Puddinpie v Studio PPI - Studio Defending

[puddinpie]

Wrote several times to Studio to claim miss-sold PPI but they did not want to co-operate. So after following the correct channels request for payment, LBA etc I issued an N1.

Studio wrote to me at the weekend and have basically denied quite a few things that I have written on the POC.

They sold me the PPI despite me telling them it was worthless (I explained my work position etc and other insurance policies I had in place), however, they told me having the PPI would get me a credit increase so I foolishly took it out. I originally refused the PPI when the account was set up and now they are saying that I must have rung up two years after setting the account up and asked for it !!!!!

They have said they will defend the claim and they will also, if successful, sue me for costs ………!!!!

I have written back today and said I disagree with what they state about me ringing them up etc etc and that the operator DID link the PPI to a credit increase. I have said I will not retract my claim and that I too would need to claim for costs e.g. time off from work.

I am adamant they miss-sold that policy …….I remember the phone call very well despite it being back in 2003 as I was so cross that I had basically had to take out PPI to get a credit increase ………..

The letter was really snotty and as I read it, it was like they were trying to frighten me into withdrawing the claim.

They also state that I have not followed their complaints procedure .........ie .contacting Financial Ombudsman

This claim is only for £106.00 + £30.00 court fee …….however, the way they sold that premium to me was so outrageous that I want justice……

Has anyone else got to court with Studio re PPI

[hellhasnofury]

Wrote several times to Studio to claim miss-sold PPI but they did not want to co-operate. So after following the correct channels request for payment, LBA etc I issued an N1.

 

Studio wrote to me at the weekend and have basically denied quite a few things that I have written on the POC.

 

They sold me the PPI despite me telling them it was worthless (I explained my work position etc and other insurance policies I had in place), however, they told me having the PPI would get me a credit increase so I foolishly took it out. I originally refused the PPI when the account was set up and now they are saying that I must have rung up two years after setting the account up and asked for it !!!!!

 

They have said they will defend the claim and they will also, if successful, sue me for costs ………!!!!

 

I have written back today and said I disagree with what they state about me ringing them up etc etc and that the operator DID link the PPI to a credit increase. I have said I will not retract my claim and that I too would need to claim for costs e.g. time off from work.

 

I am adamant they miss-sold that policy …….I remember the phone call very well despite it being back in 2003 as I was so cross that I had basically had to take out PPI to get a credit increase ………..

 

The letter was really snotty and as I read it, it was like they were trying to frighten me into withdrawing the claim.

 

They also state that I have not followed their complaints procedure .........ie .contacting Financial Ombudsman

 

This claim is only for £106.00 + £30.00 court fee …….however, the way they sold that premium to me was so outrageous that I want justice……

 

Has anyone else got to court with Studio re PPI

 

Hello Puddin,

 

Good for you

 

Don't be intimitdated by them, they will try to scare you off. Just look at them as little muppets, just doing their job.

 

Carry on and they will fold:D

[puddinpie]

Well Studio have done as they stated and defended. Thjere defence is full of porky pies as I expected.

 

Now recieved AQ .......

 

Does anyone have any draft directions I could use for the AQ please. I have looked at the advise on completing the AQ but these all seem to be focused on bank charges.

 

Thanks

[puddinpie]

BUMP ....Please ......

 

Anyone know of where I might find some draft directions for a PPI claim.......

 

I have to get my AQ sent in by end of the month

[puddinpie]

Studio are threatening me with there intention to claim against me to recover costs ....................

It is going via the small claims track ...........does anyone have any advice on this please ........

I though the small claims track meant you couldn't do that (I have a completely dreamt that one up !!!)

[puddinpie]

I have answered that one myself ..........

 

In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims.

 

What about other costs though ......?

 

Also a Data Protection question now ..........Studio state they cannot release a recorded telephone conversation as under the DPA the information held would be strictly company property .....????

 

Any thoughts?

[hellhasnofury]

I have answered that one myself ..........

 

In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims.

 

What about other costs though ......?

 

Also a Data Protection question now ..........Studio state they cannot release a recorded telephone conversation as under the Data Protection Act the information held would be strictly company property .....????

