If you are Planning to go to County Court read this urgently

[pt2537]

The Contract

Give details of the contract – date, parties and what the contract was for. If any of the parties concluded the agreement through a servant or agent, say so and identify the servant or agent. Set out what the bargain or the agreement was, including the promise and the consideration for the agreement.

 

Sometimes, in contract claims, the contract is to be inferred from a previous course of dealing between the parties. If so, it will be necessary to set out details of that previous course of dealing.

 

 

• By an oral agreement dated on or about [date] between [the claimant and the defendant], [give details of:
  

· The name and/or identifying details of the individual who spoke the contracting words;

· As far as possible, the contracting words used;

· where/how the agreement was reached and in what circumstances]

it was agreed between the parties that [brief details of the agreement and any documents which evidence it]; or

 

 

• By an agreement in writing dated [date] between [parties] it was agreed between the parties that [brief details of the agreement].
  

 

The Contract Terms

Identify any terms of the contract which are relevant to the issues at stake and on which the claimant intends to rely. These may be express or implied. Refer to any representations relied on

 

 

• There were express terms of the contract that:
  [list/itemise the express terms]
  

 

 

• It was an implied term of the contract that
  [list/itemise the implied terms – state the basis upon which it is implied (e.g. statute or custom and usage and/or to give business efficacy to the agreement)]
  

The Defendant’s knowledge

This may be important if the claimant is relying on any facts known to the defendant which justify the claimant’s claim for damages.

 

 

• At all material times the defendant knew, as was the case, that:
  [list/itemise the knowledge alleged]
  

Performance

If under the agreement, the Defendant’s obligations only arise when the Claimant has performed his obligations, these should be pleaded here.

Breach of contract

Breaches of contract must be expressly pleaded and particularised including when the breach occurred

 

 

• In breach of the said agreement [or the said express / implied term of the said agreement], the defendant:
  

(a)

(b)

 

A breach may consist of an omission, or an act or it may be a representation that was not true. If the allegation is that the breach by the Defendant was so serious that it entitled the Claimant, if he accepted it, to bring the contract to an end, that should be stated in respect of the Defendant’s breach by using such words as

 

 

• In repudiatory and/or anticipatory breach of the said agreement [or express and/or implied term], the defendant:
  

(a)

(b)

 

 

If the Claimant accepted the repudiation and thereby brought the contract to an end, that should likewise be pleaded.

 

Fraud must be specifically pleaded. If you are a solicitor pleading on behalf of your client, make sure that you have specific instructions to plead fraud, and that the allegation of fraud is plausible. Fraud may be alleged as follows:

 

 

• The said representation was made fraudulently in that the defendant knew it was not true, alternatively did not believe it to be true, alternatively was reckless, not caring whether it was true or false.
  

 

Causation, Loss and Damage

 

It is necessary to plead that the breach caused the loss and damage. Take some care to explain why this is so. Set out the loss which the Claimant has incurred as a result of the breach. Bear in mind that in contract cases damages are normally awarded on the basis that the Court should endeavour to put the parties in the position as if the contract had been performed. This will probably include economic loss, i.e. loss of profit. Itemise a list and calculate the sum claimed.

 

By reason of the said breaches of contract, the Claimant has suffered loss and damage.

 

[pt2537]

sorry that last post was supposed to be bullet pointed, with commentary distinguished from the bullet points

[hellhasnofury]

Jeepera, I haven't even got thought the first post yet and Wow, I ask for advice and here it is, lots of info for education:grin:

 

Thanks for taking the time out of your busy schedule to help us.:grin: I know that you are truely in great demand:grin: and I now know why:grin:

[noomill060]

Great stuff.

[havinastella]

PT, is a legend!

 

Thanks Paul, I still hope Palace give you a hiding tomorrow night!

 

JOgs

[pt2537]

PT, is a legend!

 

Thanks Paul, I still hope Palace give you a hiding tomorrow night!

 

JOgs

 

Lol

 

You really think Mr Angry and his Pal-Arse team are gonna beat the mighty saints , hmm,

[havinastella]

Lol

 

You really think Mr Angry and his Pal-Arse team are gonna beat the mighty saints , hmm,

 

Pffft, it's a given!

 

You have a great young boy down there though, Tony Garrod. He was in my boys team and has signed schoolboy papers.

 

Keep a look out for him.

 

Jogs

[pt2537]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

This thread may also help as if the PPI on which you are complaining is not integrated into the contract( providing its a regulated agreement) correctly, you may be bale to have the whole agreement rendered unenforceable

[Paintball]

I think that you need to set out your complaint clearly and the authority that supports this view, that way the DJ is not left to use his discretion and come to some half baked conclusion

 

The problem with "misselling" is that its not a term which judges will be au fait with, now talk about a total failure of consideration and the judge will know what that is and will understand it and its consequences upon the contract

Thanks for this point of law PT; I'll use this in POC if and when I need to. I understand what Bridle and UK are saying but I still feel that responses like these from DJs are less likely to happen than favourable ones to Claimant's well presented and argued claims. It will most certainly NOT put me off going to court.

Hello AA,

 

I do hope you have managed to get your blood pressure down:D

 

I absolutely support your rant 100%, as I know how hard you have worked on this forum to help, support and guide others who are going through the process of reclaiming back their money taken by deceit. And many cases of this deceit were by companies they trusted:mad:

 

You also know how passionate I feel about helping others, empowering them to reclaim what should never have been taken in the first place. Just look at the successes there have been:grin: Some even via the court.

 

What we need is a whole re-vamp of the ppi forum, guidence for water-tight pocs for issueing legal proceedings, legal arguements that will stand up in court, guidence regarding witness statements and court bundles. We really need some help over here from a legally minded expert who can advise, guide and support us.

