I have to get it scanned tomorrow.TOR

attached offers letter from Cap1 & Genworth Financial, both have start & finish dates along with spread sheets. Let me know what you think? Thanks, Regards. Capital 1 total amount of PPI payments are same, but PPI amount of Genworth showing 51p a month, where my average is £1.73 a month, which is an average of few statements I have.

Crucial Question, that bank is holding back PPI redress against the debt. Is it worth/viable to take CCA to recover the PPI redress, or they can join two together even though they are two different matters. On the redress offer they are showing "money already paid in previous claim", but there was never a previous claim.

A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.

I also need information about a scenario, where a bank take legal action to recover unpaid loan and go for a summary Judgment and loose, The judge said to the bank that the case has to go for a full hearing, if Bank wants to resolve it. After this bank stayed quite for nearly 2 years. what I want to know is that, how much time does bank have to reopen the case before it is time barred.

Thanks dx, you got it.

Yes it was sold and I have a letter to prove that. I will post the spread sheet tomorrow as it is on the other Laptop.

Yes They accepted my claim after FOS told them to, but without my acceptance of redress they paid all the money to DCA, I did complaint to Cap1 but failed to go back to FOS. It was 2013 they accepted my claim. Now I want to take them to court, I need to know how to go about it, Shall I give my own fig. of redress ( what I think they should have paid) or leave it for court to decide, Should I include 8% or leave it for court.

No its not a claim management company, they are the underwriters for Debenhams Store Cards. They have accepted my claim but offering me very little redress. My account was opened in 1995 and closed in 2005. I have few statements and average PPI payment comes to £1.80 a month, They have their figure which they cannot verify as to where they got it from as I did send SAR, there is nothing in the documents to suggest any source of information regarding PPI payment exept the one I gave them.

Please help me to file a PPI claim through CCA, from Capital 1, who has settled my PPI compensation with a debt. already sold to a DCA. To the best of my knowledge the calculation of redress was not done correctly either. Also I want to take Genworth to court for not calculating my PPI correctly and not explaining as to how they calculated my redress.Where they got the fig. of premium paid as only few statements are available. Both of them will come into small claim category.

What ever happened to this case, what was the outcome?

I had a personal experience when I went to court v a big bank, and after hearing the plaintiff the judge told me that "you have no defense and have u got any thing to say?" I just mentioned that there is no signature on the agreement they are presenting,(it was a copy), The judge refused the application straight away. Overdraft agreements are excluded agreement according to Sec.61A(a) and (b)(iii), and Section 62(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.(its not been done in my case) (3)A regulated agreement [F3which is an excluded agreement] is not properly executed if the requirements of this section are not observed. I am only asking our advice as to which of the Section is best to choose to argue my case?

Thank you very much for explaining ( Red Hot), to my knowledge a court cannot enforce a debt. without any kind of signed agreement, even if it is for a service linked to an account, like an overdraft. Section 61b: "Duty to supply copy of overdraft agreement (1)Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor. (2)The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—........ The question is can I use it in my argument? if MKDP do not come up with any signed agreement.

what is the significance of proof of service for assignment of debt ? as the judge was very particular to see it from MKDP.

If MKDP cannot supply the signed agreement, than its not an executed agreement. what will happen in this scenario? If its not an executed agreement than none of its terms and conditions is enforceable like selling any debt to a third party etc.

The judge at the hearing was not convinced that Section 78 does not apply, even after going through the law book. that's why he asked them to provide hard copies of evidence. with due respect to your opinion can you send me a link or quote to that effect or can Any Lawyer shed a light on it.

MKDP could not provide any agreement which was signed by me.

Its been a long time but I need fresh help from you guys, I sent in the CPR31.14, MKDP replied saying as it is a small claim for a business overdraft, Section 78 of the Consumer Credit Act 1974 Does not apply to the agreement. They are not obliged to respond to CPR31.14. We had a session in front of a judge in which MKDP did not produce any evidence but an unsigned copy of an agreement with statements showing the amount at the last page as £0.00. but before that the balance was showing the amount the MKDP claiming. I raised the question of proof of service of assignment and judge was just short of giving decision in my favor but than decided to adjourn asking them to provide the proof of service of assignment the debt to MKDP and for skeleton argument in relation to its contention that section 78 of the Consumer Credit Act does not apply to the agreement which is subject of the claim. What I need to provide is an argument and any quotation to just the reverse that section 78 of the Consumer Credit Act does apply. I also need to file in court office, the statements of all witnesses on whose evidence I rely (I have none), attaching photo copies of all relevent documents, and serve a copy to other party. the order was issued on 6th Sept.2014, giving 28 days. Please help me with your expertise, Much appreciated. Regards. Arif

Thanks CitizenB, The CPR 31.14 was sent by e-mail to MKDP LLP on Friday, If it is necessary, I can send it by post as well, if it does not cause any technical hitch. Do we need the CPR response to file a defence? or do I have to send the defence anyway within the timeline?

Does this decision mean that many people can get their name removed from credit register? If true than all of them should help Mr Durkin to compensat his losses.

Thanks a lot. looking forward to hear from you.

Name of Claiment: MKDP LLP Date of Issue: 14th March 2014-03-26 Perticular of Claim: The claimant claims the sum of £2083.00 being monies due from the defendent (s) to HSBC Bank PLC under a bank account facility regulated by the consumer credit Act 1974 and assigned to the claimant 0n 29/01/2013. The defendent(s)’s account no.......... It was a term of the bank account that any debit balance the would be repayable in full on demand. The defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The claimant claims the sum of £2083 and costs. The claimant has compiled, as far as is necessary, with the Pre-Action Conduct Practice Direction. Value of the Claim: £2083.00 + £75.00 (court Fee) =£2158.00, No mention of any interest any where. Claim was the business facility overdraft. Started in 2001 The debt purchaser MKDP LLP issued the claim. First the debt. Were transferred to MKRR, who assigned to Raven Recoveries, who in turn assigned to Keynes Collections, and now MKDP LLP is the owner. HSBC did not send me any assignment letter, only these companies kept sending me letters. I will have to look for the default notice, which was sent a while ago, possibly 2 years back. Never received any thing after that. There was a dispute about the amount of charges added to the account, which I repeatedly asked them to sort out before I can make the full payment, instead they sold the debt. I did not mention any financial problems but asked them to sort out the dispute so I can start making the payment. Made CPR 31.14 request to MKDP LLP.

I have received a court summon from a debt collection agents for a debt they bought from HSBC bank. I like to contest the proceeding on the grounds: 1. The amount was a disputed amount and I wrote to HSBC many time to sort it out before I can pay them the amount, but instead they sold the debt to a collection agent. 2.I do not recognise them as a creditor and Collection agent has no right to this debt, as I never had any agreement with them. The agent's own stake in the debt. is probably 10% and they are claiming 100%. 3.HSBC has no right to sell my information/debt, to a company which is not regulated by a financial regulator. I have read in the cag sometime ago that these debt. collection agencies cannot claim debt. successfully in the courts, is it True? does any body have any information about this? Can someone please help me file a defense for this case, or direct me to a link. highly appreciate it. I have about 10 days left to file a defense. Thanks

Yes I am dealing with the underwriter "Financial Services", They have offered me a very low monthly average compared to my average of statements, those I have ,I have some statement but not all. Policy started on 21/5/95 and ended 8/9/05.I was wondering if they have taken only PPI into account but not all the Cover Plan payment. Can they do that?