 

Any thoughts?

 

I think, but not 100% that you can ask for this information under the civil court protocol, this may be evidence that is vital to your case. and they are failing to disclose. You have the right to see and hear any information that they hold on you under the dpa

[reidnet]

Hiya Puddinpie,

Looks like Studio are trying to scare you off.. I have sent you some stuff by PM which you can throw straight back at them regarding costs etc..

 

Re not releasing the telephone conversation relating to you , I would without delay submit a complaint to the ICO, Not supplying information that they have told you they have is an offence..

 

Ian

[puddinpie]

Had court date now for Jan 2008.

 

Studio have written to me on several occassions stating the same crap over and over gagain that they are defending.

 

They also keep stating that if successful they wil start a new claim against me for costs.

 

The final letter I received from them was as copy of a letter they sent to the Judge ......they have said it is their defence.

 

They said new information has "come to light" and that I selected the PPI either online or via post. They are completely denying that they sold me the PPI over the phone and that the codes shown on their system show I selected it. They have sent me a copy of this print out - which to be honest it garble to me as it just contains codes.

 

As a last ditch attempt to try and get this resolved I have written the following letter:

 

In response to your letter to the District Judge I wish to make the following points:

1. I cannot state for definite, whether by post, internet or phone, how the order dated 12th November 2003 was placed. My reasoning for not remembering is that this order has no significance whatsoever in my mind.

2. On the contrary, I can however state that the telephone call I received in relation to this order was received from one of your telephone operatives. My reasoning for distinctly remembering this telephone call is that it was of significance. It aroused a certain amount of anger in me and a strong sense of wrong doing by you. As a result of this anger and disgust I remember the telephone conversation well. This was the telephone call in which I was miss-sold PPI by one of your operatives. As I am sure you are aware, instances or situations which arise immense emotions tend to be situations which we are best able to recall at a later date. I was absolutely enraged that I had been forced to take out a PPI policy, that had no benefit to me whatsoever, just so that it would put me in better stead to obtain a credit increase on my account. Given the high level of emotions I felt regarding this telephone call I am sure you can appreciate why I so vividly recall the said conversation.

3. You state that evidence on my account shows that the welcome letter was sent to my registered address and that you can demonstrate robustness of your Quality Management System to ensure that this letter was sent. Again I reiterate that I did not receive any documentation pertaining to the PPI or what could have been construed as a PPI welcome pack, and quite frankly it is not pertinent to the case. Even if I had received the welcome pack I would not have done anything about it. I did not purchase the PPI for any kind of protection, as it was useless to me. It was purchased as I was led to believe it was linked to credit increases.

4. I refute your statement that credit limits are purely based on trading history as in this instance I begrudgingly paid for PPI as your operative said it was essential to secure credit increases on my account.

5. Again I reiterate that the PPI was miss-sold. The operator did not outline any benefits of the policy to me and did not discuss any exclusions which applied to the policy. I distinctly recall talking to the operator about what real benefit the policy would give to me as I was employed at the time in an industry where redundancy is unheard of, my employers operated a policy of death in service benefits and sickness policy of such a generosity that any insurance would have been wholly unnecessary. I also explained to the operator that should I have been unable to work I would have automatically been entitled to 6 months on full-pay. I also told the operator about my pre-existing medical condition. The operator seemed to be very blasé about what I had told her regarding my circumstances and then insisted that I was more likely to receive a credit increase on my account by having Payment Protection. It was on this basis that I agreed to take out the Payment Protection.

You have submitted 3 documents which you classify as “evidence” and I wish to make the following points regarding them:

1. I have never stated by what methodology the order dated 12th November 2003 was placed. The reasons for that were quite simple …….I did not know.

2. You state the invoice shows that I selected PPI when the order was place. This statement I refute wholly. I did not select PPI whilst this order was placed. The PPI was taken out over the telephone as a result of one of your operatives telephoning me.

3. The copy of the welcome letter is merely a sample of what you state you supplied me and I do not feel provides any kind of evidence. It is obviously a sample as the address stated on the welcome letter is my current address and not the registered address of the account holder at the time in question.

