Egg CCP PPI Court Claim Mrs P

[phatram]

bump

[hellhasnofury]

bump

 

Have a look at this sticky:D

 

Allocation Questionnaires - A guide to completion

[phatram]

Thanks H.

[hellhasnofury]

Thanks H.

 

You are more than welcome Mr P

[phatram]

In the XXXXXX County Court

 

 

Claim number XXXXXX

 

 

 

 

 

 

 

Between

 

 

 

 

XXXXXXXX - Claimant

 

 

 

 

and

 

 

 

 

 

XXXXX - Defendant

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
  

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
  

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
  

• d) Copies of decided cases and other legal materials to be relied upon.
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
  

• b) Whether such charge is accepted to be a penalty, and if not why not;
  

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
  

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
  

• e) Any witness statements.
  

• f) Copies of decided cases and other legal materials to be relied upon.
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

Can this Draft Order for Directions be used in a PPI case? It is not a penalty charge as far as I can gather - what amendments need to be made to this Draft Order? Panicking a bit cos I'm running out of time!!

[steven4064]

You don't have to put in draft directions but it is an opportunity to ask for any information you don't have, particularly if you have asked before and not got it. If this is the case, I would suggest you ditch section 1 (ie the stuff you say you will provide) and restrict section 2 to stuff you want them to provide.

 

The sort of things that you might put in for a PPI claim are:

 

copy of original agreement

copy of PPI policy schedule (including any limitations, things that made it inapplicable to you - important as you are trying to show it was mis-sold)

statement of PPI premiums paid and any interested charged thereon

[phatram]

Cheers Steven,

will post it for checking and others use shortly.

[phatram]

Can I ask for strict proof they told me I could get this insurance elsewhere and a lot cheaper?

[phatram]

In the Derby County Court

Claim number

 

 

 

 

Between

 

- Claimant

 

and

 

 

EGG PLC - Defendant

 

 

 

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each CCRP payment of which is sought, showing the date, amount, and reason given (if any) for that payment being made;
  

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
  

• b) A copy of a needs and benefit questionnaire
  

• c) A copy of the terms and conditions from the date the credit card was taken out.
  

• d) A copy of the Credit Card Repayment Protector schedule.
  

• e) Statement of CCRP premiums paid and any interest charged thereon.
  

§ f) Strict proof Egg PLC advised of alternative insurance with lower premiums.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[phatram]

Can I dispense with no 1 as I've already supplied a schedule of ccrp payments and Egg know they have supplied me with copy statements 'cos of my S.A.R - (Subject Access Request)?

And can I ask what is in no2 without me asking what is in no1?:confused:

And I've got to take it to court tomorrow.

Edited June 17, 2008 by phatram

[steven4064]

I think I said before that I would just ditch 1. Make 1 --

 

1. the defendant shall with in 14 days... send to the claimant and the court..

 

I think I would ditch the 'pursuant to what contractual provisio....' bit as well

[phatram]

Thats great thanks,I just wasn't sure if that would be ok/enough.

Thank you

[steven4064]

You might not get it ordered anywy - the idea is to hassle cap1 a bit

[phatram]

You might not get it ordered anywy - the idea is to hassle cap1 a bit

They sent it me? To hassle me ? To try to get me to give up?

Don't get it really tbh, I think the court should tell 'em to behave.

[phatram]

and

 

 

 

 

 

 

EGG PLC - Defendant

 

 

 

 

 

 

 

Draft Order for Directions

 

1. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in

 

 

 

Respect of each item claimed;

• a) A copy of my needs and benefit questionnaire
  

• b) A copy of the terms and conditions from the date the credit card was taken out.
  

• c) A copy of the Credit Card Repayment Protector schedule.
  

• d) Statement of CCRP premiums paid and any interest charged thereon.
  

§ e) Strict proof Egg PLC advised of alternative insurance with lower premiums.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Edited June 17, 2008 by phatram

[phatram]

[phatram]

Is that ok ??

[steven4064]

IN the draft order replace "The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in

 

 

Respect of each item claimed;"

 

by

 

" The Defendant shall within 14 days file and serve the follwoing information:"

 

From what you have written in 'I' it seems that the whole basis of your claim is that Egg didn't tell you of alternatives to their PPI. I'm not sure that is a strong enough case. For mis-selling, I think you should also show that the PPI sold did not meet your needs (eg because you would not be able to claim on it because you were self-employed or on benefits).

 

I'm just being cautious because several cases have been lost in the last week or so because of getting details wrong.

 

Others will correct me if I'm wrong.

[phatram]

EGG PLC - Defendant

 

 

 

Draft Order for Directions

 

1. "The Defendant shall within 14 days file and serve the following information:"

• a) A copy of my needs and benefit questionnaire
  

• b) A copy of the terms and conditions from the date the credit card was taken out.
  

• c) A copy of the Credit Card Repayment Protector schedule.
  

• d) Statement of CCRP premiums paid and any interest charged thereon.
  

§ e) Strict proof Egg PLC advised of alternative insurance with other providers.

§ f) Strict proof that on 16 July 2002 the Credit Repayment Protection (CRP) was optional, as Egg have already admitted that on 23 2004 this was not the case.

[phatram]

EGG PLC - Defendant

 

 

 

Draft Order for Directions

 

1. "The Defendant shall within 14 days file and serve the following information:"

• a) A copy of my needs and benefit questionnaire
  

• b) A copy of the terms and conditions from the date the credit card was taken out.
  

• c) A copy of the Credit Card Repayment Protector schedule.
  

• d) Statement of CCRP premiums paid and any interest charged thereon.
  

§ e) Strict proof Egg PLC advised of alternative insurance with other providers.

§ f) Strict proof that on 16 July 2002 the Credit Repayment Protection (CRP) was optional, as Egg have already admitted that on 23 September 2004 this was not the case, as in point No6 of Eggs defence.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[phatram]

PRIVATE & CONFIDENTIALDate 19 June 2008

 

This letter is about resolving your dispute

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Sir

MR P v EGG BANKING PLC CLAIM NO: XXXXX

We have been instructed by Egg Banking Pic in relation to your claim for mis-sold Card Repayment Protection ("CRP").

We are instructed to settle your claim in the sum of £645.66, and now enclose a settlement agreement for you to sign and return. On receipt of the signed agreement we will send this on to the Court for sealing and provide you with payment thereafter.

Should you have any queries please do not hesitate to contact us. Yours faithfully,

Eversheds LLP

This offer of part payment is accompanied by the infamous "Tomlin Order"

Part acceptance letter on its way.

[steven4064]

What's the total of your claim? - can't remember

[phatram]

About £1700.00

[angry cat]

So, they are offering you half?

what about the interest?

 

ac

[bathgatebuyer]

Interesting that they are seeking to preserve the matter of costs at this stage - perhaps they are not that confident after all??