EGG Mr P Card Repayment Protection premiums Court Claim Help please.

[puddinpie]

Hey Phatram

 

We're both in Derby and both going for Egg PPI ......I'm at exactly the same stage as you at the moment. I'm currently working on my Egg POC so could let you have a look when finished...It will be Thursdayish though. Although mine wont be the same as your's as yuou are self employed you willonly need to amend a few things.

[phatram]

Thats great, thank you.

[puddinpie]

In the meantime does anyone have an Egg POC I could have a look at ......I do not believe that I selected PPI and I think it was an option that was pre selected and therefore did not give me an option. I have asked Egg to prove I selected the PPI and shock horror they have failed to come up with the goods .......yet again.....

[phatram]

Any P.O.C'S please ?

[puddinpie]

Hey Phantram

 

PM'd with current POC ............needs work as some of it is contradictory.....I'm still waiting for my CCA request from Egg .......only been waiting since March 23rd !!!!! They have sent me all my statements and a stupid screen dump which apparently shows I selected PPI !!!!! Yeh right !!!!

 

I have written again today and will submit my N1 to Derby Combined Court end of next week

 

Have a look and see what you thinks ....Any suggestions welcome....

[phatram]

Thanks PP,

I will read it, but don't expect too much help 'cos I don't understand most of this legal stuff!!! lol

[hellhasnofury]

Thanks PP,

I will read it, but don't expect too much help 'cos I don't understand most of this legal stuff!!! lol

 

Hello phatram,

 

How are you well I hope:D

 

Maybe pm Itsme or Reidnet for a copy of the poc, They are the only two people I am aware of in the court process.

[phatram]

Filed at court.

[hellhasnofury]

Filed at court.

 

Hello Phatram,

 

You didn't waste much time, Did you get hold of anyone or did you put the poc together yourself.

 

Any chance of posting your poc, for others to learn from. So many people ask for help in this. Would understand if you didn't want to:D

[phatram]

PARTICULARS OF CLAIM

 

 

1. The Claimant had a credit agreement credit card acc no xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around 20/09/2000

 

2. At the time of completing a balance transfer on 31/08/2006, the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

 

3. The Claimant contends that:

 

a) The Claimant did not request the insurance when the online application was processed but that the Payment Protection Policy was pre-selected by the Defendant;

i) The Insurance imposed upon the Claimant were neither defined nor explained and were not "optional" as laid out in the said agreement.

ii) The Insurance was mis-sold, as the Claimant was self employed at the time and thus the circumstances invalidate the cover should the Claimant have ever needed to Claim.

 

b) The Claimant contends that the Defendant fraudulently passed incorrect details to the insurer to obtain these same Insurances from the insurer. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant contends that that Insurers are under an obligation to ensure the policy they are selling is appropriate to that customer and contends the Defendant has not fulfilled this requirement. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant also contends that the Defendant never once attempted to ascertain the Claimants’ position to assess whether such as product was suitable. If any assessment had taken place it should have been considered wholly unnecessary and unworthwhile.

 

c) If the Court finds that incorrect details were not passed as a result of fraudulent behaviour then the Claimant contends that incorrect details were passed to the insurer through the Defendants’ mistake as to facts.

 

d) 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.

 

 

4. Accordingly the Claimant asks:

 

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £308.23 by conferring a benefit under an ineffective transaction.

 

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £308.23 by virtue of the Defendants’ actions, be they fraudulently or mistakenly, in obtaining the Insurances which offered no benefit to the Claimant.

 

c) Alternatively, the Claimant seeks damages of £308.23 in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £308.23

 

d) Court costs;

 

e) The Claimant claims

 

i) Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of 16.9 %. This is the rate currently 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.

 

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not optional, they were not explained and were in fact mis-sold due to the Claimants employment situation.

 

ii) In the alternative to e 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 16.9 % per annum.

 

iii) In the alternative to e 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.

 

iv)Schedule showing interest calculated at the rate

quoted at I is attached to these

particulars of claim, as follows:

 

· Schedule A - Compound Contractual Interest calculated at 16.9%

[puddinpie]

Hi Phatram

 

Any update ......?

[phatram]

Not really, waiting for letter from court giving court date.

Had the notice of issue, but not heard anything since.

[puddinpie]

Have you had an Allocation questionnaire from the court.

 

If so have you given any draft allocation .......I have been sent an AQ from Derby court and was wondering if it is advisable to submit draft directions.

 

I am okay witht he draft directions fromt he claimant but can;t work out the defendant side.

[phatram]

Case stayed.

[hellhasnofury]

Case stayed.

 

Hello Phatram,

 

Why has your case been stayed???????

[phatram]

General Form of Judgment or Order

To the Claimant

 

Xxxxxxxxx

Xxxxx

Xxxx

xxxx

 

 

 

In the DERBY County Court

Claim Number

xxxxxxxxx

Claimant

(including ref.)

xxxxxxxxxxxxx

Defendant

(including ref.)

Egg Pic 6/LIT/RMC/5437

Date

xxxxxxxxx

 

Before DISTRICT JUDGE BUTLER sitting at Derby County Court, Combined Court Centre, 2XE.

Upon reading the file and upon it appearing that the issues in this case are to be considered by the Commercial Court in case number 2007 Folio 1196.

