capital one ppi -say i agreed ???????

[oggy1]

thanks steven just been reading it , the info is great and i will take it to court.

looks like crap 1 are going to go all the way on this one.

[alanalana]

Hello oggy,

 

lets hope this works for you;)

 

Did you get my pm re your card agreement?

 

aa

[oggy1]

hi alanalana

i did get your info regarding the credit card and it is still active.

please could you send me your info as all help would be appreciated.

thanks

[oggy1]

hi alanalana and steven

that should put a decent spanner in the works on friday ,

i cant see them ready for that.

i will not be able to thank you enough.

[alanalana]

hello oggy,

 

good luck for the day at least you have time to run through all the relevant details.

 

aa

[banker_rhymes_with]

Hello Oggy1!

 

Remember to keep it simple, and keep to the main points no matter how they try to drag you away and introduce spurious nonsense to sway the Judge.

 

Alanalana and Steven will have said the same things to you I am sure!

 

Cheers,

BRW

Edited June 11, 2008 by banker_rhymes_with
Can't Spell!

[oggy1]

thanks brw

will take note and keep it clear and to my points and hopefully should be ok.

i did think they would have given in by now?

[havinastella]

There's still plenty of time Oggy, stick with it.

 

It'll all help with my claim

 

Jogs

[alanalana]

hello oggy,

 

I don't know if you have been on this thread....

Consumer Credit Act Agreements

but it could be worth a look. Far to many posts for you to cover but you may get the general feel of credit agreement issues with regard to your claim.

 

The first few posts should give you the general picture.

 

Hope this is useful to you

 

aa

[ukaviator]

Hello Oggy

 

In the defence i have seen for a collegue, they state that they are not authorised to give advice on the suitability of the insurance, that they are not the Provider nor the Underwriter of the PPI policy.

 

In another paragraph they state that they have appropiate systems and checking in place, none of which are relevant to the claimant's claim as he applied to a mail pack.

 

So in one paragraph they say they have systems in place, another paragraph stating that they are not authorised to give advice.

 

Solicitor has made a big boo boo there me thinks. .

 

Read the defence over and over Oggy. Put down or highlight key points like that. Turn around their defence to your advantage if you can. At the end of the day they haven't the authority to give advice, so why sell it in the first place?

[oggy1]

thanks ukaviator,

i did read that in their defence and i thought that as an agent selling their product they should be able to give advice .

or as you state should they sell it in the first place.

i will be studying it again.

thanks

[alanalana]

with you all the way oggy

 

aa;)

[alanalana]

oggy,

 

get some sleep pal you need to be alert and show them you are up to it.

 

aa

[banker_rhymes_with]

Good luck Oggy1!

 

Just keep working on the basics, and talk through likely responses you may need in your head.

 

P.P.P.P.P.P.P.

 

Proper Prior Planning Prevents P*** Poor Performance!

 

Go for it.

 

Cheers,

BRW

[bathgatebuyer]

Good luck again, Oggy. I've heard tody that the Courts have received a defence in respect of my claim (annoyingly the Bank served their papers late - Grrrrrrrrrrr) and looks like there is more mileage in my own case now. Still watching yours with interest and hope you pave the way for some success!

[oggy1]

thanks to you all , i am about to go to bears pit, i mean court now.

update you all later

you have all been great.

thanks again:(

[oggy1]

hi everybody,

BAD news , I LOST- case dismissed , they had a barrister defending the case.

all of you reading this please take note on a few points:

if you do not have all information before then do not start a claim.

 

DO NOT bother to supply an ammended poc, the judge kept referring back to my first poc not the ammended version, total waste of time and money.

i questioned him about this - answer was i had signed it as a true statement therefore it will be used.

 

defendants did not supply the court any documents- the judge would not strike out.

 

did not bring any originals to court , the judge said it was ok.

the misrepresentation act did not mean that the burden of proof lay with them, it is up to the claimant to prove the case.

 

greater detail to follow, or if you have any questions feel free.

[bathgatebuyer]

The ridiculous thing is that they've probably spent more in Barrister's fees to just pay you off with a confidentiality agreement! Am I right in thinking that all this was for £127???! Blimey - think I'll be closing my CapOne credit card if they treat customers like this.

 

I'm really sorry to hear you lost. Does the Sale of Goods Act not place the onus on them to prove 'fit for purpose'? What happened with the discussions over the validity of the CCA?

[ukaviator]

Nothing mentioned about the CCA non compliance?

 

I am sorry to hear that you lost this Oggy.

[steven4064]

I'm gutted for you Oggy. Please post as much detail as you can when you feel up to it

[oggy1]

the cca non compliance in the judges eyes was not an issue as they had the application form.

the judge said he was not aurhorized to judge on the consumer credit act.

if i had gone for unexecuted agreement i would have won.

there is no cfa between me and cap1.

the original application form cannot be found, the barrister admitted this to the court, judges reply was that it did not matter.

[oggy1]

i feel ive let myself down badly on this one, i should have demanded a strike out as the produced documents in court that we did not know about, that is the court and me, he still ok,d it to carry on.

i should have stuck to my argument.

[steven4064]

And CPR Practice Direction 16 para 7.3?

[banker_rhymes_with]

Damn!

 

Sorry to hear this Oggy1.

 

After giving this a lot of thought, the best technical advice I can give is to chill out and have a Beer!

 

Cheers,

BRW

[havinastella]

unlucky Oggy

 

Jogs