Innocent, Thanks for the encouragement!! I have heavily borrowed from your thread but to be honest I couldnt have come up with anything better!!! The PPI was REALLY easy. It is very hard for them to validate this insurance. I claimed that this was made a basis on getting the loan as the box was already ticked on the application form. They agreed to repay due to time frame and the fact that they never kept the agreement!!! However, from what I understand this mis-selling has been across the board and that they NEVER told people that signing up to this insurance was voluntary (I think I have read elsewhere that there was a bonus scheme for each one sold?). So my advice, unless you can remember that they specifically advised you that this was voluntary....or they ADVISED you to take out the insurance then this has been missold. Claim it back, you should get very little resistance! (check out the PPI section). Further to this I climed 8% CI which they agreed to as no agreement. However this was for a graduate account and I believe that there is the same arguement for claiming unauthorised or contractual at the set rates in this case as there is for the accounts. In short it was a very easy win for me and cost very little. Madkit, Sorry I never needed to get to the POC stage for the PPI and would be very surprised if anyone does.....has it with you? As I have said above I dealt direct with the Newport Office and they agreed to my claim straight away. Let me know if we need to look into a POC Gooders

OK draft POC is below......any comments welcome! Gooders

Due to work commitments POC for Lloyds TSB Account 1 going in tomorrow. I will post my draft POC this afternoon but so far I am basing this on innocent's excellent POC as detailed here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/70343-innocent-lloyds-tsb-classic.html other updates: Halifax They caved and coughed up £610.......not bad for closing my account (only had £10 in it) without authorisation...Matter closed and a happy Gooders! Lowell Finance Default totally removed. Drafting letter to ask for money back. I have no basis for this but I am going to argue that they have shown no legal right to the money and have therefore accepted payments unfairly. Will see what their response and decide what to do after that. Happy to get the default removed from CR at least! Lloyds PPI They have agreed to my calculation of £2650 and have coughed up! Matter closed and again a happy Gooders! Gooders

Innocent, Firstly excellent thread and as I am just about to file my POC tomorrow your thread....and particularly POC has been an excellent help. Having seen some the comments you have got about your POC I hope you dont mind if I use it as a template and borrow heavily from it:rolleyes: . Anyway my proposed POC will be on my thread this afternoon and I wont be filling until pm tomorrow so if you do have objections (or even comments) I will make changes before filling. Gooders

Gizmo/PowellL Voices of reason! I think you are right, I will probably just take the small victory of having the default removed. However, I may chance my arm by writing, and requesting my money back and see if they know what they are talking about. It will cost a stamp and if I concentrate on the argument that they had no legal right to the money and I felt pressured into paying it it may get a result. If not I am content that I have cleaned my CR up. Thanks for the advice Gooders

Dencha/Rory, Thanks for your advice, I have drafted a letter which I am very tempted to send. Basically if they can show NO legal entitlement to the debt AND by their own admission I have paid this debt off then....I believe I may have a claim to get the money back. I would of course just leave it if they could prove any of the information requested. Before I show the draft letter, I have tried to go through the CCA 1974 to check but does anyone know if in a CCA request I can ask for the DOA, original default notice etc?

Ok the background...... I requested a copy of my credit report and found that Lowell had defaulted against me. Not sure what this was and to my recollection I have had no dealsings with this company I CCA'd them asking for true agreement, DOA, original Default Notice and statement of account. The debt was alleged to be for £450 and has been confimed as paid off. Although Lowell never made any changes to the information held by the CRA. I received their version of the true agreement which as with so many other is just an application and not a CC agreement. Since this I have successflly had the default removed in total not just marked as settled. So I have had a bit of a victory but Im not happy as I believe this relates o a debt that was paid off in 2004 but remained on record for 3 years. They were using harassing tactics and I was unaware of my rights at the time I paid the debt off. Do I have any recourse? They have shown no legal entitlement to this alleged debt, which I can now prove. I have not been provided with DOA or original default notice. I feel I have been forced to pay for an unenforcable debt. Can I request that they pay me the money back or am I better just leaving it with the victory over the default notice on my CR??? Getting more confused and dont want my anger to rule my heart but surely if they cannot prove legal entitlement they have incorrectly obtained money from me? Any help anyone can give is greatly appreciated. I am happy to expand and provide information on correspondance if needed. Many thanks Gooders

