Black Horse PPI? need some help and advise

[alanalana]

Hello leehind,

 

1. The Claimant opened a Consumer Credit Agreements with Black Horseon date.The account/reference number is *******which was a Payment Protection Planagreement with a total of £**** . I will refer to this as the “Agreement”.

 

2. The Agreement included Payment Protection Insurance (“PPI”) which was taken out at the same time.

 

3. The Claimant contends that the PPI relating to the Agreement, was only purchased as a result of pressure and misleading and/or incorrect advice given by the Staff Memberemployed by Black Horse Ltd.

 

4. The Claimant believes that a reasonable level of care and skill was not offered to the Claimant by the Manager during the sales process, and that therefore Black Horsefailed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

 

5. The Claimant believes it is inconceivable that a person, occupying a management position within a multi-national company specialising in personal finance, would not have been given full training in the eligibility requirements for a product that provides a considerable boost to its profitability through commission and interest.

 

6.The Claimant contends that comments were made by the Manager which indicated that the loan applications may be refused without PPI, and the fact that it was optional was never mentioned. Indeed, when the forms were provided for signature, the relevant boxes for PPI were already marked.

 

7. The Claimant contends that there was no information provided of alternative options, or comparative costs of similar PPI products from other suppliers. (This link may give support to para 7

 

Current inquiry by the Competition Commission into PPI PRELIMINARY FINDINGS this is ongoing......

http://www.competition-commission.or.../pdf/18-08.pdf

 

 

8. The Claimant contends that the PPI was sold with a view to meeting sales targets and providing bonuses and commission for the Manager and staff, rather than to help the Claimant attain a better financial position.

 

 

In considering this, and all matters in this claim, the Claimant asks the court to take into account the following Principles of Business which are legally binding on Black Horseunder the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:

 

Principle 1 Integrity - A firm must conduct its business with integrity.

 

Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.

 

Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.

 

Principle 5 Market conduct - A firm must observe proper standards of market conduct.

 

Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

 

Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

 

The Claimant seeks damages and other sums, as listed below, against the Defendant under Common Law, and/or section 2 of the Misrepresentation Act 1967, and/or section 140B of the Consumer Credit Act 1974:

 

The claimant claims that Black horse Ltd a sum equivalent estimated to the total amount unlawfully debited to my account during the above mentioned period, being £****.I further claim interest pursuant to s69 of the county courts act 1984 at the rate of 8% per annum, I further claim the court fee of £***

 

 

The Claimant believes that the facts stated in these Particulars of Claim are true.

 

Signed:

 

Date:

 

I have not been to Court yet but if I have to I will give you a call to ask for help on my POC. It seems to me to be quite a nice POC but I am not in the legal frame yet.

 

Good luck

 

aa

Edited September 19, 2008 by alanalana
quotes out of synch

[leehind]

cheers for that. looking forward to see what paintball can do to my POC then its time to attack !!!

[leehind]

paintball, shall i just submit this version?

[mugger]

was sold ppi but got losed when took out a loan from them thought i was covered car was a right of claim was told did not have one, but took one out when bought the car

[Paintball]

paintball, shall i just submit this version?

 

Sorry I missed this post Leehind. I've answered the Q in your POC thread as Alanalana had included some useful amendments/clarifications: Can someone check my POC-

 

HTH

[leehind]

Been a long time but i have finally submitted to court my N1 form and POC... will inform yoou of the outcome.. How fast does it take anyone no?

[SURFBOY]

subbing am in same position with black horse PPI

[leehind]

surfboy

 

Have you submitted your N1 and POC?

 

Let me no your progress

 

good luck

[SURFBOY]

Not yet, i am waiting for their final response to my LBA

[leehind]

ok here is the update.. filed my n1 form and poc. Got a responce from black horse's solicitors within days and they are defending the case. So looks like all the way to court. Has anyone actually been to court? Need help in compliling a court bundle any help would be appreciated. will keep you all updated with the outcome

[leehind]

recieved solicitor letter and court documents. Black horse have 28 days to file there defence...

