james4rd
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Posts
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I have until the 18th of February, but i am due in hospital again so i may have to ask for a delay. Short notice i know, but my darling daughter as amazing as she is certainly gave me a rough ride during pregnancy!!!! Thanks again for your help.
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Thanks so much for your help. My claim was through the money claim online service, so was very basic online form. All it said was that i was advised by the sales advisor that i needed to take out the additional insurances to be accepted for the Loan. I haven't submitted any other particulars hence why i think the judge wants me to submit better and more indepth particulars. I haven't been able to spend a great deal of time researching as much as i should have as the original court case all happened when i was 39 weeks pregnant!!! Does that help at all??? Many Thanks
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Please find attached the docs, if anyone can help that would be great, i need to submit particulars to the court and i am not sure how best to word it to give myself the best chance, i am awaiting contact from the mediation service as i hope it goes down that route rather than another day in court!!!!
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I hope someone can help. I have been to court as the Irwin Mitchell are trying to getmy claim struck out due to being time barred, (Agreement started in January2005 ended January 2009). I wasn't aware of the PPI until i go to the end of the loanand my husband noticed i had PPI and advised that it wasn't compulsory as i wastold at the time i took out the loan. The court has sent me a letter saying; 1: the application to strike out is dismissed. 2: Unless the claimant files and serves better particularsof the claim and in particular pleads in detail their arguments under s32limitations act 1980 the claim will be struck out. 3: the claim is allocated to the small claims track(theywere trying to claim around £2-3,000 in costs, i guess they can't now?????) 4: the claim is suitable for mediation. I am trying to put together better particulars, the judge onthe day did ask and suggested i should use the mistake route of the s32 LArather than concealment or fraud, i am guessing this is easier to claim thanfraud. also the judge highlighted that nowhere on the documentationdoes it say the insurance was optional as the defendant claimed, they justbasically said that me saying that 'the sales agent told me that' isn't goodenough and should be dismissed!! Judge said that they cannot just dismiss someone’sclaims!!! seems quite positive but need help if anyone can getting theparticulars right. Many thanks in advance.
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Found out that Mr Steve Plowan a (consultant of the claimant) works for DAF, also i find it strange that paralegal for Irwin Mitchell is making a witness statement on behalf of the claimant, which i thought was me???? The reasons they stating for it to be struck out is CPR part 3.4 (2) (a) and/or (b). I find it very frustrating as the only people that know what i was informed and documents given to me are myself and the agent on that day. so how can people that were not even present verify facts??? The only thing i can see apart from my word against his that may swing it in my favor is the amount of commissions that they receive is such an extortionate amount i that the agent had a vested interest in selling the insurances. I know what was said and i know that the tick boxes and forms were completed for me, and yes i know i was tricked and i should have known, but first car first loan i was naive. If it goes to court i worry my inexperience will means the judge will go with the defendant and strike out the case. Can anyone advise if any form is required to submit a response to the Application to strike out the claim statute barred or a letter will do, i want to respond to the points made in the witness statement of the paralegal. Thank you in advance
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Can anyone reassure me please!! I have a Date for Court and an application notice with a witness statement arrive today. I am claiming against PPI against DAF, it was my first loan and car and was informed that i couldn't have the car unless i took the insurances which amounted to 85% of the car value!! Went through MCOL as they refused refund in 2009. Irwin Mitchell are the Solicitors and a Paralegal has issued a witness statement saying it should be struck out and 'Its an abuse of the court system'. Also a Mr Steve Plowman a consultant of mine apparently has given information which they believe is true. Who is he??? They say i its been 6 years since i made the claim when actually i started the claim process(Sent letters to DAF) in 2009. I asked for them to disclose commissions as i was trying to prove it was in the Agents interests to make me take out the policy, which they refused saying i am not entitled to. The scary bit is now they want me to pay the defendants costs i guess if they rule in the favor of the defendant. Has anyone been this far? the other problem is i am due to give birth in a week!!!! Nothing like timing!!!! Any help will be appreciated Thanks in advance
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I am a bit farther down the line, i have already gone to MCOL after getting no joy from DAF and FOS, i have now recieved a defence from Irwin Mitchell who are the solicitors. They have taken a while and not sure what happens next but i will continue to fight to get my PPI back.
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Sorry to clarify. Loan taken for Car with Yes Car Credit (DAF) in 2005 First attempt to claim PPI from DAF refused in 2009 Decided in march this year wasn't going to accept the decision and went tothe FOS they couldn't help. Used MCOL to file a claim against them and they (Irwin Mitchell) havefinally lodged a defence to the claim. Irwin Mitchell sent me a copy of the defence but haven’t yet receivedanything from the courts. I guess the next stage is to see what the court sends me, but i presume thenext stage is Court which is a bit daunting!!
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Yep will do, if I have to. Especially after reading about the amount the insurance cost DAF, and the fact the salesman got commission on top of that!! So frustrating as they know the salesman would say anything to make you sign so they got the sale and almost all the documentation was completed for you!!
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Hope someone can help, i have searched previous forums regarding Direct Auto Finance. Lots of really useful information, but just after a little bit of advice. I have received defendant’s defence from Irwin Mitchell, stating what iguess is normal response, that i cannot prove what the agent said and boxeswere ticked re PPi, gap and breakdown cover etc. I explained i was told i couldn't have the car without the insurances. The insurances with Interest were more than the cars value!!!! I have not received anything from the court yet but i have been informed thedefence is in the post, i was hoping some advice on what the next step is. many thanks in advance.
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