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.
If anyone thinks that they have clear evidence of misselling to the extent that the seller has been negligent or even fraudulent - and you would like to claim through the courts, then let us know and we wil help you draft a claim for restitutionary damages.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
If you have had a successful PPI claim through the Ombudsman and there has been a finding of clear mnisselling, then you might be able to continue the clam through the court and win additional compensation bny way of restitutionary damages.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Umm, interesting. I would say my claim would qualify as fraudulent, what would be involved in claiming restitutionary damages? Sorry I’m not good with this sort of thing.
Edit: But I haven't been through the Ombudsman route yet.
Umm, interesting. I would say my claim would qualify as fraudulent, what would be involved in claiming restitutionary damages? Sorry I’m not good with this sort of thing.
Edit: But I haven't been through the ombudsman route yet.
You don't need to go through the fos but if you have then a finding in your favour may save you some work when bringing a court claim.
However, you would have to have clear evidence of mis selling. This means that you would have to have written evidence that they knew of your unemployment or disability etc or other reason why PPI did not apply to you.
Alternatively you would have to have clear written evidence that they did tell you that PPI was essential to get the loan etc.
In other words you must be able to prove in court that there was some misrepresentation which caused you to buy the policy and to part with your money.
The more glaring the mis-selling then the easier it would be to get restitutionary damages.
For instance, if you could show that a form had been altered, then this would be fraudulent. Not only would you almost definitely get restitutionary damages, but I expect that you would get punitive damages as well.
Punitive damages is an extra award on top which demonstrates the displeasure of the court.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
The whole fos setup is a nuisance. It is not transparent, it provides only minimum awards and of course it takes far too long and there are never any explanations about anything.
The fact that the matter is already with the FOS is not problem and you could quite easily decide to start taking court action.
I would suggest that the best thing to do would be to prepare your case so that you are absolutely ready to go to court -- then send the bank and the FOS a warning that you will be issuing proceedings within seven days.
See what happens.
However if a seven-day deadline expired then you must take your action. It is not worth it simply to make threats in the hope that they will respond to your bluff. The only thing they understand is brute force
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Hi Bankfodder, thanks for replying. I think I’ll have to look into it further with regards to what I’d stand to lose if unsuccessful e.g. bank cost etc, as I have limited funds. I still haven’t received all the info from my S.A.R yet, so the only evidence I have of ‘mis-selling’ is my credit card agreement, which has the no to PPI ticked. I’ll look into and let you know.
Restitutionary damages and PPI
is a prime candidate for restitutionary damages
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Originally Posted by Buster78