4. The copy of the recorded entry welcome letter is meaningless to me as it contains a mixture of alphanumeric codes for which I have no understanding of.

In conclusion I wish to make the following statements:

1. You correspondence has been very contradictory, in particular surrounding the telephone conversation when the PPI was sold to me by one of your operatives.

2. Whether or not you actually sent out the PPI welcome pack is I feel of very little significance in this case and I feel you are trying to shift the focus of the case towards this.

3. I do not appreciate letters being sent to me marked “without prejudice” claiming that you will be counterclaiming against me for reimbursement of your costs. This is not the first time that I have had to discuss this behaviour with you. I find it threatening and a tactic that you are using to frighten me into dropping the claim against you. I believe the small claims court is a place where citizens like myself can seek recompense through the legal system without having to face such threats of costs. In any case I believe there is only one person who can make a decision on costs and that will be the District Judge.

4. It is not logical to suggest that after 2 years of having an account with you I would then suddenly decide to purchase PPI. I do not have, and never have agreed to ever purchase PPI with any credit that I have ever taken out. My reasoning for this is that PPI is of no benefit.

5. This claim is for a very insignificant amount. I realize from your defence that you do not agree with my analysis that the Payment protection Policy was miss-sold. I do however recognize the fact that the sum at issue between is modest and as such it is not cost effective for either party to proceed to trial. This case so far in postage costs alone has cost me in excess of £14.00 – that is in excess of 17% of the original charges.

6. The amount of time I am spending on this case, coupled with your threatening behaviour of counter claiming versus the reward I am seeking is incomprehensible and I wish to stress that it is not about the money, it is about the principle surrounding the selling of the PPI.

7. As 1 final opportunity to resolve this I am offering one final resolution. Reimbursement of court fees I have incurred £55.00 (£30.00 court fee and £25.00 listing fee) and repayment to me of 50% of the PPI charges which are £53.98, and a donation to charity equivalent to the remaining 50% of the PPI charges of £53.98.

8. Upon receipt of a cheque for £108.98 (my court fees and 50% of charges) and a donation to any charity of your choice for £53.98 I will drop all charges against you.

If you do not agree with my proposals stated in point 6 above then unfortunately you leave me with no choice but to proceed with the claim.

I have sent a copy of this letter to the District Judge.

Yours sincerely

 

Any comments ........?

 

[hellhasnofury]

Had court date now for Jan 2008.

 

Studio have written to me on several occassions stating the same crap over and over gagain that they are defending.

 

They also keep stating that if successful they wil start a new claim against me for costs.

 

The final letter I received from them was as copy of a letter they sent to the Judge ......they have said it is their defence.

 

They said new information has "come to light" and that I selected the PPI either online or via post. They are completely denying that they sold me the PPI over the phone and that the codes shown on their system show I selected it. They have sent me a copy of this print out - which to be honest it garble to me as it just contains codes.

 

As a last ditch attempt to try and get this resolved I have written the following letter:

 

In response to your letter to the District Judge I wish to make the following points:

 

1. I cannot state for definite, whether by post, internet or phone, how the order dated 12th November 2003 was placed. My reasoning for not remembering is that this order has no significance whatsoever in my mind.

2. On the contrary, I can however state that the telephone call I received in relation to this order was received from one of your telephone operatives. My reasoning for distinctly remembering this telephone call is that it was of significance. It aroused a certain amount of anger in me and a strong sense of wrong doing by you. As a result of this anger and disgust I remember the telephone conversation well. This was the telephone call in which I was miss-sold PPI by one of your operatives. As I am sure you are aware, instances or situations which arise immense emotions tend to be situations which we are best able to recall at a later date. I was absolutely enraged that I had been forced to take out a PPI policy, that had no benefit to me whatsoever, just so that it would put me in better stead to obtain a credit increase on my account. Given the high level of emotions I felt regarding this telephone call I am sure you can appreciate why I so vividly recall the said conversation.

3. You state that evidence on my account shows that the welcome letter was sent to my registered address and that you can demonstrate robustness of your Quality Management System to ensure that this letter was sent. Again I reiterate that I did not receive any documentation pertaining to the PPI or what could have been construed as a PPI welcome pack, and quite frankly it is not pertinent to the case. Even if I had received the welcome pack I would not have done anything about it. I did not purchase the PPI for any kind of protection, as it was useless to me. It was purchased as I was led to believe it was linked to credit increases.

