Payment Protection Insurance

[towelie]

Any news yet?

[too strong]

What happened?

[deemacperth]

Sorry guys and gals, I've been concentrating on my Goldfish claim as I'm at court next month. Chasing Wescot and Equifax and preparing disclosure and looks like they're going to settle now.

Latest with YCC is that I've been doing some digging and almost have enough for a particular of claim.

Give me a week or 2. I'm also chasing 2 Freedom of Information requests against Westminster Council and Greater Manchester Police, Data Protection Act complaint about Carphone Warehouse, CCA argument with Wescot and trying to make Orange remove adverse credit history.

	Credit Report Click link to open in new window.

[deemacperth]

Okay, here goes.

Court claim filed today at the county court. Apologies it's taken a while, but I was concentrating on another matter that is now settled.

I've included my particulars of claim below. I wasn't able to get a solictor, the best one I was looking at was charging £400 an hour.

So I've done quite a bit of digging on the net and pulled my old contract law books out and I think it looks quite good myself.

Anyone have any questions on a specific point, ask away.

IN THE ANYWHERE COUNTY COURT

BETWEEN

deemacperth CLAIMANT

And

Direct Auto Financial Services Limited trading as Yes Car Credit DEFENDANT


PARTICULARS OF CLAIM


1. The Claimant had a credit agreement XXXXXX ("the Agreement") with the Defendant which was opened on or around November 2001 and closed on or around December 2003.

2. At the time of undertaking the credit agreement, the agent acting on behalf of 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) Under Section 75 of the Consumer Credit Act 1974 the Claimant was misled and false information was given during the interview process on the day the agreement was made;
i) The Insurances sold to the Claimant were not defined nor explained and were not "optional" as laid out in the said agreement, they were not accepted. The Defendants agent misrepresented the fact that the insurance was compulsory, due to desperate times of the Claimant; the Claimant felt that there was no choice but to agree to the credit bargain.
ii) The Insurance was mis-sold, as the Claimant was self employed at the time the agreement was allegedly made, the PPI would not have been valid and would not have covered the defendant in the event of unemployment.


b) The Claimant contends that the agent for the Defendant was fully aware of the Claimants circumstances and fraudulently passed incorrect details to the insurer to obtain these same Insurances from the insurer. The Claimant believes this grossly contravenes ordinary principles of fair dealing.

c) If the Court finds that incorrect details were not passed as a result of fraudulent behaviour then the Claimant contends that incorrect details were passed to the insurer through the Defendants’ agents’ mistake as to fact.


d) 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 £2245.22, by conferring a benefit under an ineffective transaction.

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £2245.22 by virtue of the Defendants agents’ actions, be they fraudulently or mistakenly, in obtaining the Insurances which offered no benefit to the Claimant.


c) Alternatively, the Claimant seeks damages of £2245.22 in regards to the Defendants clear breach of the Claimants human rights as proscribed 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 £2245.22

d) Court costs;

e) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true


Signed:

	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

	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.

[deemacperth]

Interesting reading if anyone wants to read it:

The Yes Car nightmare | This is Money

Half way to three quarters of the way down. 'Tis Moi!!!

[MARK PRINCE]

Hi this is so interesting,

I to am dealing with other claims at the mo and when they are done i will be claiming against YCC. Following your thread with massive interest any recent news to update us on???????????
Regards Mark

	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.

[mooreda]

i'm looking forward to learning the outcome of this case!

[Petmidget]

Can I just say ta.

Been looking for claim particulars for a PPI for a little while now, not that I am lazy but I didnt fancy diggin out the relevant legislation mytself, spend all day in law books already, evening and weekends no chance.

Will of course double check and tailor that it fits my particular circumstances.

Ta much

[Will Scarlet]

Having read the thread, am I right in thinking that PPI sold pre Jan/Feb 05 when it was regulated is unclaimable? Could someone enlighten me please.

[reidnet]

Originally Posted by timharrow

Having read the thread, am I right in thinking that PPI sold pre Jan/Feb 05 when it was regulated is unclaimable? Could someone enlighten me please.

Nope ... Still claim it back..The FSA only started regulating the PPI early 2005..Makes no difference though. Im claiming on one that was sold in 2003..and I aint giving up..

Good Luck and got em....

[bandonbhoy]

MBNA worked out what I had paid for last 12 months, calculated compound interest at 22.9% and said they were seeking the files back to June 2003 for similar exercise

	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.

