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Prudence

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Posts posted by Prudence

  1. Thanks IMS, have completed the spreadsheet but there's one thing I don't understand unless I'm missing something glaringly obvious (which is quite likely!). I have entered all the repayments made so far and applied the percentage I worked out to calculate the portion for PPI. But that doesn't give us back the full PPI premium - what about the PPI element in future payments?

  2. Hi IMS, thanks for the links, it was very helpful.. I worked out the interest which came out as 4.48%. I could only see the spreadsheet for the 8% statutory interest on there so I used the spreadsheet CIS v101.xls and put in every payment since the start of the mortgage. Is this correct?

    Also, should the Start Date be the Completion Date or the date of the first payment?

    I understand I should send this spreadsheet off with a completed questionnaire.

    Many thanks, Pru

  3. Hi guys, just to update, don't want to say too much but my case was adjourned (my request) for me to seek further legal advice, which I am. I need proper legal representation as nothing was accepted from me, which I will now be seeking. Even when there was doubt it was 'assumed' the other side were correct. It was quick shocking actually. Pru

  4. Thanks Andy. My friend believes there were a lot of charges added to the amount he owed but does not have his old statements and has not received a breakdown from Arrow. He was not sure about the PPI but assume he didn't have it as it was not requested. But what about the charges and the proper breakdown of the amount demanded?

     

    I'm not sure what I am looking for Pru which would assist with any defence.I cant see PPI selected.

     

    Regards

     

    Andy

  5. Thank you, no they did not re-plead. A few days ago, he received:

     

     

    • RBSlink3.gif Summary stating 'Balance from previous statement' with a sum for 'Purchases outstanding balance' and 'Cash outstanding balance'
    • a copy of his original app form from 2002 (PPIlink3.gif box not ticked) which looked like a one-sheet you folded & mailed in
    • a separate 5 pages of Terms & Conditions.

    There is no breakdown, no indication of any charges or PPI (if any) that have been included.

  6. Sorry Andy, I should know better!

     

    POC: The Claimant's claim is for the balance due under an agreement which is now all due and payable.

    The Defendant agreed to pay monthly instalments under account number xxxxx but has failed ot do so.

    And the Claimant claims the sum of £4xxx.xx

     

    The Claimant also claims interest thereon pursuant to S69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amount to 0.00.

     

    Defence:

    The Defendant takes issue with the Claimant's pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 258 characters, leaving at least 700 characters available for the Claimant to plead adequately. The Claimant should re plead their case pursuant to CPR 16. The Defendant is embarrassed by the Claim, which faces him.

    Proposed directions on AQ:

     

    1 Unless the Claimant shall have by xx May 2012 filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

    2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until 1 September 2012 to enable the parties to settle using the small claims mediation service'

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