Kate1973
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I think i've just found a bit of a Gem. The competion commissioners report into PPI does discuss PPI and commission which is paid to the 'distributors' of the PPI, i.e debenhams store card. When i talked about this yesterday i had no proof of this with me but knew it was the case that this is how the market works. What are thought peeps?? Is this worth persuing?? Even if i did sign up 13 years ago and even if the account cover brochure was sent to me there is certainly no mention of the commission which the 'distributor' would have received?? This was one of my arguments re the unfair relationship point?? If i were to appeal am i able to use any new material to base the appeal on or is it purely on what i have already submitted???
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Hi Gez Was in a bit of a daze really, he found in their favour and i also have to pay their costs (not legal costs tho as he refused this). I'm just really miffed that the whole issue of the mis sale scandal has been completely missed, i e people were not aware oer the last 13 years that this had been ongoing. Plus the fact that they had been ordered to senk in their detailed skelly to take in and refer to specific recent case law surrounding PPI claims and the Judge had catagorically stated they hadn't done that and doubted wether the Skelly had even been written by a lawyer??
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Hi Folks So where does that leave me???, to be honest thinking back it does feel like it was already decided?? I don't want to be putting myself through all stress and hasstle for something which isn't worth fighting for??? I do agree that the whole point of being made aware recently of mis selling is the reason why so many didn't query/question it much earlier?
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Hi Caro Basically as i had had the PPI for 13 years i have had more that opportunity to complain/query/question it. I signed the box for the PPI and it was clear in that box what it covered and my 30 day cooling off period. As i do not have anything else paperwork wise i cannot claim mis sale. I did also go with the Comission route as per MBNA V Thorius case but as i have no proof that comission was actually paid, no claim. The fact that They had 17 months missing statements, a DPA breach, and breaching OFT guidance did highlight their record keeping left a lot to be desired, but not enough. And the burden of proof was on me. At the start the Judge said that if it was found in my favour, no CI, just max of stat in the court could award. I should have questioned the reasons for this but having not been in this situation i didn't and accepted his comments. No reasoning as to why? Am so dissapointed as have spent so much time on this, just feel it is such a waste, all the judge was interested in was my mis sale evidence, and nothing to do with their errors or lack of detailed Skelly as they were asked to provide by the original judge at the allocation hearing. The judge admitted they had not supplied such detail and even questioned if the Skelly had been prepared by a lawyer. And it wasn't even HC who were present, another freelance rep.....
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Hi Folks, nearly there, if anyone else has any comments please can i have them asap. I can't thank the people on this site enough for their help, even if it is a site to help people "avoid paying their debts", lol!. I think i am prepared as i can be for tomorrow but you never know. In the event i loose, what is the process??? Having not been in this situation before i have no idea?? I have also attached my Tomlin if someone can give it the once over??? Much appreciated........ Debs Tomlin Order CAG 27.2.12.doc
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Hi Guys Here's my Skelly for tomorrow. Please can someone review & check my points asap. I do still need to add in a couple of bits surrounding the bit about the cases i am relying on, is there anything in particaulr i can quote as they state that i am not quoting the particular bits relevant?? Also i will prepare the Tomlin to take with me. Do i ask to speak to them in the waiting room and point out their error and offer this as their way to discontinue their claim without the need for embarrasment in court?? Many thanks Debs Skeleton Argument for hearing CAG Version 27.2.12.doc
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It really is quite funny in places. I'm sure i won't be feeling like this on Monday but i will give it a dam good shot, and not just for me, but for others who have also been faced with the no it wasn't mis sold so tough!. I will be asking for advise tomorrow on what i need to do step by step Monday. I've made lots of notes point by point on their Supp WS, Do i need to get these typed up or can i just use my own notes?? Is there any specific format i need to follow for these as this is really what i want to say to the Judge??
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Excellent, what a star. I think it's now time for bed, i've done my Miss Marple bit for the night, up and at it again tomorrow. I hope you will be around again as i'll have the usual barage of questions!!!. I'm so grateful and not feeling much much happier about this. I really hope i've done enought to convince the Judge that they are being very sly, and incompetent. I've just read a bit in the Supp WS that states the client has therefore satisfied it's comliance obligations imposed by the strict regulatory framework the claimant operates in. Strange as i have a DPA breach , and no complaince of OFT guidelines???? Not looking to good me thinks??
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