 

can any moderator assist in court bundle or any advise

[skeptic]

Planning ahead is always a good idea... but you don't need to be worrying about Court bundles yet.

 

Any trial date is a long way off.

 

Lots of people have been to Court; but PPI claims are, by their very nature a different kettle of coconuts from the easy win, bank charges claims of a couple of years ago.

 

Every PPI claim will turn on its own facts. Therefore, the onus on the Claimant to plead the law (that is relevant to their particular claim) correctly and susequently meet the evidential burden of proof on the facts, is not inconsiderable.

 

There is very little worthwhile you can do whilst waiting for a Defence, other that check, double check and triple check what the last date for filling the Defence is... that way you'll be waiting at the door of the Court with your, perfectly prepared, request for Judgment in Default at 9.50am (Court offices open at 10.00am), the very next day.

 

Whatever, you do DON'T remind them that they only have x more days to enter their Defence. (either in person, in writing or by advertising the fact here...)

 

Keep quiet, do your research and otherwise engage in masterly inactivity.

 

When they file their Defence... post a link to it here... having removed/ obscured/modified any of the personal info in it, the name of the Court and the dates of in the pleadings and anything else that would make it easy to work out from the Document... who you are.

 

Discussing your litigation strategy in public (with the potential of it being monitored by the other side) is recipe for disaster... and don't forget the Bank will know exactly what they put in their Defence.

[thdon123]

Hi

 

I find this forum very interesting, now I find that some of the information like another member stated is a little contradicting. Now your going down the route of mis-selling, now in one of your answers on here you said you were never told about the ppi, but in your very 1st one you say that you thought the ppi was compulsory therefore you must have had a conversation with the person at Blackhorse about the ppi.

 

Now everything in this world is optional even the loan so did it not occur at any point to check any of the documents as I have seen these document packs and they substantial.

 

When reading the letter Blackhorse has sent you it states in there that you have signed a demands and needs statement, now you would have again had time at least to look at the demands and needs statement so how can you not have looked at all the points on this. Also a credit agreement would normally be signed which I know clearly points out the costs of the insurance seperately to the loan even though it bands under one payment when collecting your monthly installment.

 

Now im not biased in anyway towards Blackhorse but if your going to put a case together dont make the mistakes you have made on this forum because id assume a part of one of the biggest Banking businesses in the UK would eat this kind of contradiction for breakfast.

Edited March 2, 2009 by thdon123

[SURFBOY]

Some interesting points you made there thdon123 ,with reguards to my own claim, thank you.

A demands and needs statement eh?

I have not seen one of those and not filled one in. I can guarantee, that in my case , the PPI was not sold as being optional, its very inclusion in the agreement presented to me to sign confirms this. At the time i took out my loan i was a little nieve and did not know my rights, i was under the impression that the PPI was compulsary and was not told otherwise by Black Horse staff and in fact my employment at that time was not even mentioned.

Thank you for your imput, i find your comments very helpfull with my case .

[HONESTKNOB]

I'm following this thread with great interest as I'm just starting a claim against Black Horse. Just waiting for my go away letter to arrive then off to file my N1.

[leehind]

yes i agree i did make some school boy errors but hey i am not an expert in this field, however quick update. Even with my errors the case is coming to a quick end. Had a letter from the solicitor asking if i would go into out of court settlement talks. so this is in motion.

 

Also a friend of mine has won his case against blackhorse last week. They have paid out fully on the PPI includes 8% and given a goodwill compensation payout

[HONESTKNOB]

That's great news lee Keep us posted with the negotiations and if you'd be so kind as to help me with my figures that would be brilliant.

[HONESTKNOB]

Any news Lee? And how much compensation did your friend get on his claim?

[SURFBOY]

Is anyone any further with claiming back ppi from black horse?

I have not taken mine any further yet as i have had other issues .

I am now in a position to continue with this issue.