compensation calculation and process to reclaim.

    Dear All,

    I recently came across this forum in my frustrations with lloyds PPI Customer relations department.

    A brief history;

    I rang Lloyds on the 16 September 2012 to ask them to stop my PPI charges on my credit card, they referred me to the PPI miss selling department.
    I went through their questions regarding misselling.
    The 8 weeks limit came up and they rejected my claim saying I would have had to sign a Credit agreement and this would have explained it.

    I asked to get a copy of this agreement, no response. So I wrote again more eloquently explaining why I believe I was miss sold, I took some excellent tips from the Financial Ombudsman website. This took a long time! I rang and wrote to them to find out when I would hear, they told me it had been decided in my favour in Feburary 2013, it then went to the calculations department. This took until the end of May when they officially made an offer of about 2k
    I thought this was a little low as I was paying about £80 per month in PPI and had the card for around 30 years!

    I thanked them for the offer and said I will take their advice to seek advice before accepting their offer, I would need to see how they had calculated the offer and all past account details and original CC agreement with terms(that they claim I have signed)

    No information arrived so I requested information under the CCA (£1) and DPA (£10), having been messed around by them sending information about other accounts , and Lloyds telling me an incorrect correspondence address( they claim - Lloyds TSB, PPI Customer relations, BX1 1LT- is a valid address, having had recorded delivery mail not get through I checked with the Post Office and this BX1 1LT is an internal lloyds code and not a valid post code, This annoys me as all correspondence with them has this address on the letterhead and the callcentre swear blind it is a valid address!)

    I am now beginning to get statement information through, I have statements back to 2000 and have entered this info into the Simiantics spreadsheet. However Lloyds have failed to produce the original signed copy as they should under CCA. They also keep asking me when I took it out, Under the DPA request they have put in a odd paragraph:
    Unfortunately, we have been unable to locate a copy of your signed agreement. We can assure you that before we opened the CC account we would have required sight of a signed agreement. If you take this further , we are confident in the banks ability to be able to prove this.

    I think this is odd because I thought with a request for information under the DPA they were under a legal obligation to provide the information within 40 days, not threaten to provide if 'it goes further'?

    I remember taking out the CC around my 18th birthday to buy a stereo, this was in 1983, and during the years 1983 to 2000 (2000 is when the staements start) I used the card quite heavily, this was a period of me leaving home, going to college as a student and then subsequently buying and furnishing a home of my own. Unfortunately I have no evidence to prove either when the card was taken out or the balance in the corresponding years.

    As this will be subjective I have taken the average balance during the years with statements (2000-2013) and extrapolated this back to mid 1983 which is to the best of my knowledge around the time is was taken out. ( I have attached a s/sheet, Thanks Bill!)

    I am still awaiting till the end of the 40 days from the DPA request for information to see If I will get ant further information.

    My question is one of next steps, they have already admitted fault and offered an incorrect sum that I said I would investigate.

    My investigations conclude a larger sum of £26k (compare the their offer £2), If anyone has any experience of how they deal with assumptions from incomplete records I would be very interested.

    I have also spent a lot of time on letters and calls (I requested the call records under DPA still not dealt with), approx 12 hours, time spent learning to do they job they are supposed to have done, approx 20 hrs. As this is professional level work I cost this at £150 per hour so around £4800. Also various amounts for postage and fees etc £25. This has caused me stress, sleepless nights for which I also need to come up with a figure, say £500.

    I wonder if on your opinion(s) if I should now go back to lloyds claiming these amounts or threaten court action? , if so what action? Would small claims court be valid or is this too much?

    Apologies for quite a long email, I have been 'in the dark' on this process so far and having just found this forum would be very grateful for any advice.

    Kind regards

    PL
    Last edited by Plato; 13th August 2013, 23:26:PM.
    Tags: None

  • #2
    Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

    Hi Plato, and welcome to you !

    I will ask admin to move your thread to the PPI section - hopefully, it will get a more 'focussed' audience there.

    That is an interesting story - and I think your experiences with Lloyds will be of great value. Oh - and thanks for your kind words !!!

    Bestest,

    Bill.
    Last edited by Bill-K; 13th August 2013, 20:43:PM. Reason: Unnecessary detail

    Comment


    • #3
      Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

      Dear Bill,

      Many thanks for your advice, pls can you ask admin to do the things you suggest and we can work from there.

      If you can help me back track and make it nameless then we can start again, there are some interesting areas arising with CCA, DPA that could unfold in interesting ways.

      Thanks again!


      HM

      Comment


      • #4
        Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

        Glad that's OK., Plato. No need to backtrack - the admins here can work wonders - when they're not down the pub.

