POC for PPI - Do we have any?

[Missy06]

I was just wondering if we have any Particulars of Claim for PPIs? I know that quite a number of us have won our claims but would anyone like to share their POC content?

I'm claiming against Blackhorse for a secured loan.

Thanks.

[alanfromderby]

I think the difficulty is that the circumstances of each claim are somewhat different. Certainly it would be helpful if people would post their POC's when the feel it is appropriate to do so, and I am happy to sticky this thread if that is how it develops.

When I can, I will post mine also. However, some of the arguments I am using are potentially ground-breaking, and I would rather not show all my cards to Robinson Way until they have revealed at least some of theirs.

[Missy06]

ps: I found one by Tonycee & Barclays PPI.

[tonycee]

Hi Miissy06.
Please post up and ask if your version of this
http://www.consumeractiongroup.co.uk...t-1112662.html looks ok before you proceed.
As welcome as you are to use it, and i wish you all the best, i havent actually submitted my POC yet, and dont know if its the best POC for anybody.
Good Luck.

[Goldlady]

Subscribing as I will either have or need some soon for more than one case.

[bathgatebuyer]

Thanks - I've just asked a similar question on my own thread v Halifax. Preparing mine to go to court against the Hellifax early in the New Year (after Xmas spending is out of the way and I can actually afford the Court fees!).

Will post mine once completed.

[alanfromderby]

Okay....I have now reworked my POC's as a template however, please be warned that you will need to adapt them to suit your own situation.

Claims of this nature cannot be done through Moneyclaim, and I would therefore suggest that you attach your POC's to the claim rather than try to fit them into the box on page two of the N1. Remember to sign both the form, and the attached POC's.

The document is laid out in court format, which I do believe helps to put over the fact that you know what you are doing.

All the legal arguments are available via the stickies - but, as always, if you are in any doubt whatsoever about your claim, you should you should seek proper legal advice before embarking on legal action:

Draft POC Template

[Missy06]

Alanfromderby,

that's great! Thanks......although I handed my PPI claim yesterday using the Tonycee & Barclays PPI draft which is not as detailed as yours...

What I'll do is add your bits to my bundle (if it comes to that) later on down the line........

[Missy06]

ps: thanks for making this a sticky! We'll definitely need this to strengthen our PPI claims going forward.

Have a great christmas all!

[Paintball]

Thanks for this Alan ... I'll be using it as the basis for my first PPI claim and will be re-wording it as appropriate to reflect my personal circumstances.

x x

[Missy06]

My N1 form was returned by the court last week as I'd only sent it 1 copy and they required 2!

This turned out to be a blessing in disguise as I've been able to use Alan's detailed POC instead (I'd used Tonycee's originally)!

Dropped off the N1 with revised POC at the court yesterday.......with a cost of 105.00 in fees!

[johans]

Originally Posted by alanfromderby

Okay....I have now reworked my POC's as a template however, please be warned that you will need to adapt them to suit your own situation.

Claims of this nature cannot be done through Moneyclaim, and I would therefore suggest that you attach your POC's to the claim rather than try to fit them into the box on page two of the N1. Remember to sign both the form, and the attached POC's.

The document is laid out in court format, which I do believe helps to put over the fact that you know what you are doing.

All the legal arguments are available via the stickies - but, as always, if you are in any doubt whatsoever about your claim, you should you should seek proper legal advice before embarking on legal action:

Draft POC Template

alan, could this POC, be adapted for mortgage/loan guard PPI?

[phatram]

This POC will be used in my claim against Egg for repayment of missold credit card repayment protector / CCRP/(PPI).
My main argument is that they didn't tell me I could get this insurance elsewhere or that I would end up paying interest on it.

PARTICULARS OF CLAIM


1. The Claimant had a credit agreement, credit card number xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around July 2002.

2. At the time of opening the account the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

3. The Claimant contends that:
a) The Insurance imposed upon the Claimant were neither defined nor explained, nor alternatives from other suppliers suggested.
b) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;
i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments
ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit
iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit
iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.


4. Accordingly the Claimant asks:

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £1641.91 by conferring a benefit under an ineffective transaction.

