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Hi
I have a loan with PPI, the agreement is good.?
But despite S77/78, Subject access request, CPR18 and a court order for disclosure, (by 4pm 29 Oct). I have not recieved ;
PPI Policy
PPI terms and conditions
I am the defendant in this case and my defense and counterclaim to the claim is based on;
Multiple Agreements falling within section 18
Secret commissions
Mis-selling of PPI
Is this agreement unenforceable if they do not supply the PPI Policy or/and the Terms & Conditions?
Is there any other recourse?
Many Thanks
If you post up the agreement and the oppositions POC's after removing personal details,it will enable experienced caggers to give their opinion on them and hopefully offer advice.
Write to the Information Commissioners Office pointing out the failure of the company to fully supply the data requested.
Explain the actions you have taken so far. There may be a chance the documents could be produced when you least expect it. The ICO is just another way of trying to get the documents produced. If the ICO get the same result as you they could hardly then produce the CCA in court.
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
The agreement has the seperate signature boxes, the seperate amounts of credit etc. There is nothing wrong with it.
The section 18 part, is regarding unrestricted use of credit V restricted use of credit, (not PPI).
This is an adjourment, so I do not have a new POC from them.
This is a secured Loan shortfall.
The agreement refers to the Optional PPI , But nothing else.
No PPI policy has been sent, No PPI terms and conditions have been sent.
I am unaware of their existence.
But it was a long time ago.
Thanks
The best I can do to advise you on this, is to point you in the direction of the legal minds and areas that deal with the subjects you require answers on. Do please have a look at the links above as they may be able to provide the answers you need.
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I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
no ppi policey, no ppi T&C's
, the agreement is good
.?
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, But nothing else.