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About puddinpie

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  1. WON WON WON WON WON Sorry about the new user name Puddinpie1 - I forgot my password ina ll the excitement Judge was not interested in law to be honest (misrepresentation act) he said the case was about fact not law. I presented a very good case of evidence - all my insurance poicies in place, T & C's from work showing 6 months full sick pay and also copies of medical reports. The Judge was absolutely fantastic - I was very nervous about it having never been to court etc. He said he was satisfied that on the evidence that I was miss-sold. He also awared £75 costs t
  2. 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 ou
  3. 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 .......
  4. This is quite a useful document with regard to Misrepresentation .......contains refernces to relevant case laws too....... Misrepresentation. Misrepresentation. > Contract law generally > A misrepresentation maybe in writing, orally, or by conduct. Silence will no usually amount to a misrepresentation. Misrepresentation requires: 1) False statement of fact. 2) Relied on by the innocent (e.g. if you know better- no misrepresentation). 3) The misrepresentation induces the party into the contract. 4) The misrepresentation precedes the contra
  5. I will let you know on 8th January !!! Im against Studio Cards Express Gifts. Claim is very small £86 + 8% stat int + cost (total around £160) They are adamant they will attend court to defend the claim.
  6. 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 .....
  7. 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 alphanumeri
  8. 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.
  9. 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
  10. Hi ChloeJane Thanks for that. I have got a basic court bundle ...... That consists of all correspondence between Clamiant and Defendant along with statements, schedule of charges, FSA update on PPI, PPI - were you mis-sold document showing rules for selling PPI terms, and conditions of employment from work (showing 6 months full sick pay and 10 x salary for death in service), copies of medical record for medical condition. Compared to my bank charges court bundle it just seems very small as there is no case law examples and snippets of relevants laws ............
  11. Bump Bump ......Anyone please ..............
  12. Hi guys ...... does anyone have an outline for a PPI court bundle please .............
  13. 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
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