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  1. Afternoon All ,I am just looking for a bit of advice as to what to do next with a PPI complaint I am dealing with for my wife .Basic story is that I noticed that my wife was paying PPI on a Barclaycard she holds . This was originally a Morgan Stanley credit card which according to my wife was automatically transferred to Barclaycard in 2006/2007 . I asked my wife why she was paying the PPI and she said didn't know and couldn't remember ever taking it out .We contacted Barclays and they stopped the PPI and sent my wife a complaints form to complete . My wife returned this basically reiterating that she couldn't remember taking it out . Barclaycard finally replied stating that my wife had specifically ticked the box to take out the PPI when she made her application and they would not correspond any further on the matter but she could complain to the Financial Ombudsman within 6 months . Seemed a bit odd to my wife as she had never applied for the Barclaycard - it just turned up with a letter stating that they had taken over the Morgan Stanley card .My wife then sent a Subject Access Request to Barclaycard to see what this application form was she had apparently filled in . She has now received documentation from Barclaycard . However , there are no documents relating to the period the card was a Morgan Stanley one . As for the period it has been a Barclaycard , all they have sent are computer printouts of monthly statements - no copies of application forms , terms and conditions etc , etc Just a couple of questions :1. Is there any way of finding out when the Morgan Stanley card was taken out 2. What's the best way of calculating how much PPI she might have paid3 .Is a complaint to the Financial Omsbudsman the only option and how long is that likely to takeThanks for any help as this is the first dealings I have had with PPIMuch Appreciated
  2. Cheers for that 42man and best of luck to any caggers involved in similar disputes with unreasonable DCAs
  3. Afternoon all and thanks once again . 1st Credit weren't represented by a solicitor but always by a barrister from Henderson Chambers in London . I had my arguments lined up regarding incomplete copy of the agreement and no default notice etc but it never got that far . At the time this debt was allegedly assigned from the original creditor , Halifax , I had an agreement in place to pay £10 per month which I maintained and have continued to maintain since 1st Credit became responsible . The judge held that there was a clear case of promissory estoppel / contact of compromise and set the Statutory Demand aside . The other side tried to argue that they shouldn't have to pay their costs as 1st Credit had only purchased debts from LloydsTSB/Halifax on which there was either no dispute or payment agreement and so couldn't have expected there to be an agreement in place . I pointed out that I had sent letters to 1st Credit over a month before they issued the Statutory Demand , stating that I intended to continue with this agreement . At this point the judge said they should have checked with the original creditor on receiving these letters and if they had done so , they should not have issued the SD . Consequently , the costs of the action were their responsibility . If you need to know anything else , let me know . Oh one other thing , I reported them to the OFT as soon as they issued the Statutory Demand . I have had a reply from OFT acknowledging my complaint but nothing else .
  4. Just a message , particularly to 42man as well as everyone who has helped, to say thank you . I attended court this morning and despite the best efforts of the barrister for the other side , the judge was having none of it and approved my application for set aside . Unfortunately , judge didn't award me any costs but their bill was huge so not all bad . Once again , thanks again . Much appreciated .
  5. Evening 42man . I originally applied for the loan on-line . That took about 5 minutes which resulted in them asking me to ring up and complete a full application over the phone . They said I had been accepted and sent me the paperwork to sign and return through the post .
  6. Thanks dx100uk and 42man , much appreciated . Sorry for the delay but been a bit under the weather . In response to your questions 42 man : 1. This was a fixed-sum loan agreement but I have got all the statements , so I will check 2. There will be no PPI as I never took it out on any agreement I've ever had - always seemed a rip-off to me !! 3 .There are no cancellation rights shown on the agreement 4.They delivered the statutory demand to my home address which was signed for by my wife as I was at work , but that is the only thing I've ever had sent for personal delivery. Hope this is useful and any further advice would be gratefully received
  7. Hope everyone is having a good Christmas . I am in the middle of trying to get a statutory demand set aside and have the hearing in a few weeks . I based my application on 3 points ; 1 . The respondent has failed to provide copies of the credit agreement 2 . I have never received a default notice 3 . I have not been served with a notice of assignment I have now received a witness statement from the respondent dealing with these points and would welcome any thoughts as to how I stand : 1. COPY OF AGREEMENT The respondent has supplied a photocopy of what is apparently the signed front page of the agreement although it is a poor copy and not all of it is legible . Along with this they have attached the standard terms and conditions at the time the agreement was made in 2005 and the standard terms and conditions as varied and in force at the date of termination plus an e-mail from a member of staff at the parent group of the original creditor confirming these terms and conditions applied . 2 . DEFAULT NOTICE The respondent admits that they do not have a copy of the default notice . They have submitted an e-mail from a member of staff at the parent company of the original creditor stating that the agreement was terminated and a default notice would have been sent 30 days before . They have also attached a template of the default notice that would have been sent . 3 . NOTICE OF ASSIGNMENT I have received from the respondent what they say is the notice of assignment . It looks official but it is a photocopy and is dated the same day as the first letter I received from the respondent . The respondent also states that they don't have to prove I received the notice of assignment as according to s196 (3) of Law of Property Act 1925 and the binding authority of Neuberger J in his decision in Kinch v Bullard [1998] , they don't have to serve it by registered post - sending it to my last known place of abode is okay . Even though I've never received this ' notice of assignment ' , it is difficult to disprove they put it in the post . Once again , any thoughts would be gratefully received as I feel that they only issued the Statutory Demand to bully me into paying more than I can . I have made them quite aware that I don't understand why they would make me bankrupt as the only asset I have is a half share in my home and that is in major negative equity and is likely to be for a number of years .
