Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks Highly informative Nightmare4banks's Avatar

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    Default Legal Question Ppi On Credit Cards..

    Hi all!

    SAY FOR EXAMPLE...

    1.If someone has had a credit card for a lengthy period of time(almost 8 years) and a large credit card balance which upon inspection of previous statements shows it has a large percentage of PPIicon monthly instalments added on together with compound interesticon forming a large part of this current balance owed could one argue that this debt is unenforceable with reference to the London North Securities Ltd v Mr.&Mrs Meadows & Another Court of Appeal[2005] case?

    The only difference is the fact that the Meadows case was for a fixed term loan whereas a credit card is by definition "revolving credit".

    2.As the PPI costs have mounted and have become now a large percentage of the principal debt owed rather than a debt accrued as a result of spending on the card in the form of purchases and/or cash withdrawals.

    3.PPI is supposed to be a charge levied for a service likely to be needed further down the road and not itself credit or a charge for credit.

    4.By the way,this is going away from the issue of misselling under whatever guises/reasons but looking at the card debt with reference to the enforecability issues that have been highlighted in previous high profile cases.

    IN CONCLUSION...

    If what I have just mentioned has any validity this means that any credit card debt of this type i.e.with a large element of PPI would be unenforceable.

    The principal owed and the PPI would have to be calculated seperately and added together in order to have an enforceable debt.

    Also,forgetting anything to with the debt being extortionate etc.


    Agree? or Disagree? Any views would be highly appreciated.

    Many thanks in advance.

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  2. #2
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    Default Re: Legal Question Ppi On Credit Cards..

    Hi

    I noticed your thread was not answered, I suppose the credit card companies hope that most people will be put off from claiming to do the complexity I am no expert, so do you mind my replying to bump your thread


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    Default Re: Legal Question Ppi On Credit Cards..

    having to go through court with MBNAicon at the moment, i think you have a valid point and it might worth mentioning this at some stage.
    it would be great if some of the experts on here would care to comment.


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    Default Re: Legal Question Ppi On Credit Cards..

    Hi Nightmare4banks,

    I'm starting to reclaim PPIicon back from credit cards and although I haven't had anything back yet, I am going to insist that it is refunded back to me in cheque and not taken from my outstanding balance. My reasoning was as you have said, its not part of my card debt but a separate payment. I'd be interested to hear if any of the experts have had this before too.

    C


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    Default Re: Legal Question Ppi On Credit Cards..

    Maybe we need to pm some of the mods

    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


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE