Help with claim for PPI on Argos card

[Dot1]

Hi all,

 

I am trying to help my sister to claim her PPI and Charges from her Argos card. The account was opened 2003 and

 

had PPI and also incurred some charges. She operated it until 2009 but ran into financial difficulties. The account was

 

closed then sold to Lowell this year with an outstanding balance of appx £800. She requested for a copy of CCA + SAR

 

which are all with her now.

 

She realized that she had PPI all along was charged a total £310 in premium. There were also quite a few late and

 

over the limit fee totaling to £250 added to the account.

 

When she requested for refund, Argos said as a Good Will Gesture, they are prepared to refund her about £530 in

 

total. This includes the interest of approximately £220. When asked how the reached this figures, they are not

 

explaining anything.

 

There has been a few exchange of letters and Argos wrote their final letter and stated that the amount they are

 

willing to refund is £530. LBA went out but their position is the same.

 

I would like to help her claim this charges plus the PPI back and would need help as to draft a particulars of claim.

 

Lowell is now threatening with court action too, so urgent help is needed please.

 

Is there any Argos case I can have a look at?

 

I will pick up some of the papers from her and post them up later on.

 

I will also get the copy of CCA sent to her and post it up, so that you can have a look at.

 

Thanks

 

Dot

 

I do not have the final letter yet but will have it by tomorrow. Could some one kindly have a look at the CCA for me please. I tried to load them under one file but failed.

 

Thanks

 

Dot

 

Below are the spread sheets for both charges and PPI. Could someone please have a at for me to see if I have done them correctly?

Could someone also tell me if for claim they have to be combined?

 

Thanks

 

Dot

 

Could someone please direct me to where I can find a particular of claim to use for this case.

[BankFodder]

Using the small claim process for reclaiming PPI is not something that is done very often – but it is a very good idea because it is faster and more brutal than the half-hearted Financial Ombudsman approach.

 

However, if you are going to bring a small claim for PPI then you need to be very clear that you can establish to the court that there has been some kind of unlawful selling which the court feels able to remedy.

 

This means that you would have to show more than merely the PPI has been sold breaking industry rules or guidelines. You would have to show that there was some unlawful behaviour by the seller.

 

Could you please let us know what the basis is of your argument that the PPI has been mis-sold to you.

[Dot1]

Hi BF,

 

Thanks for having a look at my thread. Good point raised. I was hoping that I could use the same reasons used usually for mis-selling. I know Argos has not accepted liability but claimed that they are will to refund as a good will.

 

What they offered has not been accepted yet so I was thinking that the issue would be how much is owed other than if it was mis-sold. What they are offering, they have failed to provide breakdown of their figures or how they worked it out.

 

All they have provided is the last attachment in post #4. I do no know is that would be acceptable. What do you think?

 

Thanks Dot

 

Could someone please have a look at the attached CCA and confirm if it meets the requirements. I noticed that most of the default charges referred to are for 2014 but nothing to do with 2003. Eg, Paragraph 8, 8.3 Late payment, Return fee,Direct Debit Fee, Over Credit limit Fee all are set at £14.00 but that was not the case at the time the account was opened in 2003.

 

I will very much appreciate if i could have your views and input please.

 

Thanks

 

Dot

 

Any help please.

[dx100uk]

you'll need to pop all those scans in to a word document

THEN conver that to PDF and attach it so's we can see them please

 

 

the PPI and the PENALTY charges will be two sep claims.

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

is the spreadsheet you need, I for each.

 

 

pop their int rate in cell D15

 

 

enter EVERY PPI payment individually into the sheet

 

 

the same with the charges on the other sheet.

 

 

you'll also need to fill out a PPI questionnaire too

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

[Dot1]

Please see attached are the T& C

[dx100uk]

you spreadsheets are ok and look correct

 

 

dx

[Dot1]

you spreadsheets are ok and look correct

 

 

dx

 

Thanks for checking on that for me Dx,

 

I tried opening the attachment but after downloading but the it was blank. I do not know I am something wrong.