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £1641.91 by virtue of the Defendants’ actions, be they fraudulently or mistakenly, in obtaining the Insurances.

c) Alternatively, the Claimant seeks damages of £1641.91 in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £1641.91

d) Court costs;

e) The Claimant claims

i)Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of
22.9 %. This is the rate applied by the Defendant to the Claimant’s unauthorised use or borrowing of the Defendant’s monies, as provided for in the contract.

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not explained and were in fact mis-sold, not advising the Claimant that alternative products were available elsewhere.

ii) In the alternative to e i), if the Court is unable to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the Claimant avers that the defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the Claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 22.9 % per annum.

iii) In the alternative to e i) and ii), if the Court finds that the Claimant is not entitled to contractual interest, the Claimant claims interest under section 69 of the County Courts Act 1984.

iv)Schedule showing interest calculated at the rate quoted at I is attached to these particulars of claim, as follows:

Schedule A - Compound Contractual Interest calculated at 22.9%.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[bathgatebuyer]

Mine has been submitted at Newcastle County Court against the Halifax - will publish it for people's reference as and when the case settles. (I'm keeping it up my sleeve to give them a nice wee surprise!)

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[karinata]

Hi all,
As a newbie, I am just preparing to issue a claim....any advice ...would you use MCOL or local court?
I notice the MCOL only gives 1080 txt on up to just 24 lines.....I am having a job trying to fit it all in....anyone got template for this perhaps?
Thanks in advance.

[hellhasnofury]

Originally Posted by karinata

Hi all,
As a newbie, I am just preparing to issue a claim....any advice ...would you use MCOL or local court?
I notice the MCOL only gives 1080 txt on up to just 24 lines.....I am having a job trying to fit it all in....anyone got template for this perhaps?
Thanks in advance.

Hello Karinata,

Unfortunately there is no template poc for Mcol, you are best to use a N1, you will find one in the bank charges template letters, on the main page of the forum. Best to type up your poc, then copy and paste it to the N1, then print of I think 3 copies. Send two to the court, with your payment recoreded delivery.

Please take your time doing your poc, because once you send it, if you need to amend, add, it will cost your £35.

Good luck and if you need assistance, just ask

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[karinata]

Hi , thanks for that, I think I will go along with the N1 form , do you think I could adapt the post above by Phatram for my poc as mine is similar reasons for mis-selling.
Loan was taken out back in 2002 before regulations, what do you think my chances are of getting a refund?
Thanks for your help

[Vheneka]

Hi
The templet has very good information. I may use it in the near future.

Thanks

[johans]

Originally Posted by johans

alan, could this POC, be adapted for mortgage/loan guard PPI?

anyone?

[karinata]

Originally Posted by johans

anyone?

Hi there I use this for my PPI claim....hope it can be of help to someone else, you may need to adapt bits.....

The Claimants took out a secured loan on xx/xx/xxxx via a telephone call to the Defendant.
Claimants were told that the PPI was absolutely necessary in order to proceed to obtain the associated credit.
The policy was not defined nor explained and not considered "optional".
At the time of undertaking the secured loan, the Claimants were misled into procuring Payment Protection Insurance as part of the overall credit.
This is in breach of CCCA 1974, where a company must be fit to be involved in activities the licence covers.
The policy was not needed or requested as Mr X's employers operate a policy of full pay for 12 months of sickness,death in service benefits, and in addition to this there was critical illness cover and life insurance already in place.
PPI only applied to 5 years rather than full term. This is also in breach of Unfair Terms in Consumer Contract Regulations 1999, where a term is unfair if “contrary to the requirement of good faith if it causes a significant imbalance in parties rights and obligations under the contract, to the detriment of consumers”.
There was over-reliance on information sent through the post, which again breaches CCA 1974 and is therefore negligent in line with 1967 Misrepresentation Act.
Under CPR18 claimant requests full documentary evidence of absolute compliance with best practise in sale of PPI and detailed record of training undertaken by staff.
The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;
i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments
ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit
iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit
iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from XX/XX/XXXX to XX/XX/XXXX of £XXXX.XX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £X.XX

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	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.