        That's the theory, anyway - it's Saturday night, after all !!!
        Last edited by Bill-K; 13th August 2013, 20:44:PM. Reason: Unnecessary detail

        Comment


        • #5
          Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

          I daresay you are aware, but Lloyds recently admitted to systematically misleading claimants - so it is now public knowledge, by their own admittance - that their information and assurances cannot be trusted:

          http://uk.news.yahoo.com/lloyds-admi...3.html#BvGKxco


          http://www.bbc.co.uk/news/22851346


          http://www.bbc.co.uk/news/business-22852554

          I do believe that that postcode is one of a handful of similar 'non-geographical' postcodes that have been allocated by Royal Mail for large businesses, etc. It is perhaps an indication of Royal Mail's current ineptitude that this enables them to evade the 'Signed For' or 'Recorded Delivery' services. However, I believe that many large firms receive mail by the sackload, and a signature is often not returned to the sender for delivery. I now prefer to use the Post Office's 'Certificate of Posting,' which is usually accepted by the courts - and it's free.

          More to follow. I have a cunning plan...
          Last edited by Bill-K; 13th August 2013, 20:45:PM.

          Comment


          • #6
            Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

            Hi HM & Bill,

            Re the SAR, they have to comply within 40 days, or alternatively give good reason why they cannot do so.

            I would imagine that they are referring to the reconstituted 'agreement', made permissable for s78 CCA requests.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

              Dear All,

              Thanks for the advice so far.

              I wonder if someone can advise on a request for credit card agreement under section 77 of CCA Act 1974.

              I sent in my £1 fee and received a reconstituted agreement for my CC and a copy of current terms. However it is missing the date of execution, I think it was back in 1983 but have only recors from 2000.

              http://www.oft.gov.uk/about-the-oft/...s#.Ugpx1JKsiSo

              The above says they are obliged to send the agreement, Lloyds are claiming their reconstituted agreement satisfies the conditions, can anyone enlighten me on this area. I am really trying to confirm the date of the agreement.

              Thanks
              PL

              Comment


              • #8
                Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                Some years ago, consumers 'wised up' to the CCA, and the lenders started getting s.77-79 requests. At first, they found themselves admitting unenforceability if they couldn't produce an exact copy of the original executed agreement. Then the lenders 'wised up' to the CCA, and started producing 'Blue Peters,' which were cleverly reconstructed copies. Some were outright forgeries, but others were actually compliant with the CCA in their method of reconstruction, and were upheld by the courts as such.

                The CCA is not my 'forté,' but I really cannot believe that a reconstructed CC agreement with no date would be compliant with the CCA, and until such time as you receive a dated copy, then IMHO, the agreement is unenforceable. I don't think you need to send a further CCA s.77-79 request, as the original request appears to have been regarded as formally correct - but I agree with you that it does not appear to have been CCA compliant. I will ask another member who is more conversant with this aspect to comment.

                Comment


                • #9
                  Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                  Thread moved to PPI section.
                  Spreadsheet in first post unapproved as I believe it contained personal data. Anyone who has already downloaded will still be able to view the file when they click the link though. (because you already have it so to speak) But new viewers will not be able to download it.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

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                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                  Comment


                  • #10
                    Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                    Thank you Celestine

                    Comment


                    • #11
                      Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                      Originally posted by Plato View Post
                      No information arrived so I requested information under the CCA (£1) and DPA (£10), having been messed around by them sending information about other accounts , and Lloyds telling me an incorrect correspondence address( they claim - Lloyds TSB, PPI Customer relations, BX1 1LT- is a valid address, having had recorded delivery mail not get through I checked with the Post Office and this BX1 1LT is an internal lloyds code and not a valid post code, This annoys me as all correspondence with them has this address on the letterhead and the callcentre swear blind it is a valid address!)

                      I am now beginning to get statement information through, I have statements back to 2000 and have entered this info into the Simiantics spreadsheet. However Lloyds have failed to produce the original signed copy as they should under CCA. They also keep asking me when I took it out, Under the DPA request they have put in a odd paragraph:
                      Unfortunately, we have been unable to locate a copy of your signed agreement. We can assure you that before we opened the CC account we would have required sight of a signed agreement. If you take this further , we are confident in the banks ability to be able to prove this.

                      I think this is odd because I thought with a request for information under the DPA they were under a legal obligation to provide the information within 40 days, not threaten to provide if 'it goes further'?

                      I remember taking out the CC around my 18th birthday to buy a stereo, this was in 1983, and during the years 1983 to 2000 (2000 is when the staements start) I used the card quite heavily, this was a period of me leaving home, going to college as a student and then subsequently buying and furnishing a home of my own. Unfortunately I have no evidence to prove either when the card was taken out or the balance in the corresponding years.
                      Originally posted by Plato View Post
                      I sent in my £1 fee and received a reconstituted agreement for my CC and a copy of current terms. However it is missing the date of execution, I think it was back in 1983 but have only recors from 2000.

                      http://www.oft.gov.uk/about-the-oft/...s#.Ugpx1JKsiSo

                      The above says they are obliged to send the agreement, Lloyds are claiming their reconstituted agreement satisfies the conditions, can anyone enlighten me on this area. I am really trying to confirm the date of the agreement.
                      The key to the whole thing here is in the year I've underlined above: 1983. Sadly there is no legal requirement to provide anything other than current Terms & Conditions in response to a s.78 CCA request where the agreement was entered into before May 19 1985. This is always a contentious issue because if they can't locate an agreement, how can they prove that the account was, in fact, started before 19/05/1985? However, in this case, you are making the assertion yourself. :sad:

