PPI claim and fraud

[progenic7]

Hi all,

firstly i dont quite feel like a newbie anymore now im past my 100 posts lol

now then to the point, i am about to make a claim to MBNA for the usual penalty fee's, however i also had a PPI with them that i believe was mis sold by them. I didnt tick the box on the original agreement and so for about 3 weeks they hassled me over the phone to take PPI out, i told them i was self employed and that i wouldnt be covered (which i wasnt) but they insisted i would be and so i took it out.
Firtly i have just read through the new Fraud Act 2006 and im liking what i see and actually think most of us have a case under the fraud act alone.
agree ?
secondly do you think it wise to lump the PPI with the CC fee's and bring it as one mother of a claim against them, quoting every statute going especially the new fraud act ?

any thoughts people...

progenic aka Johnny

[reidnet]

Yeah , I must admit the new Fraud Act 2006 brought a smile to my face too.. That much in fact that I added a couple of bits from it into My Statement of Claim against GE Money. The court Papers got posted off yesterday and arrived today..

So the touchpaper has been lit..Hope for a good old Fireworks Display Now..lol

Ian

[progenic7]

Hi Ian,

it makes very good reading doesnt it ?
but not just good reading i think we have a real argument here with this new act, so much of it is relevant its untrue. i will certainly be using paragraphs from it aswell as all the other relevant acts i can think of, the more ammo we have the better.
I have been following Battleaxe V MBNA and she has lumped together a claim for PPI with her charges, it will be interesting to see what the outcome will be.

[reidnet]

I have used the
Fraud Act
Missrepresentation Act
FSA Principles

Plus I think there is more in my 9 Page Statement of Claim..lol

Clock is ticking now.. so Just need to wait on court processing paperwork etc..

Ian

[progenic7]

Hi ian

do you have any good links to the misrepresentation and FSA principles ?

[marcelle]

Oh I simply love you guys salavating over the newly found arsenal!!!

Must take a peek at those Acts too as I was unaware of the Fraud Act. Love it!!!

[progenic7]

Hi Marcelle,

lol well its important to be armed and ready just in case its needed, i know that the chances are very slim that any bank or CC company will show in court but just lately there have been a few cases where they are showing up, and trying to abuse the court system to boot.
Personally speaking i would relish the chance to go head to head with one of them, though i know its some peoples worst fear.
When the day comes i know i will be prepared and ready for action, and the new fraud act will be playing a part in my claim (especially for PPI)

[reidnet]

Hi,
The Fraud Act features in my claim too.. Just waiting for the court to process the claim.. I just wonder if they will turn up and try and defend.. I hope so as I would love to get them to explain themselves in front of a judge , and the press of course..lol

Well my claim is out of my hands now and in the hands of the court..

Ian

[marcelle]

Well best of luck to you both as I'll be following your lead.... I ordered my Subject Access Request for my PPI last week so awaiting those docs...

[Bicester1]

Hi

Progenic7, link here Misrepresentation - Wikipedia, the free encyclopedia

Bicester1

MBNA WON £623
GM Card Won £580
Barclaycard LBA
Nat West Bank offer received negociating
Nat West CC offer received negociating
Lloyds PPI prelim
Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

[reidnet]

Well My Summons has Arrived at GE Money... so lets see what happens next ..

Ian

[progenic7]

bicester1 thanks for that mate, im always looking out for any info that can be added to my claim.

Ian what do you think are the timescales for you on this case ?

With the MBNA PPI im going to try and lump it together with my charges claim, atleast initially in the prelim anyway. Im not sure whether that would quite work in court though.

Ian have you got a link to your prelim for PPI letter ?

[reidnet]

Im not sure what the timescale for Court will be.. I have had it Acknowledged from GE Money and a Press Contact that my Summons has been issued from Wolverhampton Court. I have not had any confirmation from the court as yet, If nothing arrives in tomorrows post I will ring them for more info on Monday.

Ian

[progenic7]

Ian,

the best of luck mate not that i think you will need it or anything if you have used the arguments you say. Im still working on my prelim making sure i have all bases covered.
Then again im not so sure its a great idea to give to much away at prelim stage, perhaps a better tactic to drop the arguments on them at the last minute.
anyway good luck mate !

[reidnet]

Thanks Progenic7

Not sure if this will be the first of this type to go to court if it does go that far, Just have to wait and see what the come back with.

[SupermanX]

Hi Iain,

I was just curious to know what was the outcome of your case versus GE Money? I also wanted to know where can i find more information on the Fraud Act 2006 as I want to use this in my claim.

Thanks for your help

[gemspan]

http://www.lawcom.gov.uk/docs/lc276bill.pdf

This is the draft bill but it has been ratified now!!!!!

Hope this helps
Annie

[progenic7]

heres the actual act thats been passed and came into effect in Janurary 2007 The Fraud Act 2006

http://www.opsi.gov.uk/ACTS/acts2006...0060035_en.pdf