4. I refute your statement that credit limits are purely based on trading history as in this instance I begrudgingly paid for PPI as your operative said it was essential to secure credit increases on my account.

5. Again I reiterate that the PPI was miss-sold. The operator did not outline any benefits of the policy to me and did not discuss any exclusions which applied to the policy. I distinctly recall talking to the operator about what real benefit the policy would give to me as I was employed at the time in an industry where redundancy is unheard of, my employers operated a policy of death in service benefits and sickness policy of such a generosity that any insurance would have been wholly unnecessary. I also explained to the operator that should I have been unable to work I would have automatically been entitled to 6 months on full-pay. I also told the operator about my pre-existing medical condition. The operator seemed to be very blasé about what I had told her regarding my circumstances and then insisted that I was more likely to receive a credit increase on my account by having Payment Protection. It was on this basis that I agreed to take out the Payment Protection.

 

You have submitted 3 documents which you classify as “evidence” and I wish to make the following points regarding them:

 

1. I have never stated by what methodology the order dated 12th November 2003 was placed. The reasons for that were quite simple …….I did not know.

2. You state the invoice shows that I selected PPI when the order was place. This statement I refute wholly. I did not select PPI whilst this order was placed. The PPI was taken out over the telephone as a result of one of your operatives telephoning me.

3. The copy of the welcome letter is merely a sample of what you state you supplied me and I do not feel provides any kind of evidence. It is obviously a sample as the address stated on the welcome letter is my current address and not the registered address of the account holder at the time in question.

4. The copy of the recorded entry welcome letter is meaningless to me as it contains a mixture of alphanumeric codes for which I have no understanding of.

 

 

 

In conclusion I wish to make the following statements:

 

1. You correspondence has been very contradictory, in particular surrounding the telephone conversation when the PPI was sold to me by one of your operatives.

2. Whether or not you actually sent out the PPI welcome pack is I feel of very little significance in this case and I feel you are trying to shift the focus of the case towards this.

3. I do not appreciate letters being sent to me marked “without prejudice” claiming that you will be counterclaiming against me for reimbursement of your costs. This is not the first time that I have had to discuss this behaviour with you. I find it threatening and a tactic that you are using to frighten me into dropping the claim against you. I believe the small claims court is a place where citizens like myself can seek recompense through the legal system without having to face such threats of costs. In any case I believe there is only one person who can make a decision on costs and that will be the District Judge.

4. It is not logical to suggest that after 2 years of having an account with you I would then suddenly decide to purchase PPI. I do not have, and never have agreed to ever purchase PPI with any credit that I have ever taken out. My reasoning for this is that PPI is of no benefit.

5. This claim is for a very insignificant amount. I realize from your defence that you do not agree with my analysis that the Payment protection Policy was miss-sold. I do however recognize the fact that the sum at issue between is modest and as such it is not cost effective for either party to proceed to trial. This case so far in postage costs alone has cost me in excess of £14.00 – that is in excess of 17% of the original charges.

6. The amount of time I am spending on this case, coupled with your threatening behaviour of counter claiming versus the reward I am seeking is incomprehensible and I wish to stress that it is not about the money, it is about the principle surrounding the selling of the PPI.

7. As 1 final opportunity to resolve this I am offering one final resolution. Reimbursement of court fees I have incurred £55.00 (£30.00 court fee and £25.00 listing fee) and repayment to me of 50% of the PPI charges which are £53.98, and a donation to charity equivalent to the remaining 50% of the PPI charges of £53.98.

8. Upon receipt of a cheque for £108.98 (my court fees and 50% of charges) and a donation to any charity of your choice for £53.98 I will drop all charges against you.

 

If you do not agree with my proposals stated in point 6 above then unfortunately you leave me with no choice but to proceed with the claim.

 

I have sent a copy of this letter to the District Judge.

 

Yours sincerely

 

 

 

Any comments ........?

 

 

Excellent letter, straight from the heart and very polite, but firm.

