Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Default poc for ppi are there any templates??

    hi, having got my credit card charges back, refusing to supply the cca and wont agree the account is in disputeicon , i am going to take them to court for the PPI charges plus interesticon etc, then for the account to made uneforceable.

    i cancelled the ppi in march 2005 because of a car accident and could not work for 6 weeks. thats when i found out the ppi was useless.

    does anybody know about claiming compensation for the misseling of the ppi or would i have a case.
    i have looked everywhere and cant find any POCicon's for misseling of ppi
    thanks

    Similar Threads:

  2. #2
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    Default Re: poc for ppi are there any templates??

    As yet there are no POCicon's, but you will find plenty of useful information in the stickies.

    Alan, Derby, UK.



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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  3. #3
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    Default Re: poc for ppi are there any templates??

    This was refered to me when i was looking for a PPIicon POCicon.
    dont quote me on it, but i hope it helps.
    http://www.consumeractiongroup.co.uk...t-1112662.html
    I guess you have to adapt/adjust, to suit your needs.
    Good luck.
    TC.

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    I Wish you everything you wish yourself.

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    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  4. #4
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    Default Re: poc for ppi are there any templates??

    thanks tonycee , very useful, will be adapting for my needs.

    has anyone done or know about claiming compensation for the misseling of this PPIicon.
    i cancelled it after 6 weeks of work in 1995 and tried to claim but found it did not cover self employed people.:-|


  5. #5
    Site Team alanfromderby has disabled reputation alanfromderby's Avatar

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    Default Re: poc for ppi are there any templates??

    Have a look at the other threads - you will also see a successes thread. The important thing is to stick at it, and not let them put you off.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    Or you may wish to buy one of these great resources:




    Postage £1.50 - Delivery in the UK only.
    Click on the above link to place your order - payment by Paypal.

    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  6. #6
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    Default Re: poc for ppi are there any templates??

    Quote Originally Posted by alanfromderby View Post
    Have a look at the other threads - you will also see a successes thread. The important thing is to stick at it, and not let them put you off.
    Sound advice indeed.
    Nice to see you back again Alan.
    They gave me the absolute run around for months because i didnt take things seriously.
    Do everything as per advised time scale.
    Please learn from my mistake.
    Good luck oggy1

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  7. #7
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    Default Re: poc for ppi are there any templates??

    hi everybody,
    just an update from my battle with MBNAicon/ virgin.

    have got a court date and had to send the court bundles of today as they have to be in on wednessday 27th feb, court date 16th april 2008.

    mbna havn't supplied transcripts of phone callsicon and produced other documents as requested by the court directions.

    i am going also to get them on failing to produce the cfa and compliance with the demands and if i win this on PPIicon i am then going for them on an unenforceable agreement.

    any comments would be appreciated.


  8. #8
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    Default Re: poc for ppi are there any templates??

    recieved MBNAicon court bundle today and i suprised that you cant read half the documents and the other documents are the application system snapshots from the computer, only one sheet has my name on .
    no defence as such and just a witness statement from their corporate solicitor.


  9. #9
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    Default Re: poc for ppi are there any templates??

    Quote Originally Posted by oggy1 View Post
    recieved MBNAicon court bundle today and i suprised that you cant read half the documents and the other documents are the application system snapshots from the computer, only one sheet has my name on .
    no defence as such and just a witness statement from their corporate solicitor.
    Hello Oggy,

    What does it state in their witness statement

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  10. #10
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    Default Re: poc for ppi are there any templates??

    hi hell ,
    having been reading the statement it deals with the application, and they show that it has been selected with a 1 in a box on my application which they say was clearly marked optional.then the paragraphs up to no 9 states that they sent me a form to fill in and sign and again this clearly was marked optional!!! they say.

    paragraphs 9-14 they are saying that i was sent all the details and it was up to me to make sure i understood all the terms and conditionsicon and i had 30 days to cool off and cancel if i wanted to.


  11. #11
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    Default Re: poc for ppi are there any templates??

    hi if anybody reads this , in the witness statement MBNAicon have asked for a strike out for this part of the claim under cpr rule 3.4, so they are saying i selected it from the internet and did not cancel within the 30 days therefore i have no basis for a claim.

    under the consumer credit act they have stated they do not understand my request for a credit agreement true copy, as they have complied with the required documentation.
    the document they have sent to me does not have any of the prescribed terms on it.


  12. #12
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    Default Re: poc for ppi are there any templates??