 

You, me and Painty do our best to keep the forum going and stay positive, and as you know, its hard, to keep ones spirit up, let alone everyone elses, as it can be draining at times. But what do you do, we can't let them away with this.

 

This post will probably be cabbotted because I am prepared to say, that these financial institutes have conned and robbed their own lives blood, yes their customers for years and when you the average Joe Bloggs, tries to right the severe wrong doing, you get the denial, untruths and then you eventually you get the courage to issue proceeding, meet the judge and he wrongfully rules in their favour. This really wants to make me swear:mad:

 

At least now in the future these financial institutions will not be able to apply these up front single premiums to loans, so that is a positive move for consumers applying for loans in the future:grin:

 

Therefore, what do we do, we must soldier on regardless:D

Well said HH and well said aa too ... 8)

[photoman]

here's an interesting old news story from the Times which may be a useful in claims?

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-finance-industry/163099-l-fined-record-7m.html

[chipbeck]

Read with interest the Judges hear say and bandwagon comments.

Hope this bodes well if I get to court with Ge over the wifes storecard.

 

I have a signed credit agreement your honour clearly indiocating that protection is not required.

My learned friend has some hearsay re an alleged telephone call that nobody has a record of.

 

Heavemn knows I might even start favourite.

[alanalana]

Pt2537,

 

I am not copying all your excellent posts suffice to say your legal knowledge will be of great assistance to those choosing the Court route to reclaim. I have been busy with the FOS route and trying to assist with letters and advice but PPI has needed a big Legal shot in the arm. Thank you.

 

hhnf and Paintball are to be well commended for their stalwart work on PPI always fast to jump in for the first poster to get them started.

 

I will try and copy your posts to word doc and research to get a better grip of the contract legalities.

 

aa

[beachcomber60]

Further to my earlier posts on this thread I have received my cca request & something has now come to my attention that, hopefully, changes my position regarding reclaiming PPI. alanalana has been kind enough to scannie over the docs Ive post tonight but I could do with a second opinion from the 'legal eagles on this wonderful site before I go in guns blazing.

 

Thread is GE woodchester ppi

 

Thanks muchly

Beachy

[alanalana]

Beachy I would bang the last post in your own thread or start a new one in this one which may help you out more.

 

Is My Agreement Enforceable - Useful

 

This may also be useful if you proceed to Court action...

 

Documents in Court - Civil Evidence Act 1995

 

Any questions just post and I will answer if I can;)

 

 

aa

[beachcomber60]

Cheers AA, will do.

 

Beachy

[Dyanomo]

 

The Barrister asked for around £2500 in costs, but the judge said no to that. It is your word against theirs, that the correct paperwork was sent out, and that the insurance terms and conditions did say that existing medical conditions would not be covered. Everything else would be covered, so the insurance was not mis sold.

 

You need absolute proof of mis selling in these cases. Just your word against theirs with no evidence can leave you with costs, even in a small claims court. My collegues claim was for £3100 and we came close to paying costs of £2500. Please make sure you know the risks before you go into court, this Barrister made £1000 for 2 hours in court.

 

I thought the defendants could not claim for costs if the total amount claimed was under £5000?

[Josie8]

interesting

[pt2537]

I thought the defendants could not claim for costs if the total amount claimed was under £5000?

in most cases yes this is true but there are circumstances when the court can award costs against you even in small claims

[Dyanomo]

I have the final hearing on 27th Jan 09. I didn't realise I could be liable for the other sides costs. It's contrary to advice I was given previously.

[pt2537]

I have the final hearing on 27th Jan 09. I didn't realise I could be liable for the other sides costs. It's contrary to advice I was given previously.

Not in all cases can costs be awarded against you, but whoever told you that costs CANNOT categorically be awarded against you is wrong

 

see here PART 27 - THE SMALL CLAIMS TRACK

[noomill060]

Being unreasonable or acting unreasonably appears to be the deciding issue here.

 

(How claiming redress for mis-sold insurance could be classed as unreasonable defeats me.)

 

Lets face it, in any other walk of life the process of the mis-selling seen in the PPI shenaghans could be construed as fr**d.

 

Of course, in this context it isnt, its simply mis-selling, in the same way that Hilary Clinton wasnt lying about landing at Baghdad airport whilst it was under fire, she merely "mis-spoke".

[alanalana]

Being unreasonable or acting unreasonably appears to be the deciding issue here.

 

(How claiming redress for mis-sold insurance could be classed as unreasonable defeats me.)

 

Lets face it, in any other walk of life the process of the mis-selling seen in the PPI shenaghans could be construed as fr**d.

 

Of course, in this context it isnt, its simply mis-selling, in the same way that Hilary Clinton wasnt lying about landing at Baghdad airport whilst it was under fire, she merely "mis-spoke".

 

Quite sad in my case the FOS have advised me to settle on agreed repayment of PPI. Money in bank on 22 Dec without communication and only two of three PPI loans have been settled but not to my satisfaction and not to what the FOS stated I should receive. Complaint Number 4 to be submitted soon. My case seems to be "Mis-Agreed"

 

Bummer even though I have money in bank:grin:

 

aa

[Dyanomo]

Seeing as there is a few Mods looking at this thread, perhaps I can be cheeky and ask a question pertaining to my case.

The Defendants have sent their Court Bundle to me including a witness statement. The Witness Statement however had pages missing. I asked the Defendants to send a full copy which they did not do. It is now a month past the last day to send documents. Can I write to the Court asking for this evidence to be thrown out as I have not had site of it?

Where do I stand with this?

[Conniff]

So, five years on, how did this pan out ??