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I have an upcoming court case regarding the MIS selling of PPI against wf and have been told by the court I need to submit all the evidence I want to use to the court an to wf. All I have is 3 agreements from the loans, 2 had no ppi on but when I took the 3rd loan with them I was told unless I took ppi I would be refused an increase in the loan although my circumstances hadn't changed from when I took the first loan. In my POC I put about the misrepresantation act and I believed the customer service person didnt have my best interests at heart etc. What else can I submit as evidence to show that the policy was MIS sold to me that will help my case. I'm also diabetic which has never been disclosed to wf as I was never asked when I took out the loan and I didnt put in my poc. Any help would gratefully be recieved as the date is getting closer and I'm panickng about it now!
hi wills7
you need to put the misrepresentation act in your court bundle as a start.
list all the letters with a complete record of all the delivery dates, ie recorded slips and the replies. that is part of it.
produce a witness statement, which is basically a background of the main points and there is a template in the bank bundle which you can adapt.
if you go to the stickies at the start there will be more information to get.
you have to do 3 copies of everything , 1 for court, 1 for wf and the originals for you.
I have an upcoming court case regarding the MIS selling of PPI against wf and have been told by the court I need to submit all the evidence I want to use to the court an to wf. All I have is 3 agreements from the loans, 2 had no ppi on but when I took the 3rd loan with them I was told unless I took ppi I would be refused an increase in the loan although my circumstances hadn't changed from when I took the first loan. In my POC I put about the misrepresantation act and I believed the customer service person didnt have my best interests at heart etc. What else can I submit as evidence to show that the policy was MIS sold to me that will help my case. I'm also diabetic which has never been disclosed to wf as I was never asked when I took out the loan and I didnt put in my poc. Any help would gratefully be recieved as the date is getting closer and I'm panickng about it now!
Hello wills,
The court cases are daunting but you will be fine, do as oggy suggests and maybe get a letter from your doctor regarding your diabetes
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
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
I've been looking for a template for a witness statement but am unable to find one. I roughly know what needs to go in in such as dates etc but am unsure how to lay it out an what else to put in it. I don't want to make mess of this after coming so far so would appreciate any help or a copy of a witness statement I could amend with my own details. Thank you.
a few of us, me included have taken welcome to court and won.
througout my battle a chap called mr orill delt with the court action.
i know he has now lost a few cases thanks to CAG.
i went straight to the chief executive of cattles plc because of the way the case was being handled.
be interested to know any welcome fighters are now dealing with a mr orill or has he parted company
advice i can give is that welcome can be beaten, just show there failings to the court. i know in my case judge was not ammused in there lack of correct procedure
thanks for that I hopfull I can beat them I'm just concerned on what to put in and how to word my witness statement so any help on that would be much appreciated
how soon is your court date
like you to begin with i was into areas i did not understand
i had to put an ammendment into my POC as i was discovering new things every day from advice on this forum.
the ammendment cost me £75
i know more expense but it is well worth it.
its obviouse your were conned into PPI
even at this late stage try to find out who sold you the ppi
then dig deeper and try to find out if they are qualified to give that financial advice.
most welcome staff are commission based, only after a bonus.
traind monkey can do that.
things to ask your self, were you asked if you suffer from any medical condition that may affect pay out
i know this may sound strange but, have you checked that you do have the insurance, welcome are only brokers. i say that from my own experience ( hint )
do you have your SAR
details will be in that
were you told the ppi would be front loaded
get the idea
i know its late in the day and you might be able to adjorn if needed but you have one shot at this to get it right
definately check out what others have said and see try to get proof that you do not actually have the policy.
my policy should've been taken out in 2004 but on this line of evidence welcome provided the judge in my case with a policy document which
a, had a reference to a document that only became law in 2006
b, had my address stated as the address in which i moved to in 2007
c, had an address for welcome which they moved to in 2005
but the judge still didn't take it as a made up one and beleived them over me.
it all comes down to how you are on the day.
best tip i could give would be to have your case 100% straight and stick to it. have all your documents neatly referenced and know where to point the judge to on every point you raise. think about some of the questions they may ask of you and know your counter arguements
yes, unfortunatley my joy as short lived as the judge ordered the judgement to be set aside even though wf had failed to lodge a defence in time.
Sorry to hear that wills, wonder what would have happen if the shoe was on the other foot. I despair at the legal system, mmmm justice for all, yeah right
Anyway carry on regardless, dont let them grind you down
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
Does anyone know how i should work my pre existing medical condition and about my excellent redundancy package and sickness pay from my employer in to my witness statement. I have a copy of my contract and benefits and i doctors note to add to my court bundle now but not sure on the wording...
Right then, court bundle is completed just waiting on the doctors report to confirm i DID have a pre existing medical condition when theY forced PPI on me when i took out the loan. I think i stand a prretty good chance now on the coule of counts i've got in favour of the misselling of the PPI..
welcome finance
against wf and have been told by the court I need to submit all the evidence I want to use to the court an to wf. All I have is 3 agreements from the loans, 2 had no ppi on but when I took the 3rd loan with them I was told unless I took ppi I would be refused an increase in the loan although my circumstances hadn't changed from when I took the first loan. In my POC
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Originally Posted by wills7
