hi everyone, just a quick one, getting my bundle together and just wondering with the misrep 1967, where does it say that the burden of proof is on the defendent, just need to get it clear in my head! I have some case law for this act. also is there case law for the SOGA and CCA etc? or is it a matter of arguing over the points within these etc? cheers salty

well at last i have a date for the 24th Oct at court, bit of a shock they want £300 out of me for the court time, what was the money i paid earlier for? Is this correct, i'm assuming that the £300 i'd get back if i win? Just got to pay on the 19th and get my court bundle together 14 days prior to the court date!

My daughter has a debenhams store card, she has quite a few charges against her due to late payment, this has spiralled out of control as she now has a default notice against her, and this is only due to the amount of charges etc, i'll start the ball rolling for her to get the detail of the charges, will she be able to get the default removed? cheers salty

thank you hellhasnofury for the reply, you are correct, within the questionaire there is a section for additional info for the judge, like info that i require. I'm going to ask that that BOS supplies the average wage of the person who we talked to on the phone when we took the loan out and also the amount of commision that was paid to that person, i think this will show the pressure to sell products, what do you think. Also in there defence they are spouting on about the 6 year rule, which is fair enough but my main legal argument is the 1980 misrep act and i believe there is no time limit on this, am i correct? cheers salty

well i've been at this for at least 4 months now, i submitted my POC into court a few weeks back and now BoS have said they are defending, i've a allocation questionaire (AQ) to fill out, I'm hoping someone out there can give me a bit of advice, my questions are: My POC gives out the case do i have to repeat in the AQ? should i put more detail down as they are saying the 1980 limitations act i.e. 6 years applies. But i'm using the misrep act and i'm sure there is no time limit on that. And also this is my main augument etc etc. Anyone got to court yet? many regards salty

thanks gemni / hellhasnofury, looks like i'll be chasing the broker as the £900ish paid in PPI, there is no mention of commision to the broker, there is mention of brokers fee's but not for the PPI. Also it was mis-sold, not fit for purpose and was implied that to take it out would help me secure the loan! cheers steve

Looking at some of the treads, GE go along the lines that they don't sell products to the public, but go thru brokers, the letter i got from GE states that i should go after the broker for mis sold PPI, if this is the case how come GE have been fined £600,000ish for mis-selling PPI? Am i loosing the plot here? cheers steve

just had a letter from GE stating they didn't sell the PPI but the broker did, even gave me the address of the broker, so is it the broker i go after now or are they pulling the wool over my eyes? Will it be harder going after a broker? than a big company like GE? cheers steve

Bit of an update here, delved even further into the mass of paperwork i have, god knows why i kept it! but thank god i did, my loan taken out the Dec 1996 was with Kays and should of run to dec 2001, the loan company was capital bank, beginning of 2000 hit some really bad times, the loan the beginning of 2001 was passed to a DCA Blair Oliver & Scott (BOS), can i assume that they managed the dedt for Capital bank, if so then Capital bank would still have details on file as the debt wasn't paid off untill 2002/3. Or is it that BOS buy the debt cheap and suck as much money out of you as possible? cheers steve

Well it gets even better, found another credit agreement with the above, cost £900ish, taken out in 2001, with interest at 17.5%, today worth approx £2400! Again i believe i was cohersed into it, along the lines of it will look better if you have it! so thats 2 claims now, letters off on monday to them both. cheers steve PS anyone got a POC template for PPI?

thanks alan, do i need to send a dsar as i'm going along the lines of mis-selling? at the time my employer had good accident and illness cover, 2/3 your wage if you couldn't work until retirement. If i have to send a dsar what am i asking for? Sorry to be a pain! cheers steve

Dear all Just had a tidy up, and found a personal loan agreement that i took out in 1996 for £5000, on top of this £1884 creditcare! I always remember that back then it was put across that the loan would have a better chance of going thru if we had some form of protection, At this time i had just come out of 2 years unemployment so was pretty strapped for cash, trying to pay back this and that, so was probably at a vunerable state. My question is can i go forward with this? or is it to late? The loan was thru Kays but the agreement is with NWS Trust Ltd, based in Edinburgh. cheers steve

Wish i knew about the that SW!!!

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available just remember that you can't save what you type into the form, have to print out.

fill in a N1, as not enough space on MCOL to put all the details down good luck, just put in my N1 today....bring em on!!!!!! cheers salty

The deed has been done! both claims are now in the hands of the courts! so now starts the waiting game! salty

Right i know this sounds a stupid question, but in the value i am going for contractual interest (at the purchase rate) should i be also adding into the value the s.69 @ 8% as well at the moment my value is £447.75 this is made up of £264 charges & £183.75 interest (@18.52APR) should i be adding £61.58p to this as well? I'm using the new super duper POC. cheers salty

cheers for the replies. I will be putting in the "Plus interest pursuant to County Courts Act s.69 from the date of issue to the date of judgement at xxx pence per day or at such rate and for such period as the Court deems just." This doesn't give them the option of dishing out 8% instead of the 24% or whatever does it!

Hi all, just filling in the form, ready for submission on Wednesday, the N1 form, brief details of claim, i have put "Credit card reclaim of charges" is this ok? in the value i have put "see attached document" as all details of value are there, is this ok? I have used the new super duper POC. cheers salty

cheers for all the replies, i will be going for CI, i don't see why those money grabbing *@!*s should get away with illegally pinching my money. Not worried in the least about going to court. The other half has a claim going thru as well, will i be able to represent her at court if that happens? cheers salty

Alex, congratulations on the win!!!!!! they're out of your hair!!! What was the wording you used for the POC? As i'm about a week and a bit away from filing at court myself. cheers salty

Dear all, just wondering, with the POC it looks like you say you want the full amount including the CI but also you put in that if the poor old judge has a dizzy spell he/she can award the statatory 8%. It looks like this method gives Cap1 a good "get out" as they give you your charges plus costs and the lowly 8%, you then have to fight for the CI in court. Has anyone left out the 8% bit? And if you do, do they become hard nosed to go to court? I know nothings certain when it comes to claiming. I just don't want to give them a less expensive "get out". cheers salty

B...u...m...p ;>)

Dear all, With my claim against crap1 do i need the CCA? is it a matter of sending a £1 to their address, i believe they have 12 days to return requested doc, is this correct? Also people are getting paid their charges, purchase interest and 8% statatory interest, when you put your POC in don't you put down the interest at whatever rate and also state if the poor old judge isn't happy with that you are happy with 8%, just wondering how you can get both.....or am i loosing the plot!!!!!! cheers salty

hi everyone, the goodwill gesture that cap one credited into my account, can i accept as part settlement and just carry on with court action without giving back or is it best to say thanks but please remove from my account? I'm assuming i'd have to re-adjust the charge sheet from the date the money was credited? cheers salty