                      The SAR and CCA requests are two completely separate issues:
                      • A SAR is a request under the Data Protection act of all data held about you by a company, which is what you'd normally send to obtain statements for the purpose of reclaiming PPI. Many banks claim not to hold any data older than 6 years and 12 years is as far as you'd reasonably expect to go, so 2000 is not bad. They have to provide the information within 40 days but only if it's stored in a 'relevant filing system' as defined by the ICO here: http://www.ico.org.uk/for_organisati...ey_definitions
                      • A CCA request is a request for a copy of your credit agreement under s.77-79 of the Consumer Credit Act and, after Carey vs HSBC, it was established that a recon satisfies the requirements of the Act. :sad: However, as noted above, a copy of current T&Cs is all they are obliged to supply when the agreement was entered into before May 19 1985.

                      Comment


                      • #12
                        Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                        Originally posted by Plato View Post
                        I wonder if someone can advise on a request for credit card agreement under section 77 of CCA Act 1974.
                        If it was a credit card, s.78 would apply, s.77 is for loans.

                        Originally posted by Plato View Post
                        I sent in my £1 fee and received a reconstituted agreement for my CC and a copy of current terms. However it is missing the date of execution, I think it was back in 1983 but have only recors from 2000.
                        See above with regards to pre-1985 agreements.

                        Originally posted by Plato View Post
                        http://www.oft.gov.uk/about-the-oft/...s#.Ugpx1JKsiSo

                        The above says they are obliged to send the agreement, Lloyds are claiming their reconstituted agreement satisfies the conditions, can anyone enlighten me on this area. I am really trying to confirm the date of the agreement.
                        The Carey v HSBC judgment set the precedent for recons to satisfy the requirements of a s.77-79 request: http://www.legalbeagles.info/forums/...194#post146194

                        Having said that, if the agreement dates back to 1983, it would be interesting to know just HOW they manage to reconstruct the alleged agreement, if they don't have records going that far back. :noidea:

                        Comment


                        • #13
                          Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                          Thank you for helping out there, FP - very useful info !!!
                          Originally posted by FlamingParrot View Post
                          ...there is no legal requirement to provide anything other than current Terms & Conditions in response to a s.78 CCA request where the agreement was entered into before May 19 1985. This is always a contentious issue because if they can't locate an agreement, how can they prove that the account was, in fact, started before 19/05/1985? However, in this case, you are making the assertion yourself. :sad:
                          Lloyds appear to have assumed that the agreement is post May '85, as they have supplied a recon. copy of it. If we go along with that assumption, can we then insist that a date MUST be supplied for it to be compliant under the CCA ?
                          Originally posted by FlamingParrot View Post
                          ...if the agreement dates back to 1983, it would be interesting to know just HOW they manage to reconstruct the alleged agreement, if they don't have records going that far back. :noidea:
                          Indeedy - I think they should be put on the spot here. We don't actually KNOW that the agreement is pre '85 - we have merely assumed that. If Lloyds know something we don't (ie., the actual date of the agreement) - then we should be told what that is under the DPA, the CCA - or both.

                          Comment


                          • #14
                            Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                            Further to previous...

                            Regarding the estimation - taking the average balance during the period for which you have data, and then applying that to each week for which you don't have any would seem like a reasonable method of estimation. However - they MAY prefer to use the method of taking two known values, and 'interpolating' between them. These would be between zero at account inception, and the first value for which you have data - and this would be increased from zero by a regular amount.

                            Regarding your costs and compensation. The FOS will often direct that the lender pays the claimant compensation for distress and inconvenience, but this is always a 'nominal' amount - although it can vary from £100 to £1000 (and perhaps higher these days). Claiming other costs would be difficult via the FOS (I would actually guess it to be impossible), but after accepting a FOS ruling, I don't think it would be any easier to claim that via the courts, either.

                            If you decide to avoid the FOS and go the court route, then I think you could probably claim all or most of your legitimate costs - but ONLY if you win your claim, of course - and THAT is not a risk I would recommend. It MAY be possible to take the expenses claim to court AFTER accepting settlement via the FOS, but I doubt it personally.

                            My suggestion right now would be to concentrate on trying to get the best offer from them directly, as you have been doing. You have passed the first hurdle, which is getting them to admit to mis-selling. The next is to get them to agree with your figures, and then to agree on a suitable arrangement for your costs. If you can achieve this without FOS or court involvement, then I think you will have got the best result.

                            Just My Humble Opinion, though.

                            Comment


                            • #15
                              Re: Lloyds PPI Credit Card, compensation calculation and process to reclaim.

                              Dear Bill,
                              Thanks for your advice, I think I will put in the zero to latest confirmed balance and see what it comes out to. Problem is I have no documentary proof of the initial date. I can prove their first offer doesn't include all the payments in the statements they later set through.
                              I think I will have to respond to the DSAR and CCA requests as I am not happy with the responses. Would you suggest I go direct to the lender with my recalculated figures asking them to settle? or go through the FOS?
                              Thanks
                              Plato

                              Comment

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