Thanks Emma, There is always a time and place!! :p

Thanks all, Im very satisfied as to be honest when I initially claimed £900+ I knew that there would be no way the would agree to it. As we were only talking about £10 I had little to loose but damn me and my principles!!!!:grin: So to settle for £610 (6100% interest!!) is a bit of a win in my opinion. Not too sure how much good was done by writing direct to good old Benny Higgins but in all corresspondance that I have had from HBOS the fact that my letters were passed from his Office to the individual was always mentioned! It only cost a few extra pence for the extra letters and in my opinion has seemed to add extra pressure and reduce the arrogance I experienced by some 'customer service' staff. Gooders

Ok I have decided to claim all the money back that has been 'paid' towards this alleged debt......which of curse they cannot show a legal right to!!! I had sent a preliminary letter asking for the money back which has had a good ignoring so now its time for LBA so here is my first draft....... As always all comments greatfully received!!! What do you think???

Well Hi Snoops/Emma et Al, Its been a while since I updated due to that funny work thing getting in the way of my CAG life!!!! So whats been happening? I sent a letter like the draft outlined to the, in my view, arrogant S Rowland outlining that although I was pleased he had admitted the distress etc I found the offer of £350 as unreflective of my situation (and made no mention that their actions ere against the BC). Again this was copied to Benny Higgins. Again Halifax let me wait without any word so 14 days after the letter was sent I sent another letter. I quoted heavily from their admission of errors and cauing distress etc, made point to show that I took the moral high ground by revising my offer from @£900 to £600. I validated the figure because a) they had already offered £350 for distress etc b) They have never admitted that their actions were against the banking code.......So £250 please for that(along the lines of other fines impossed by the FOS.) Letter also to Benny stating that his staff are unable to comprimise and that unfortunately they had left me no choice but to issue HIM a 'Letter Before Action' where I would start action through the FOS, report his bank to the Banking Code Standards Board, OFT and TS. Plus "I will continue to investigate judiciary action in this matter and provide due warning that if deemed apropriate I will name him as defendant in any further action I deem necessary" Or words to that effect!! I have been away from home for 2 weeks so.....I was very happy to get home this morning (1am) and find a letter from their executive office stating by Raffaele Ricci: So to recap....I comprimised, they stalled, I was firm and they caved, I WON and got what I wanted. the original balance they, lets be fair 'borrowed without authorisation', £10 is now worth £610 ( I kept their first offer cheque and havent cashed it yet). The only thing that annoys me is that they have never once admitted their actions were against the BC. However, I am now tired of HBOS and will be cutting all ties with them and doing a runner with more of their money than they wanted to give me with a rather large smile on my face!!!!!! Mods a lovely *****Won***** title would look nice and you can add £610 to the Halifx total!!! Gooders

Jackster, Unfortunately they replied on 7 April!!!!! They have provided me with all 4 CCA's although I cannot read one of them!!!! I will be attacking the charges and arrears as soon as I can free up some time on other cases! I fear that it will be a long battle and as I am already in the middle of 4 or 5 different actions I cannot devot the time to it at the mo. My advice to anyone, for what it is worth, is after requesting the CCA and they default after 12 working days is that if you can afford to keep paying. If after a further calander month they dont get back to you your position is so much better......you risk making a few payments but if they have the info then you arent going to get away from it. I will update when I can but I can argue against the charges they have applied as I sent the defferement notices (cant prove it unfortunately) and they never made any attempt to get in touch with my POCs and just let the arrears build up which IMHO is unfair and profiteering!!! Gooders

Jackster, I havent had a deferment notice for about 4 years which is my argument against charges and arrears Gooders

Received today....... "We can confirm that the credit reference for this account has been removed" Thank you very much Lowell Finance!!! Great now just have to approcah the subject of, No Deed of Assignment, No valid CCA and repayment of monies paid towards this debt!!! But even better for me, my Credit Report is now completley unblemished!!!! Think I will write off and pay the £2 to all 3 of the CRAs and frame the clean reports!!! Emma, Worth doing as I was fearful at first but it has been very worth while to clean it up!!! Gooders