 

I totally agree with you its not the money it is the basic principles of trust that are they important issues.

 

Good luck with your letter and keep us posted

[puddinpie]

Had a response from Studio saying they will continue to court.

 

Can anyone advise me what happens when the Claimant and Defence are stating two completely different stories .....

 

I am saying they sold me PPI over the phone .....they are saying they never rang at all and I accepted it via post or internet (but they dont know which one).

 

Studio claim to have evidence I selected it via post or net .......I have seent his evidence and it is a pile of poo.

 

On the other hand I cannot prove it was sold via the phone .....although the surronding evidence does fit far better with my story (i.e. why after 2 years would I suddenly choose ppi - I hadn't changed jobs etc)

 

Also can anyone help with what I need to pull together for my court bundle .......?

 

Has anyone else purchased PPI with Studio over the phone ......If so I would liove to know your details to include in my court claim.

[puddinpie]

Had a response from Studio saying they will continue to court.

 

Can anyone advise me what happens when the Claimant and Defence are stating two completely different stories .....

 

I am saying they sold me PPI over the phone .....they are saying they never rang at all and I accepted it via post or internet (but they dont know which one).

 

Studio claim to have evidence I selected it via post or net .......I have seent his evidence and it is a pile of poo.

 

On the other hand I cannot prove it was sold via the phone .....although the surronding evidence does fit far better with my story (i.e. why after 2 years would I suddenly choose ppi - I hadn't changed jobs etc)

 

Also can anyone help with what I need to pull together for my court bundle .......?

 

Has anyone else purchased PPI with Studio over the phone ......If so I would liove to know your details to include in my court claim.

 

 

Please any advice on the above .......

[alanfromderby]

Just one thing that I would pick up on. They say that they have a copy of the phone call in question. Assuming you have that in writing, then that would seem to me to be a vital piece of evidence. Without doubt, under the DPA, that is "personal information" which you have legally requested from them.

 

I would also perhaps look at beefing up your statement regarding misrepresentation - as effectively they have produced a document that purports to be an original - yet it has the wrong address.

[puddinpie]

OOps ignore me - going mad !!!

[puddinpie]

Hi Alanfromderby

 

Thanks for your reply. Studio have come back and said "oooo sorry it was only a "sample" letter and was merely included to show the judge what the original would look like !!! Yeh right. They included it so the judge would think that they are efficient and producing very good evidence.

 

With regards to the telephone conversation they have never actually said "yes we have the telephone recording" however, they have implied it and then they said they could not release any telephone recording as it was company property. This telephone call was also the subject of about 14 letters between Studio and myself.

 

I wrote back - told them it was a load of old cobblers and under DPA they had to relaease that to me. They then said "O we haven't got it" and then completely switched their story to indicate that I had selected PPI via post or online (they weren't sure which) ( and sent me a garbled set of alphanumerics which apparently show this) when actually they rang me and sold it me over the phone.

 

I have a court date at Derby Combined Court for January so am getting a little nervous and want to ensure that I have everything just so (all the i's dotted and the t's crossed)

 

I don't believe that this case is a complicated legal one: it is an issue of fact and not law. The issue is only whether the money levied by the Studio in respect of my PPI was mis-sold to me and I firmly believe it was.

 

In my allocation questionnaire in section H - other information I did state The continuing problem is (in common with the numerous other cases currently being bought by other PPI customers) that credit organisations refuse to reveal the details of the circumstances with which the PPI was sold (e.g release transcripts of telephone conversations of when the selling took place, and provide copies of properly signed and executed CCA's) and claim to have sold the PPI lawfully. As all financial institutions have a fiduciary duty towarsd their customers, they have a duty to deal straightforwardly and in utmost faith"

 

I also requested allocation to small claims track - which they agreed.

 

What format will the court case take ...........what sort of questions will I be asked .......Or will I just be asked to present my case.....

 

Anyone else at the same stage as me please ............?

[alanfromderby]

If they failed to fully comply with the DPA request, have you spoken to the ICO?

 

Unfortunately I have no idea how the judge will proceed - however, if the misselling is clear then the other issues could become irrelevant as they have failed in their duties under section 13 of the Supply of Goods and Services Act, and the refund should be covered by section 2 of the Misrepresenatation Act.