Please try and open it from the thread and see what I mean.

 

Thanks

 

Dot

[havinastella]

Opens fine.

[Dot1]

Opens fine.

 

Thanks you havinastella.

[Dot1]

Could I have some help of checking if the CCA and T&C meets the requirements please.

 

Thanks

 

Dot

[dx100uk]

strange question I know but why?

 

 

you are taking them for PPI

the agreement being good or not does not enter into things?

 

 

or have I missed something?

 

 

dx

[Dot1]

Just wondering if anyone can point me where to go for that could be helpful in drafting particulars of claim of this case. Would the particulars be similar to the credit card one? I need some help please.

 

Thanks

 

Dot

 

strange question I know but why?

 

 

you are taking them for PPI

the agreement being good or not does not enter into things?

 

 

or have I missed something?

 

 

dx

 

Hi Dx,

 

Thanks for asking. Yes, you are right. The issue here is PPI but as per my 1st post, there is an out standing balance of about £800.

 

That has been sold to Lowell and they are threatening court action now. So I thought it would also be helpful to find out if the CCA provided fulfills the requirements.

 

I hope that answers your question.

 

Thanks

 

Dot

[dx100uk]

then that would be a sep issue from the ppi claim.

 

 

dx

[dx100uk]

Just wondering if anyone can point me where to go for that could be helpful in drafting particulars of claim of this case. Would the particulars be similar to the credit card one? I need some help please.

 

Thanks

 

Dot

 

 

poc is in Shelley's bc thread

 

 

same thing as a credit card [revolving credit]

 

 

dx

[Dot1]

then that would be a sep issue from the ppi claim.

 

 

dx

 

Thanks dx.

 

I guess that make things a lot easier and much clearer. I will have to look into that then at some point too.

 

Thanks

 

dot

[Dot1]

poc is in Shelley's bc thread

 

 

same thing as a credit card [revolving credit]

 

 

dx

 

Thanks, I will go through it and come back.

 

Dot

[dx100uk]

its been pointed out that I am not advising

on the PPI correctly

as you have both running in the same thread.

 

 

for PPI you need to use the FossRuningSheet sheet.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

dx

[Dot1]

its been pointed out that I am not advising

on the PPI correctly

 

as you have both running in the same thread.

 

 

for PPI you need to use the FossRuningSheet sheet.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

dx

 

Thank you dx, I will leave this thread for PPI and start another one for charges.

 

I will use the spreadsheet recommended and post back for checking.

 

Thanks

Dot

[Dot1]

What do I do where I don't have all the statements please?

 

Dot

[dx100uk]

you can use avgs from the data you do know

if you've exhausted all the SAR avenues

 

 

dx

[Dot1]

you can use avgs from the data you do know

if you've exhausted all the SAR avenues

 

 

dx

 

Thanks dx,

 

Will do that then post back.

 

Dot

[Dot1]

Though I have list of all the charges applied, I only have statements dating back to 2009 with details of balance, monthly spend, monthly payments etc.

What do I do in this case please?

 

Thanks

 

Dot

[Dot1]

you can use avgs from the data you do know

if you've exhausted all the SAR avenues

 

 

dx

 

Hi DX,

 

I am not sure of what to do next as large part of the statements are missing. They only provided for 6 years from 2009. I am not sure how to work out average based on that information. I have the transaction record but into details as the statement would have to help me complete the spready.

 

What do you suggest please?

 

Thanks

Dot

[Dot1]

Could some one help me have a look at the Argos Calculation for PPI. They have failed to provide any breakdown despite repeated request.

 

I have failed to use the Spready recommended because the statements provided has no information as the account was already closed and there were no activities apart from out standing balance.

 

What do I do next.

 

Tanks for your help.

 

Dot

[Dot1]

Could someone please help me with issues in post #27,28 and 29?

 

Thanks

 

Dot