Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have been corresponding with Capital Bank over a number of issues relating to an old loan for which a default had been entered on my 'credit file'. Cap Bank have refused to remove the default. I then sent a S.A.R - (Subject access request) and discovered charges plus Lifecare Insurance added to the loan as a single payment that I could not possibly have benefited from as I was a student at the time of taking out the loan and with no fixed income.
I sent a Preliminary Request for payment which included a reference to the mis-selling of PPI and a request for the terms and conditions of the Lifecare Insurance element of the loan. This was ignored!
I have today sent an lba requesting: 1) repayment of charges 2)repayment of Lifecare Insurance amount and 3) removal of default.
Having read the Legal Arguments section of this forum, my understanding is that the PPI (Lifecare Insurance) was mis-sold within the terms laid out in section 13 of Supply of Goods and Services Act 1982 and section 2 of the Misrepresentation Act 1967 as it would be deemed an 'extortionate credit bargain.'
Could someone tell me if I'm right in this and also is it wise to include my tri-partite request within one claim (N1 and POC) or should the PPI be a separate issue?
Having read the Legal Arguments section of this forum, my understanding is that the PPI (Lifecare Insurance) was mis-sold within the terms laid out in section 13 of Supply of Goods and Services Act 1982 and section 2 of the Misrepresentation Act 1967 as it would be deemed an 'extortionate credit bargain.'
You are correct, apart from the last bit. The "extortionate credit bargain" only comes into effect where you are arguing issues under the Consumer Credit Act 1974. This would be where someone was arguing that the whole agreement was missold - or that the PPI transaction had been wrongly calculated, or misapplied on the agreement.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
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.
Alan, thanks very much for clarifying this for me and replying so promptly. Just to clarify further, should I include all three elements in my claim or separate the PPI issue from the return of charges and removal of default on my N1?
My own guess is that, as Cap Bank have suddenly ceased answering my letters, they may realise they haven't a leg to stand on and crumble quite quickly before court on all three issues ...
It is important on several levels that you pursue them together. Firstly, and most importantly, the overriding objectives of the court require that as many issues as possible are dealt with at the same time in order to keep down costs and court time.
Secondly, it has proved close to impossible to get a default removed when the matter is dealt with in isolation.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
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.
Yes, I've discovered that defaults, in isolation, are a tough nut to crack! Those that I've successfully had removed have been removed in tandem with a charges claim, and included in my N1/POC.
I was really wondering about the PPI, but concur with you about getting everything in one money claim ... the courts seem to prefer this and I can understand why.
Absolute silence from Capital Bank on these matters following Prelim and lba so I guess they're expecting the worst ... well I've given it to them in the form of my N1 in which I request return of charges plus mid-sold PPI and removal of default.
Absolute silence from Capital Bank on these matters following Prelim and lba so I guess they're expecting the worst ... well I've given it to them in the form of my N1 in which I request return of charges plus mid-sold PPI and removal of default.
Hello Paintball,
Just caught up with your thread. Any chance of posting up your POC, details ommitted, or the legislation that you used for your poc. It would be most helpful for others who are struggling to do them.
There is a stickie asking for details of poc for ppi, with not much on it:?.
Wishing you the best of luck and please keep us posted
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
Capital Bank have acknowledged the claim, the defendant's name has been changed to Bank of Scotland PLC ... they state their intention to defend all of the claim. I can't wait to read their defence of:
a) penalty charges ... and ...
b) mis-selling PPI to a student with no fixed income who would be excluded from benefiting from the PPI should I ever have needed to draw upon it ...
Dont suppose you have a letter I can send Capital to get them to comply with no 7 in my defence that said they must remove all bad credit data on me due to not paying them for the months that the charges dispute was on for, do you?? Phew - that was a mouthful!!!
Dont suppose you have a letter I can send Capital to get them to comply with no 7 in my defence that said they must remove all bad credit data on me due to not paying them for the months that the charges dispute was on for, do you?? Phew - that was a mouthful!!!
Loadsa luv,
Leccy
xxxxxxxxx
Hey Lemony
Sorry for not replying sooner to your post. Where are you up to with your claim? You mention defence, how far has this got at court stage? Happy to help but need more specific info babes ...
I completed my aq and included a Draft Order for Directions. Copy sent to Defendant. District Judge at my local court issued the Draft Order to the Defendant with a copy to me.
The Defendant has not responded, so Judgment requested today at court for immediate and full payment of charges, PPI and interest accrued on both ...
Paintball vs Capital Bank
) and discovered charges plus Lifecare Insurance added to the loan as a single payment that I could not possibly have benefited from as I was a student at the time of taking out the loan and with no fixed income.
Reply With Quote
Originally Posted by Paintball