 

When was the agreement taken out?

[puddinpie]

The original catalogue was taken out in 2001 .... however, I refused PPI as it was of no use to me.

 

They sold me the PPI via phone in November 2003.

[alanfromderby]

No limitation issues then - can't really see what defence they have. Also, once the unsuitability of the policy is established, my understand is that the burden of proof shifts to them to show that there was no misrepresentation.

[puddinpie]

They are saying that I selected PPI either via post of online (they don't know which !).

 

I am saying cobblers .... you sold it me over the phone.

 

What happens when the two sides completely disagree .....? I have no hard evidence they rang me and sold me the PPI I just have circumstantial evidence that proves it to be "unlikely" (eg medical report, t&c's of employ and the fact that I hadnt had it for 1st 2 years)

 

They on the other hand have a piece of paper they claim is as a result of me selecting PPI via post or online. (its a meaningless piece of paper full of alphanumerics and they provided no code) They also provided a "sample" of a welcome letter ....this is the defence they have submitted to court.

[alanfromderby]

I am fairly clear now that the burden of proof falls on them under the Misrepresentation Act once the unsuitability is proved.

 

The relevant caselaw is Howard Marine & Dredging Co v Ogden & Sons [1978] QB 574, although I am only just reading it to find the relevant part.

 

On that basis, I would say that they need a bit more than an intelligible document.

[puddinpie]

Thanks Alanfromderby

 

What about Tort of Negligence .....? I have been reading up on that and the case you quote "Howard Marine & Dredging Co v Ogden & Sons [1978] QB 574" is talked about in the tort of neglience.

 

Any views .....

 

p.s. do youhave a copy of the case notes for Howard Marine & Dredging Co v Ogden & Sons [1978] QB 574, Im having trouble downloading them .....

[alanfromderby]

I have the judgement, which I will get posted into the stickies later this evening.

 

I understand the common law route is more difficult as it puts the burden of proof on the claimant. If you can prove things like "conflict of interest", "undue influence", "fraud" etc, then you would have a possible chance - otherwise it might be difficult. Of course this is just my opinion, and I am only just starting to get my head around the options as well.

[puddinpie]

Just received a letter from Court forwarding a letter from Studio saying they will not be attending court but asking the Judge to use the evidence privded to him in their absence ..................

 

Any thoughts ......?

 

They have not produced anything that will in any way shape or form help them with my claim for mis representation .......

[alanfromderby]

As you are aware, using the misrepresentation argument, the burden of proof is on them. If they are not even bothering to turn up, I can't see the judge being too impressed. I presume you have seen their evidence.

 

I think the above caselaw is very helpful, in that it clear says that a statement made, without the person really bothering about whether it is true or not, is classed as fraudulent.

 

My guess is that a fairly large percentage of PPI claims will fall into this category.

[puddinpie]

Thanks Alan

 

I have been talking with the Lawyer of the Co. I work for - he is very clued up on the misrepresentation Act and said it is a fantastic act which does indeed switch the burden of proof on to the defendant. He said in 99% of cases he has seen this always proves very difficult for the Defendant.

 

Yes I have seen their evidence ...........

 

1. A sheet of paper with alpahnumerics which apparently shows I selected PPI via web or post (they are not sure which)

2. A copy of the welcome PPI pack (with my current address on not the address I lived when the PPI was taken out

 

AND ............. thats it.

 

Our Company Lawyer cannot believe their defence (or lack of it) and the fact that they are not even bothering to turn up.

 

I have just about completed my court bundle and have included mis rep act, relevant case laws, PPI the facts from FSA, Finance & Leasing Ass Code of Practice 2002, General Insurance Code of Practice, Medical Records for existing medical Condition, T's & C's from Employment showing benefits etc, Copies of all insurances in place at time (life, accidental death, even cancer policy)

 

Roll on 8th Jan. I just hope the judge looks on me favourably for actually attending and them bailing out. Also we are talking

 

Can anyone give me any advice what will happen in court ......the proceedings .......will the judge ask me on what grounds I persue the claim etc etc