Halifax PPI

[Scrappy01]

I need a little bit of help with an Allocation Questionaire. I need some draft directions for PPI if anyone has any.

 

My case is that I tackled Halifax for the PPI on my credit card. They paid it back because they couldn't locate the "application form". I asked for the interest I'd paid on the money taken and also 8%. They mis-calculated the 8% and hadn't returned the interest. So after a few letters etc I lodged a court claim for the remaining 8% and the interest I'd paid on the sums taken.

 

They have now said they are willing to pay the remaining 8% and the court costs but deny I'm entitled to the interest I paid on the PPI sums back.

 

The only thing I can think that I want them to send to the court is a copy of the statements showing interest I paid. The application form can't be found so its pointless asking for that.

 

Can anyone help me, or point me to some sample directions.

 

Thanks in advance.

[steven4064]

Hi anita

 

Use the format for draft directions that others have used and just put what you said in your post above - a copy of all the statements for this account.

 

In section G just put that you "respectfully suggest" these directions because thewhole case rests on the fact that you were charged interest on this (these) payment(s) and the statements will show what was paid.

[Scrappy01]

Thanks Steven. I'm probably trying to over complicate it!! I saw some draft directions earlier, for charges, and they had a lot more on but much of it not relevent to my case. I had a moment of panic.

 

I've been offered Small Claims Mediation as an option. I hope to try that first if Halifax accept.

[Scrappy01]

I wonder if anyone can offer me a little advice. I'm currently in the middle of a court claim for PPI against Halifax.

 

I requested Small Claims Mediation. The Judge sent both parties a General Form of Judgement or Order stating that we had to contact the Small Claims Mediator within 7 days. I called within the 7 days. 3 weeks later Halifax still haven't contacted them and the Mediator has said she can't seem to contact them. How binding is the Order? Surely if a Judge says you must do something then its not going to help the case if you don't do it, even if they'd just said they didn't want to take up Mediation.

 

Also as part of their defence they stated they were going to send me a cheque for an amount. It wasn't the total claim amount so I carried on with my claim. I still haven't received the cheque almost 2 months later. Can I write to Halifax's solicitors and ask what happended to the payment or should I just leave it to the court?

[steven4064]

Anita

 

Part 3 of the Civil Procedure Rules state

CPR Part 3 says:

 

3.4

 

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

 

(2) The court may strike out a statement of case if it appears to the court –

…

© that there has been a failure to comply with a rule, practice direction or court order

 

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

You could write to the court askong for Halifax's case to be struck out under 3.4(2)© and asking for an order under 3.4(3) that they pay you the full amount including what they promised and have not paid

[bathgatebuyer]

Very interesting as I'm a few steps in the process behind you I don't know whether to be surprised or not that they haven't responded!