  8. Evening all . I am currently attempting to have a Statutory Demand set aside . The other side had a barrister turn up to represent them at the Direction Hearing . Although I think my case is strong , I also do not have complete faith in the English legal system . If I did lose , I will potentially have a large legal bill and could do with a bit of advice 1 . Would I be expected to pay the other side's legal bill in one go and ,obviously as I couldn't do that , what would happen then 2 . Would the costs be added to the amount specified in the statutory demand to form a new amount owed 3 . As it's Christmas , I can hope but if I was to win the lottery would I only need to pay the original amount specified in the statutory demand to satisfy that demand . Any help gratefully received as this is my first experience of the court system
  9. Evening all . Just wondering if anyone has any thoughts about the best way to take the case forward
  10. Evening all , just want a bit of info about likely court costs . I attended court today for what turned out to be a Directions Hearing . The DCA were going to ask for an adjournment as they turned up for the hearing with a witness statement , an illegible mess which was apparently the original agreement and a letter purporting to be the Notice of Assignment . However , they had not yet received the Default Notice from the Original Creditor . The judge gave them 4 weeks to provide the relevant documentation and then me a further 4 weeks to respond . The issue I have got is that the DCA were represented by a barrister . I am not sure if this is because they think they have a weak case or not but obviously I now have to think about the likely costs if I were to lose particularly with a barrister involved . Any ideas as to what I may be looking at in terms of costs and thoughts about what's the best course of action . All help greatly appreciated.
  11. Afternoon all . The whole PPI thing is a bit new to me but I am trying to sort out an issue for my wife . She currently has a Barclaycard Credit Card on which I noticed she was paying PPI to Aviva . She unfortunately isn't a great one for studying her bills .She has contacted Barclaycard and they will cancel the insurance and have said they will investigate her complaint . She says she can't remember taking out this insurance but her card was originally a Morgan Stanley card which was then acquired by Barclaycard.Obviously she may have no claim but I guess there's nothing wrong in getting a bit of information . My question is do I need to send a SAR request to both Morgan Stanley and Barclaycard and is the letter on the sticky still the best one to send .Any help greatly appreciated
  12. Thanks miss muppet . Just one more point . What happens if the DCA does not respond or make any contact before the hearing but then at the hearing offers a defence . How is the judge likely to view this .
  13. Thanks miss muppet , much appreciated . I will sort out a costs schedule and submit 24 hours before the hearing date . Just one other thing . Do the DCA have to serve their defence on me or just send it into the court . Do I have to keep checking with the court to see if a defence has been filed or is the DCA obliged to inform me and if so , how long before the hearing. P.S I have already filed a complaint with the OFT about these clowns
  14. Afternoon all . Just require a bit of advice . I have submitted an application to set aside a statutory demand and have a court hearing scheduled in a couple of weeks time . I was wondering whether the DCA need to file a defence before the court hearing and/or what will be covered at the hearing . Secondly and hopefully , I wonder if I can recover any costs associated with having to deal with the SD like the postage costs of sending CCA request , CPR 31.14 request and SAR request by special delivery and any photocopying costs - if so will I need receipts . Is it also possible to claim anything for the time I have had to spend in preparation for the set aside and hearing . If so , how would I calculate it . Finally , what is the procedure for claiming the costs . If I am successful do I just ask the judge to award costs or do I need to file a schedule before the hearing . Any advice gratefully appreciated .
  15. Afternoon all . Just an update and a bit of info . I have made the set aside application and have a court date set for a couple of weeks time . Just wondering if anyone has any advice about what is likely to be covered in the hearing and do Connaught have to file a defence to the application before the hearing .Also , if relevant , what costs can I recover ? Can I reclaim the postage charges for sending CCA request , CPR request and SAR request special delivery and my photocopying costs - if so will I need receipts . Also can I claim anything for the significant amount of time I have had to spend preparing for this case . If so how would I calculate it . Any advice greatly appreciated
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