hi all, ok i had a barclaycard from 01 to 04 when i defaulted for 8k have just looked at my statements and i had many charges and thirty odd a month for ppi. my question is do i keep quiet or can i get anything back and can i get default removed

ye thanks i will send you a copy of the defence if you pm me your address

ok going to send part 18 request here it is In Pursuant CPR18 Request Please could you forward any recordings of telephone conversations between me and any NEXT staff. Specifically a conversation between xxxxx and First Assist 26/03/2010 at 13.10pm which they told xxxxx would be recorded. In the recording they informed him, that I had to of been in full time employment at the time the account was open. I have not worked since 1988 when my daughter was born. If the policy which you added in your defense in appendix 1 was the same as the policy in 1991, Eligibility Section A clause 2 clearly states (in full employment). Please can you forward a true signed and dated copy or the PPP insurance policy documents that where applicable at the time the loan was taken out, by the company that underwrote the PPP policy in 1991. (I consider you deliberately withheld the information which was asked for in the sar which you failed to pass on)According to First Assist the insurer was Next themselves. First Assist where the claims administrator at that time according to the recent phone call not sun alliance, it is unclear who the actual insurer was in 1991. Please could you forward any true copies of any Default Notice and Termination letters in regards to the above account Could you please pass on any information on Commissions you paid to other groups or individuals? Could you please show where I gave you permission to consult credit reference agencies?[/font] You will be aware that the Data Protection act 1998, an act of parliament, requires you to hold signed authority from myself to process such data that does not fall within the public domain.Can you please supply me with a signed copy of my consent, given to you for the purposes of allowing you to process such data. Could you please forward me a true signed and dated copy of the credit agreement for the above account? You sent a copy of an agreement (unsigned) in the sar information which clearly shows an area where you require a signature and date from all your customers. Please respond within 14 days of this letter Yours faithfully, any thoyghts appreciated

right they sent me a copy of there credit agreement,unsigned, no dates just usual crap about having an account, but interestingly it has a big box in the middle where customers have to sign and date the acceptance of the agreement. So if this is a true copy where is the one with our signiture on it? i wonder how to word that in the part 18 request?

my thoughts are the same as with mbna any way 1 they dont have a signed credit agreement 2 they dont have signed copy of any acceptance for ppp 3 they dont have any signed authority to contact credit referance agencies- the rest of the stuff although wrong doesnt really matter they have to have the above to take our money end of---no matter what excuses they come up with.

by thr way there defence is full of sh**t and lies they have totaly ignored the fact they dont have permission to speak to cra. they keep on about the ppp policy that we should have been aware they were taking the money all 50p a month, they say they only took £360 ish fromm 1991 onwards, then in the next breath they say they dont have records back to 1991, dont see how they can come up with a figure. they have now produced a policy from royal sun alliance no dates or anything to show if this was the policy in 1991, where it clearly states you have to be in full time employment to be covered by the loan. funny there is no where on the policy where you are supposed to sign? is it just information? i thought you were supposed to sign to prove that you had read and excepted it. and there is more I think probably best to put defence on here and get feedback via pm cause i think they are reading it

ye i would like to put there defence on here but dont no wether i should or not any feed back would be appreciated?

well what are waiting for go get em booooooy

ok got defence but cant put it on site just yet as they have said that i am working off the internet.

moose just send them the prelim-----get on with it---------you will win the ppi claim----- if you need a prelim i will send you one:p

so no way at all?

ok everybody, heres one for you. in 1990 i was in financial difficulty, so i went to a local broker where i tried to get a 5o k loan. We got a loan (dont ask me why i did it) secured on my father in laws property. It was interest only £803 per month. I paid it all off and still owed the same at the end. i still had a debt to repay which i started paying monthly. I am still paying now, we must have paid in excess of 75k. a few months ago i asked them to send me a copy of the credit agreement. the agreement has got signatures but no apr no date with their signature, no right to cancel. does anyone think i have a chance of getting any of this back?

hi vinty have a look at my thread against next, no signed credit agreement, default notice agaist mrs, trying to get that removed but suing for ppp then no doubt have a fight getting cra to remove default

subbing

i am trying to get the same interest that they charged me-it worked with mbna so hopefully it will work with next. i am waiting for this reched defence that will make it clearer. are you legally trained?

well now as my part 18 request, i will ask for a recording of todays conversation which i timed, when they state you have to be employed to have this insurance.my mrs hasnt been employed since 1988. i am sure they will like that

yes spot on,first assist told me that they only sort out the claims for them next are the insurers.

moose one thing for sure if you take them to court for the insurance you will win, cause i did and I am not legally minded at all.

interestingly i rang first assist today, they are the administrators for claims for ppp, which is was insured by nextthemselves. First assist told me that any body who took out the policy had to be in full time employment. In the letter we recieved the other day from next it said that the insurance was added automatically. So how did they no wether you have a job or not. pb you seem to be the only person reading this what do you think?

just spoke to court, defence filed, so i now wait with excitment to see what lies they put in black and white

has anyone ever experianced a big company failing to defend?

right ok, 28 days ran out wed 24th march but believe it or not the court were on strike. so i went to court anyway yesterday and they had not opened post from previuos day at that point.so i took advice from one of the court clarks and applied for judgement,hoping that they didnt file defence.i think that if they didnt file, it would be difficult for next to set aside because on the 14th day they informed the court that they were going to defend in full which gave them 14 more days. so the judge will no they new about it. anyway will ring court today and find out if they did sneak a defence in in time:confused:

my case was based on the fact that i was not asked the right questions when the agreement was first taken out.ie they should have offered me alternative insurances they should have asked me about my health they should have asked me about meny other things which they failed to do. they have to do these things before offering any insurance. hence i was self employed and shouldnt have been offered the insurance, so you have to sealise which route you want to go down and on what basis you want claim the ppi back on.

hi moose i asked my solicitor wether the agreement(loan) would hold up in court, he said no but thought it would be difficult to win.so i just went down the ppi route. have thet sent you a copy of the policy that was in effect at the time of your agreement?

has anyone actually gone to court with next?