[Angi]

Hiya

I recently phoned Cap1 to ask them to send me a copy of the PPI aggrement, that they have already told me I had signed!!! (wait for it) I couldnt remembering signing this agreements, well it was 5 years ago, never mind cut my long story really short, Yesterday I recieved a letter from Cap1:
Thank you for contacting us(how sweet) for a copy of your application.
Unfortunately, because you made your application online(yes I know that) we dont have a copy to send you(ohh noso how do they know I ticked the box?) I'm sorry for any incovenience this causes you.
------
now I only needed to see this info coz its very rare I do take out PPI, its something Ive never bothered about. Plus & heres the Plus side, which I have already told Cap1 when I took the card out 5 years ago, if I did so they say sign(well click the box) for PPI, & if I knew what I was entitled to, as I was working at that time, then I would have made a claim on the PPI(wouldnt I?) but with my illness starting 3 years ago, I am now being told its to late (ok so its to late) but I didnt know I had PPI. so anyone out there fancy telling me what I should or could do( apart from go to the pub)

[di0430]

Hi, We received our forms from the ombudsman in which we will be sending this off Monday-by special delivery post as we also have a recorded CD disk that was sent from Nemo-loans-when we played this on our disc on PC the dates were in no particular order-quite jumpy too as if there's bits of conversation missing regarding the loan quote. The main part was 21 April which that call lasted just over 20mins in which we were advised to continue with the insurance or we would have to borrow more, instead of £55,000 it would then have to be £63,000 to cover costs of the existing insurance of the first loan !! We were then informed if you also keep this going imagine what we would get back in 5 years so so !!
We were confused on this and thought we had no option we would just have to keep this going or we would have no choice and to borrow more, so we accepted the insurance or otherwise borrow more. My husband stated 'buts its optional and its a new loan' and the loan adviser said, 'yes its optional but really as its an advance and a new loan if we dont go ahead and keep the insurance we would be paying out more a month and losing as we would have to borrow more' it goes on and on with no other options even when we said there are cheaper options, but she was not having it.
We know this can take up to six months, but as we have all evidence with the CD, could this be resolved quicker ? We have now got to pay a higher mortgage payment a month too , as our deal ends this month and we were going through the process of a new mortgage deal. We unfortunately cannot go ahead with the new mortgage now as this has to be resolved first. (any info/advice will be a great help-thankyou).

[bobclark80]

Did you consider Sec 137 to 140 CCA 1974?

Extortionate credit bargains

137

.—(l) If the court finds a credit bargain extortionate it may reopen the credit
agreement so as to do justice between the parties.
(2) In this section and sections 138 to 140,—

(a) “

credit agreement “ means any agreement between an individual (the “ debtor
“) and any other person (the “ creditor “) by which the creditor provides the
debtor with credit of any amount, and

(b) “

credit bargain “—
(i) where no transaction other than the credit agreement is to be taken into
account in computing the total charge for credit, means the credit agreement,
or
(ii) where one or more other transactions are to be so taken into account,
means the credit agreement and those other transactions, take together.

138

.—(1) A credit bargain is extortionate if it—
(a) requires the debtor or a relative of his to make payments (whether
unconditionally, or on certain contingencies) which are grossly exorbitant, or

(b)

otherwise grossly contravenes ordinary principles of fair dealing.

What do you think?

[deemacperth]

Claim is now no more. Never made it as far as court, can't say much more suffice it to say the fizzy wine was flowing.

[bankofsandy]

posted by mistake

[lucky08]

Hello Everyone,
Just registered today. Has Anyone out there won a case against abbey national, If so was there any complications.

[smel24]

Well done deemacperth, I am about to embark on a similar journey with YCC, am still paying off the PPI (no longer have the car) which was mis-sold to me in 2003!
I will follow your success to try and win my money back too.

[The D.A]

I would reccomend anyone reading this thread to follow the link to the petition set up to raise awareness of the overpriced selling on PPi, with loan agreements.

Petition to: Prohibit loan companies from selling payment protection insurance with credit agreements.

spread the word, too many perople are being steered towards taking overproced ppi, in spite of the FSA's efforts to regulate the industry

[loti]

Hello people this is my first post,ever.
here goes..

I had a Sainsburys Visa Card from Nov 03 untill May 06. It was`nt untill I got together all the statments [AFTER I CLOSED ACCOUNT :o ]that i noticed along side the charges and interest wasCredit Care. I had had the card for 6 monthes before I used it, but some how had Credit Care charges each month? total =£53.05 .
I am right in thinking credit care IS the ppi ?? help

Also every 12 months a one off charge of £20 calling its self Card Protection?

Also ..I have had £300.00 in late fee`s @ £25. +
Interest:Total £800.00 +
Credit Care £630.00. I know I Can claim back late fee`s, also going to try to claim back ppi, but can I ADD the interest that they applyed to my account @ 22.9 % ??? I WISH !!

MMmmm I think i`v put my first post in wrong place,but im not sure where the right place is though, sorry.
better go now,
Loti x

	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.