On the Court's own initiative IT IS ORDERED THAT

1. This case is stayed with immediate effect pending the final determination of the case in the Commercial Court.

ANY LISTED HEARINGS IN THIS CASE ARE VACATED AND WILL NOT TAKE PLACE.

2. Either party may apply to the court to lift the stay. Any application must be served on the other party and be

supported by evidence why the case should proceed before the determination of the Commercial Court case.

3. Unless the Court has given directions in the meantime the Defendant must apply on notice to the Court for

directions not later than one month after the determination of the Commercial Court case.

4. This order having been made on the Court's own initiative, either party may apply to vary or revoke it

provided the application is made not later than 7 days after service of the Order together with the appropriate

fee.

5. Explanation. The very many cases about bank charges that are being brought raise issues of principle that need

to be decided by the High Court, in particular whether bank charges that have been paid can be recovered

because the contract with the bank imposes an unlawful penalty, or because the terms of the contract are unfair

and infringe legislation. The Office of Fair Trading and several banks are co-operating to have the major issues

that arise in many of the cases decided by the High Court. The Commercial Court decision should be known by

February 2008. It is, therefore, appropriate for this case and many other cases to await the decision of the

Commercial Court.

Dated 20 September 2007

The court office ac DERBY County Court.Combined Court Centre, Morledge, Derby, DEI 2XE is open between 10am and 4pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 01332 622600 Fax: 01332 622543

Produced by :SUZZIEB

N24 General Form of Judgment or Order

[puddinpie]

Huh ............

 

What the ..........

 

Why is the judge waffling on about bank charges ...... hello this is PPI

 

Thats just great - I guess mine to will have the same treatment seeing as Judge Butler will also see my claim.

[hellhasnofury]

General Form of Judgment or Order

To the Claimant

 

Xxxxxxxxx

Xxxxx

Xxxx

xxxx

 

 

 

In the DERBY County Court

Claim Number

xxxxxxxxx

Claimant

(including ref.)

xxxxxxxxxxxxx

Defendant

(including ref.)

Egg Pic 6/LIT/RMC/5437

Date

xxxxxxxxx

 

Before DISTRICT JUDGE BUTLER sitting at Derby County Court, Combined Court Centre, 2XE.

Upon reading the file and upon it appearing that the issues in this case are to be considered by the Commercial Court in case number 2007 Folio 1196.

On the Court's own initiative IT IS ORDERED THAT

1. This case is stayed with immediate effect pending the final determination of the case in the Commercial Court.

ANY LISTED HEARINGS IN THIS CASE ARE VACATED AND WILL NOT TAKE PLACE.

2. Either party may apply to the court to lift the stay. Any application must be served on the other party and be

supported by evidence why the case should proceed before the determination of the Commercial Court case.

3. Unless the Court has given directions in the meantime the Defendant must apply on notice to the Court for

directions not later than one month after the determination of the Commercial Court case.

4. This order having been made on the Court's own initiative, either party may apply to vary or revoke it

provided the application is made not later than 7 days after service of the Order together with the appropriate

fee.

5. Explanation. The very many cases about bank charges that are being brought raise issues of principle that need

to be decided by the High Court, in particular whether bank charges that have been paid can be recovered

because the contract with the bank imposes an unlawful penalty, or because the terms of the contract are unfair

and infringe legislation. The Office of Fair Trading and several banks are co-operating to have the major issues

that arise in many of the cases decided by the High Court. The Commercial Court decision should be known by

February 2008. It is, therefore, appropriate for this case and many other cases to await the decision of the

Commercial Court.

Dated 20 September 2007

 

The court office ac DERBY County Court.Combined Court Centre, Morledge, Derby, DEI 2XE is open between 10am and 4pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel:

[sequenci]

That is bewildering.

[hellhasnofury]

Don't know what going on with my last post?

 

I only asked if you have applied for the stay to be removed as the claim and particular of claim was for payment protection insurance and now bank penalty charges.

[reidnet]

Apply to have the stay removed as this is dam all to do with Bank Charges..

 

You may like to include an advert for Specsavers..lol

 

It just goes to show that like a lot of Financial Companies and the Courts are not actually reading and Understanding POC's...

 

Ian

[puddinpie]

I agree totally with you Reidnet

Doesn't hold much hope for the PPI claim I am currently waiting to go before the same judge.

Its anonying that due to the courts incomptence Phatram will now have more work to do applying for the stay to be removed and also pay to do it !!!!!!!!

Keep us posted Phatram .......

[reidnet]

I believe you can also make a complaint about the decision to the court Manager, I will have a look into that a bit later on.

 

Do keep us posted though, and if I come up with anything in the meantime I will post it here.

 

Ian

[puddinpie]

Phatram

 

Just had my court date through for Derby Court for a PPI claim.

 

I filled out Allocation Questionnaire and requested small claims track.

 

It went before Judge Bonce and has been allocated to small claims track to be heard Jan 08.

 

Maybe the judge just did not read your POC correctly and assumed that the case regarded Bank Charges ...........

 

If you need my details (eg case number) give me a shout

[oggy1]

hi,

have been reading the threads and i have started a claim against egg for ppi misselling.

 

i have written to them twice and had the same type of letters back, so will be following yours with interest.

i have got my credit agreement but there isnt anywhere that states i requested ppi.

good luck!!