    Quote Originally Posted by oggy1 View Post
    hi if anybody reads this , in the witness statement MBNAicon have asked for a strike out for this part of the claim under cpr rule 3.4, so they are saying i selected it from the internet and did not cancel within the 30 days therefore i have no basis for a claim.

    under the consumer credit act they have stated they do not understand my request for a credit agreement true copy, as they have complied with the required documentation.
    the document they have sent to me does not have any of the prescribed terms on it.
    Hello oggy,

    I have asked one of the mods for a second opinion regarding their witness statement asking for a strike out.

    Sit tight:grin:

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  13. #13
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    Default Re: poc for ppi are there any templates??

    hi hell , this is going on now , i really thought they would give in but they are fighting it.
    only a month to court date.

    they still have not sent the information requested on the aqicon.


  14. #14
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    Default Re: poc for ppi are there any templates??

    Hello oggy1!

    A Month is a long time, so there is still plenty of time for them to cave in.

    Just keep building your case and if it does go to Court, you will be ready.

    I think they go through the motions, as many people give in to their threats, bluff and bluster and so don't turn up, letting them win by Default.

    Take it down to the wire, and see what happens. If they cave in, all well and good. If not, take the fight to them all the way. Any MBNAicon PPIicon bumf I dig up that can help will be passed on to you.

    I'm watching this with interesticon, as I have my own Card Charges and PPI battles yet to fight with this bunch. However, round one has already started (no punches thrown as yet)!

    Cheers,
    BRW


  15. #15
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    Default Re: poc for ppi are there any templates??

    hi thanks brw,
    keep asking them for transcripts of the phone callsicon which would screw them up for definate but they wont supply.
    i will keep you posted but i am going to fight all the way to court if i have to.


  16. #16
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    Default Re: poc for ppi are there any templates??

    hi to all .
    the big day is fast approaching.
    i am in court in oxford on wednessday 16th april 2008 at 11.30am.
    MBNAicon still refuse to produce the credit agreement and say they are defending in court.

    hope it goes ok !!!!


  17. #17
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    Default Re: poc for ppi are there any templates??

    Quote Originally Posted by oggy1 View Post
    hi to all .
    the big day is fast approaching.
    i am in court in oxford on wednessday 16th april 2008 at 11.30am.
    MBNAicon still refuse to produce the credit agreement and say they are defending in court.

    hope it goes ok !!!!
    Hello Oggy,

    Just do your homework so you are ready if in fact you do have to attend court. There is still time for them to settle beforehand. Have you informed the court that they have failed to produce the documents that you have asked for under the cpr

    I am rooting for you:grin:

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  18. #18
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    Default Re: poc for ppi are there any templates??

    Quote Originally Posted by oggy1 View Post
    hi to all .
    the big day is fast approaching.
    i am in court in oxford on wednessday 16th april 2008 at 11.30am.
    MBNAicon still refuse to produce the credit agreement and say they are defending in court.

    hope it goes ok !!!!
    Hi Oggy1

    have you formally requested that they supply you a copy of the agreement and if so how did you request it was it via CCA request or SARicon, was it via directions and were they at any point ordered by the court to disclose the agreement to you?

    they are not permitted to admit any documents at the hearing that they have not disclosed to you prior to the hearing and if they do you need to raise it as an issue with the judge

    can you confirm what orders have been made by the court in this matter? and can i check what track the case is on?

    is it small claims track,fast track or multi?

    i have read through the thread but the info is a little sketchy to be honest hence the tons of questions

    also, what was your particulars of claim?

    regards
    paul


  19. #19
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    Default Re: poc for ppi are there any templates??

    hi paul, sorry its been a bit sketchy but i will try to answer best as i can.

    i originally made a full SARicon request and followed it by a cca request paying the £1.00.
    they supplied a terms and conditionsicon document and a part of application which they said satisfied the requests.
    it did not have the details that is required ie signatures , rates etc.
    i have requested this document many times and have complained to the fosicon as well.
    i finally took them to court on the misseling of ppi using a modified poc from alanfromderbys template, inserting a bit about the refusal or failure to supply the credit finance agreement.

    it is allocated to the small claims track on wed 16th april at 11.30am.
    i have asked on the aqicon for the judge to issue directions for the transcripts of the phone callsicon but he failed to do this, apparantly and i was advised to ask at the hearing, why.

    i remember having these calls when a rep of mbna refused to allow me to cancel the policy and told me it was part of the agreement to have the card, after a couple of calls and pressure by mbna i managed to reduce the payments only.

    at no point has the court oredered them to disclose any documents.

    if you need any other info let me know


  20. #20
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    Default Re: poc for ppi are there any templates??

    had a phone callicon today from the court saying they have given the papers to the judge for an urgent decision on the directions for the disclosure of the phone callsicon transcripts.
    they will let me know.
    if i loose at court will the court award costs against me>
    does anyone know?



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