Madkit, Well sorry there hasnt been an update for a while but I will try to do a quick one now and fill in more details when I have a bit more time: Lloyds TSB 1 N1 for this account going in tomorrow. Claiming £4961.95 (includes 29.8% Contractual). Lloyds TSB2 Claiming going in for £2818.99 as soon as the first account is settled. Student Loans On the back burner as they have sent me all 4 CCA's but 1 is unreadable and I still intend to fight their ineptitude over arrears & charges. Halifax They made an offer for £350, I countered this by saying I'll go away for £600....I have been ignored so LBA going in next week to CEO HBOS. Lloyds PPI Offered £2393ish inc interest. I wrote back and said that I would accept the original amount plus 8% compound interest + costs. They have agreed and I am now awaiting acceptance form for £2650. Lowell Finance They put a default against me for a very old credit card and have never been in touch. Sent CCA which doesnt conform to legislation and apparently this debt was paid off in March 2006 (whilst I was in the Gulf so God knows who by!!). LBA for return of £458 + 8% compound going in next week to include complete removal of default. Interestingly they have now defaulted agianst CCA by not replying to request for Deed of Assignment, Statement of account and Original Default notice. May well wait until 12 days + calander month is up before going for the jugular!! Will fill in details a bit more later but thanks for asking. Gooders

Well just got off the phone with a lady at lloyds, 1800 and still in work my we are busy people aren't we???? Long story short, they cannot confirm original interest rate in writin because they cannot find the credit agreement, so "as a gesture of goodwill" they will accept my figures and pay me the money within 10 days of my acceptance form getting to them!!! So thats a win with everything I was asking for........ Insurance amount + 8% compound interest and costs (laid out in the letter) Mods please change this thread to *WON* and add the sum to the running totals. Thankyou all for your help it gives you strength to know that support is only a few clicks away!! Gooders:grin:

Well a draft response to the letter I received. Any comments appreciated:)

Well Emma, that is interesting!!! and Im guessing a whole world of hurt for SLC, think you may have a really good bargining point there. I cant believe they think they can get away with stuff like that....go get them!!! BTW they sent me all 4 of my CCAs, will need to check them out but at least 1 is unenforceable due to it not being readable!!! Now need to look into charges and arrears..... Gooders

hey snoops, the way I see it is that we give them opportunity to show evidence of manual intervention to be able to validate their increased charges (ie if it only cost up to £2 to produe a standad letter......give me some bloody evidence hat shows it cost you more.....ie (again) did your staff have to put extra effort in therfore validating the charge) if they have not shown you evidence of this you can bet your last penny it means hey CAN'T!!!!! I would never email these guys! it just doesnt work or you get a minor staffing guy responding on a 'standard' response string.....try my approach get the big wigs involved, from my experience, you write o Benny Higgins and tell him you have media interest and things move a bit more quickly!!!! Oh I would also mail the exact same letter to Andy Hornby? CEO HBOS shows that you are willing to bring the brass into it and hey you can always tell a judge.......well the CEOs were informed of the problem on...such and such a date....how bad will hat look!!! Remember the papertrail!!!! Gooders

yes thanks rooster. I enjoy it whe they grovel!!!!!:grin:

Snoops, Thanks I understand what you are saying and I completley agree with the sentiment. I feel £350 is a standard response and not a PERSONAL offer! So with that in mind and especially after a conv I had with a particular individual I will not be accepting their first offer but will instead re-write my offer letter to convey what I truely expect my costs to be. They have been very humble and I am stretching my claim to extremis! I will post my counter offer to their counter offer when I get chance to sit down and write it....expect another (hevily sarcastic) classic Gooders response!!! Gooders BTW you have only every offered me sound advice with a balanced arguement....I respect your opinion and look forward to your feedback!

snoops, Great minds and all that...... I was thinking that I offered 810 + a goodwill payment so having recieved their counter offer I could write and say "thak you for your offer......I would feel that it it is ......... to accept any thing less than £450 but what if they call my bluff. the FOS will at best offer £250 for closing the account.........I am tempted to accept but I know the first offer is not the last!!!! Think I may put in a counter offer of £500 and see what they say! Along the lines of ...cheers but I feel I have suffered.........and personal costs......therefore I am willing to accept £500 now!!!.........after all we wouldnt want this getting in the papers!!!! Wait a minute they haven't paid for my confidentiality.............. Gooders

good eh!!!! £360 for a £10 balance as of dec 2006!!! I know I asked for 800+ with goodwill but I am sorely temptd to take the offer............ Only 1 snag.............they didnt include the 'acceptance sheet' !!!!! what a bunch of idiots!!!! Gooders

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/70162-account-closed-still-no.html#post706117

snoops link on my thread if you want to check it out.....by the way yes it does feel like I live here and ......its eutopia away from the banking gits!!!! Gooders