Blackhorse for a secured loan. - POC for PPI - Do we have any?

[pinknico]

Hello pinknico,

 

Hey AA you are getting quicker:lol:

 

This is the thread I was referring to regarding info on the enforcebility of credit agreement. I will have to read the one AA posted up

 

Read from page 5 onwards for the info relating to ppi on agreements

 

Agreement Enforceability

 

See if this helps your understanding:-D

 

Thanks HHNF that is the one I am after!

[mocca]

what line do you take if what you are claiming is that they sold you the policy. you thought the cost of the policy was say £2000 and they in fact took say 60% of the sum as a fee/commission?

[citizenB]

what line do you take if what you are claiming is that they sold you the policy. you thought the cost of the policy was say £2000 and they in fact took say 60% of the sum as a fee/commission?

 

Mocca, have a look at the following links they might offer some advice for you.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/170647-secret-commisions.html

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/155866-g-e-money-secret.html?highlight=Secret+commission

Edited January 15, 2009 by citizenB

[sjp123]

Hi All,

 

I used a company called Clear Claims. I didn't pay for it; well £10 to get my DPA files. So fair game.

Think it took about 14 weeks to get the money back; but i'm happy

[sjp123]

i've found the link now. it was clearclaimsnortheast.co.uk (sorry, not clear claims) p.s they did my buy to let morg for me too!!!

[SupermanX]

Hi

I've copied my POC which i drafted using the above thread for a credit card ppi claim versus Egg as well as Egg's defense.

It looks like the argument for Conditional Sale Agreement+ Credit charge does not stand for credit cards and only for loans??

Can someone have a look at my POC, point 5(b)ii, as well as Egg's defense, in that respect:confused:

1)do i need to amend my claim? what shall i do?

2)does anybody have a copy of Consumer Credit (Agreements) Regulations SI 1983/1553?

Particulars of Claim

1- The defendant's company is an online bank.

2- The Claimant had a credit agreement with the defendant which was opened around XXXX.

3- The Claimant's credit card account has been debited with payment protection insurance premiums without his knowledge and consent.

4- The insurance was mis-sold.

5- The Claimant contends that:

a) The Insurance imposed upon the Claimant were neither defined nor explained, nor alternatives from other suppliers suggested.

b) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;

i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments

ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit

iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit

iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.

6- The Claimant claims:

i) Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of XXX %. This is the rate applied by the Defendant to the Claimant’s unauthorised use or borrowing of the Defendant’s monies, as provided for in the contract. The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

ii) In the alternative to i), if the Court is unable to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the Claimant avers that the defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the Claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of XXX % per annum.

iii) In the alternative to i) and ii), if the Court finds that the Claimant is not entitled to contractual interest, the Claimant claims interest under section 69 of the County Courts Act 1984.

7- SCHEDULE OF CLAIM FOR CHARGES

PERIOD: [XXXXX] TO [XXXXX]

Eggs Defense:

-"As to paragraph 5(b) above it is denied, if the same be alleged, that the optional PPI policy was required by the terms of the regulated Agreement which constituted the claimant's account with the Defendant. As to paragraph 5(b)i it is denied that the PPI policy constituted a charge for credit, the PPI policy was not compulsory, it was optional. It is denied that the agreement between the claimant and the Defendant is a conditional Sale Agreement as alleged. Paragraph 5(b)ii is denied. It is presumed that the reference in paragraph 5(b)iii to Paragraph 2,Schedule 6 is a reference to Consumer Credit (Agreements) Regulations SI 1983/1553. It is denied that the paragraph referred to, which relates to fixed-sum credit, is of any relevance to this matter. Paragraph 5(b) iv is accordingly denied. The defendant reserves the right to serve an amended Defense addressing this issue in the event that is revised"

Tks Super

 

 

 

[citizenB]

 

 

2)does anybody have a copy of Consumer Credit (Agreements) Regulations SI 1983/1553?

 

 

 

 

 

 

 

You will probably find it on one of the posts in the following thread

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

[SupermanX]

Thanks

[Captain Rex]

Your POC looks a bit messed up, only use a POC from a sticky and check any legislation your self before using it.

You have shot yourself in the foot with point 3 by then going on to claim the contract was improperly drafted.

No problem if there is in fact a prescribed term missing.

Take a look at the Misrepresentation Act 1967, this puts the requirement of proof on to the defendent.

Something like, 'I say I did not consent to PPI as you misrepresented the facts at the time the agreement was being discussed by failing to inform me that PPI was available from another source'.

 

Clarifying the above prima fascia caveat emptor applies to the Misrepresentation Act 1967, however your credit card company were acting as insurance agents when selling the PPI and therefore were negligent in their duty by not telling you that PPI could be obtained from another supplier.

A newbie, only offering general commentary.

Get stuck contact the site team.

If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

Edited January 23, 2009 by Captain Rex

[SupermanX]

Thanks for your advise.

 

I believe i have the possibility of modifying my claim for a fee once submitted. So hopefully i can get this rectified

[Captain Rex]

Should have added this to my post. Read through these then pull something together: http://www.consumeractiongroup.co.uk/forum/guidance-notes/

http://www.consumeractiongroup.co.uk/forum/cases-library/

http://www.consumeractiongroup.co.uk/forum/statutes-library/

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111522-advanced-court-bundle.html#post1090641

and contact the site team if you are still stuck.

Edited January 23, 2009 by Captain Rex

[Goldlady]

Well they should have credited the loan balance with the remaining amount of the PPI that you had not yet paid. Sounds not quite right, but you need to check your statements.

[citizenB]

just bumping this as it could be useful in the coming months

[Ash!]

hi there i need urgent advice i am victim online banking fraud. I dont know where to post my request for advice. My bank said they will look into matter need urgent advice

[phatram]

Anyone got an up to date POC for court please?

[jazzer1899]

I'd be interested in an up to date POC too

 

J

[phatram]

hi there i need urgent advice i am victim online banking fraud. I dont know where to post my request for advice. My bank said they will look into matter need urgent advice

Start a thread of your own in the appropriate section in the following,

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?3-Bank-and-Finance-Subforums

 

and good luck.

[phatram]

Any recent POC's? Can't find any anywhere.

[gregorious77]

MYPOCfinal.doc

Here is mine I just sent it off to court and they have sent back notice of issue so 14 days and counting for Cap1.

Its for them applying PPI when I said NO.

[phatram]

[ATTACH]30183[/ATTACH]

Here is mine I just sent it off to court and they have sent back notice of issue so 14 days and counting for Cap1.

Its for them applying PPI when I said NO.

 

Thanks,