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birchave0

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Everything posted by birchave0

  1. birchave0
    no I'm sorry I don't, it was done with the help of another forum, in a hidden form so the enemy couldn't see ;-)
  2. birchave0
    still nothing ...........
  3. birchave0
    me neither lol how long will I wait? Will they have to inform the court if they want to discontinue the claim?
  4. birchave0
    33 days tomorrow and so far I've heard nothing.......
  5. birchave0
    Andy when does the 28 days go from??? When I file my defence or 33 days from the date of the claim? thanks
  6. birchave0
    thanks Andy I have a loan account statement from Lloyds dated 2008 which shows the last payment made by me was Feb 2007 I shall keep it in reserve for now
  7. birchave0
    I will be logging on today and having a check I think they have until 29th January 2015
  8. birchave0
    UPDATE.... Nothing from the court or Lowells However a letter dropped on my door mat yesterday from Lloyds, it appears they are upholding the complaint I made back in November last year. The PPI they DID'NT pay back against the account will now be paid to me by cheque!!!!! RESULT!!!!!! YAY!!!!!! Now just have to wait and see what happens with the Lowells lot
  9. birchave0
    another angle to use is to try and remember how you used to pay the account. D/D, cheque, debit card?? Then check either your online banking or old bank statements to see if you can find the last payments. Or even contact your bank Just a thought
  10. birchave0
    I also have a letter from the insurance folks at Lloyds, it's regarding a complaint I made in January 2007. It's actually an offer letter, basically saying they agree as a gesture of good will to refund the PPI AGAINST the account, including the interest. So that would be £2934.40 PLUS interest. It goes on to say at no time do they accept liability of any wrong doing....... I signed and returned the form, they didn't repay the PPI, the statement quite clearly showing that..... very interesting lol
  11. birchave0
    already with Lloyds
  12. birchave0
    After spending an evening in the loft I'm feeling very confident! I discovered a loan statement from Lloyds dated 28 February 2008 It quite clearly shows the last payment as 1st February 2007......... It also shows that they DID NOT pay back the PPI against the account, it was £2934.40 all very interesting I think! I complained about the PPI being paid back against the account in November, but it appears it was not even set off against the loan!!! Naughty Lloyds!!!!
  13. birchave0
    from when you last made a payment. we had a ruling last year at county court where 2 judges on separate days agreed that the date was the one when the customer made his/her last payment against the account we won, Moon Beever solicitors/First Credit lost! it was TSB by around 6 years and 6 weeks
  14. birchave0
    Well 14 days and nothing!!!! How long do they have to reply? How long before the court will stay the case? thanks
  15. birchave0
    I received a letter from the court, they received my acknowledgement of service and defence. So just a case of sitting and seeing what BWs next move will be
  16. birchave0
    http://www.consumeractiongroup.co.uk/forum/showthread.php?71416-Birchave0-v-Lloyds-PPI-*think-I-ve-won!!* link to original thread
  17. birchave0
    I'm going to check back through my paperwork but I'm pretty sure I still have the original agreement for this loan. What I remember most was the PPI carry on, and the fact that when the agreement was sent out in the post for me to sign, Lloyds had already signed it.... Rather than me sign it, then them? Not sure if it has any relevance but hey ho, we'll see. The original loan was over 5 years with PPI, after about 10 months I rang Lloyds and told them I was struggling with the monthly payments (about £350 a month) so I asked if I could cancel the PPI. I was told no, but what they could do was turn my 5 year loan into a 7 year one! Hence making it longer term, and therefore reducing my monthly payments. Down to about £258 a month. the new & year loan STILL had PPI on it! So instead of cancelling the loan and giving me a new one, without any PPI, they still made me take it out!!!! GGGR In 2007 when I complained about the PPI they agreed to refund the premiums from the previous loan, but this one would be paid back against the loan, shortening the term! The loan was not in arrears, but they refused to give the refund to me, it HAD to go against the account. I never received a statement showing the refund, it was nearly 3k and the balance of the loan was around 6k From my last payment in March 2007, Lloyds never chased me for the money, no phonecalls, no letters, nothing. In fact I think there may be a thread on this forum about it, I will go for a look lol Will be interesting to see if Lowell's/BW Legal can come up with anything
  18. birchave0
    no, I was litigant in person
  19. birchave0
    Re offsetting I had a court battle last year with First Credit over a Lloyds TSB credit card account they had purchased. In August 2006 I had "issues" with Lloyds over the PPI on the account, I complained and opened a dispute, I also cancelled the PPI. By January 2007 I was no further forward, they refused to refund my PPI even after I placed the account into dispute and gave reasons. My last payment was made by cheque in Jan 2007... From March 2007 Lloyds helped themselves to funds from my current account despite my objections. In October 2007 I moved my current account to Natwest, there was no funds left to take as with the offset and the bank charges I was £900 OD! This account was sold by Lloyds to Lowells...... So fast forward to 2013, the previous year First Credit had purchased the credit card account. In February 2013 I received a claim form from Northampton. The top and bottom of it was they wanted 8k off me, and we were going to court so they could get it! My defence was TSB account, last payment Jan 07, they said Oct 07 so not TSB. Top and bottom of it is after 3 court visits under 2 different judges, they both came down on my side and said the offset payments were not made by me so not an acknowledgement. I won, they lost........ Judges both said the same, TSB starts on the date I made a last payment, as this was the last time I acknowledged the debt I hope this helps with your discussion, or gives you food for thought
  20. birchave0
    I'll have a read of the above when I get 5
  21. birchave0
    yes can do, send the link lol
  22. birchave0
    sadly the thread reached over 70 pages and was on another, much smaller forum, the thread was also protected from public view to stop the enemy seeing what we were up to. However anything I can help with, just ask! I'm no expert but we did win
  23. birchave0
    I had a court case last year with First Credit who are Lowells under another name. The account was time statute barred. This was the main line of our defence. I ended up in court on three different occasions with 2 different judges. Both of them agreed the time statute barred came into play from the LAST payment I had made. Although the bank continued to help themselves with funds from my current account to pay the credit card each month , both judges said they did NOT count! Eventually I moved my current account to stop this happening, however they managed to help themselves to nearly 6 months of payments. The judges wouldn't accept these as evidence of acknowledging the debt! This was a case were the account became time statute barred only two months BEFORE they filed a claim against me. They thought they would win because of the payments taken by the bank, they were wrong. We wiped the floor with them and won! So hopefully this is generally how it's worked out. Good luck!!!
  24. birchave0
    watch this space!!!!
  25. birchave0
    SMASHING!!! All done and I pressed the send button! I have printed off copies for my reference too So now I just sit and wait????? That will be a killer ha ha Thanks for all your assistance so far guys, much appreciated

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