next directory ppi/ppp

[sharpgun]

thanks for replying, i have just printed all of the documents for the ppi bundle, but this is a new one on me, what is the for of the bundle? i havnt done one before. this is very frustrating when next wont give me any information at all.

[sharpgun]

ive had two conflicting pieces of advice both from solictors

1 the fact the judge didnt make next come up with the evidence i have been told to appeal this on the grounds of failure to give evidence.#

2 the second peice of advice was forget about appealing just go to court. the fact they didnt turn means they probably wont turn up at main court hearing, and put bundle together and carry on with what i have.

any thoughts guys

 

thanks

[pawnbrokers]

SG, although the solicitors are advocating next lack of interest, its another thing when the case is presented and they have to go to legal recourse to defend. so whatever you do please make sure that the documents you are preparing are done so with due diligence as you may still find that next will do something that i feel they must. as for the lack of information supplied, try to include this in the POC. when you have it prepared im sure you should post it up so that the guys on this site can give it the once over - remember, the judge said that they didnt need to be at the last hearing as your request was not quite the right one - this time i hope it will be and they will have to get legal advise, my own feeling is that they knew you were not going to get anywhere with your prebious action, and that could only have been based on some legal advice from somewhere, so dont play down what they"probably" wont do = best regards -pb

[sharpgun]

need some help gang, ive looked for hours on how to do a bundle with no success can someone point me in the right direction please

[dj1971]

Sharpgun,

 

Sorry don't know how to do a bundle.

 

You could try posting in the legal forum for advice.

 

DJ

[sharpgun]

anyone no where i can find this article so i can add to bundle please limitations a ct 1980 sec32C

[sharpgun]

hi guys need some urgent help hereI am just going thruogh some of the letters they sent me THE REASON THEY SAY THEY DONT HAVE TO SENT A TRUE CREDIT AGREEMENT IS AS FOLLOWS.

Qoute(By way iof explanation, under section 78 of the consumer credit act, next must supply any customer with a true copy of there credit agreement upon request. For the purpose of section 78a, a trus copy need not be an exact copy or photocopy, as long as it containsevery material provision of the agreement sighned. this means that it does not needto have non-statutory information whichwas included for the creditor s ownbenefit or signiture boxs.

Therefore next are not required to provide you with a signed Executed copy of the agreement and this is made clear in section 3(2) of the consumer credit act(cancellation notices and copies of documents) regulations. we are required to provide you with a true copy and a true copy is enclosed along with a copy of our credit agreement. (Unqoute)

Nothing came with a date or signature so how can the above be right if we dont know if it is a true copy. please any thoughts I need to put this in a bundle.

[car2403]

May I ask why you're still posting on your thread while taking legal advice from a Solicitor?

[sharpgun]

because he has given me conflicting advice from another solictor as explained,advice is very hard to come by:eek:

[car2403]

Advice is a funny thing - it's all about experience and history, so each person has a differing view.

 

What they've said about s.78 responses is, sadly, accurate - have you requested data under a DPA SAR, as there's no such movement on what they have to provide, there.

 

The only way to get what you need seems to be to take legal action and force their hand with CPR requests, IMHO.

[sharpgun]

well ive just read there defence and part of there defence says i qoute

ppp was added to the claimants accountas she did not opt out of recieving the benefit of such insurance at the tiime the account was opened. it is denied that the defendant added ppp without her consent. unqoute.

fortunatly i have a letter written by someone at next who is not in the legal team so left hand not telling right hand etc.

 

i qoute

by way of explanation ppp was not mentioned in your credit agreement, but was added to your agreement automaticallyat the time your account was opened, as was our procedure in 1991.

 

do i have them by the balls or not?

[pawnbrokers]

hi SG, had same responses to my own claim with Next, then they sent me another letter later to ex-plain that that wasnt what they meant and changed the argument to one that request was made and fact that its been there forever is just explanation of why they wont refund. They are a complete load of nonses, but that aside, when the original amount was added, with the proviso that it could be stopped, in effect Buying by default,

There was never a law against it, so its not illigal, it is however verysharp practice and as you and i and most people who had this forced upon us, never got any documents of any sort to advice what it is or was charged for, we would not have challenged it, we dont know what it was. (also please add) it was described only as PPP - i would attempt to offer my argument that it indicated Post packaging presentation fee, so it was never explained and was accepted as a fee for services, not for Insurance, which you only became aware of when you started to investigate the circumstances surrounding your case.

 

I really cannot see how any judge would agree that something described in this was was a description that Next wanted you to know about.

 

I can also add, if its of any use, That they cover up any late fees, or such charges as "administration charges" - so again, these gits really do not try to make you aware of what you are paying for - Hope it helps - PB

[sharpgun]

next are saying that they dont have to produce a signed copy of both the ppp policy or cca because it was so long ago, my question is surely if the account was still active in 2006 they should have retained these copies is there any regulations to support this please?

[pawnbrokers]

if account active in 2006 then they have to keep them 6 years, this is just another of NEXT "DONT WANT TO PLAY" responses - ICO complaint, should help your cause, then if still no joy FOS and wait a year for them to respond, but your in the right SG, keep on keeping at them - PB

[sharpgun]

thanks pb but i have few days to finish my bundle and if i could find some information that shows that they should retain sgned copies it would just put another nail in the coffin i have now have a court date of 06 sept, so every thing is getting closer and i need to index everything

[sharpgun]

this would help so many people on here i just wish i had some more help,sorry not you pb

[car2403]

Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a Credit Card agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally and most importantly in my view, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

[sharpgun]

sorry the information you have given me is brilliant, but cant find the last one about money laundering? i have found the site but find the regulations, any ideas?

[sharpgun]

ok found it but next question

there are fifty pages in this legislation do i need to print them all or just the relevant paragragh?

here it is i think

 

RECORD-KEEPING, PROCEDURES AND TRAINING

Record-keeping

19.—(1) Subject to paragraph (4), a relevant person must keep the records specified in

paragraph (2) for at least the period specified in paragraph (3).

(2) The records are—

(a) a copy of, or the references to, the evidence of the customer’s identity obtained pursuant

to regulation 7, 8, 10, 14 or 16(4);

(b) the supporting records (consisting of the original documents or copies) in respect of a

business relationship or occasional transaction which is the subject of customer due

diligence measures or ongoing monitoring.

(3) The period is five years beginning on—

(a) in the case of the records specified in paragraph (2)(a), the date on which—

(i) the occasional transaction is completed; or

(ii) the business relationship ends; or

(b) in the case of the records specified in paragraph (2)(b)—

(i) where the records relate to a particular transaction, the date on which the transaction

is completed;

(ii) for all other records, the date on which the business relationship ends.

(4) A relevant person who is relied on by another person must keep the records specified in

paragraph (2)(a) for five years beginning on the date on which he is relied on for the purposes of

regulation 7, 10, 14 or 16(4) in relation to any business relationship or occasional transaction.

[pawnbrokers]

sg - Not completely sure, but fifty pages is a bit much for a Mgistrate to take in, = i would personally refer to the legislation and print the paragraph regarding retention of documents.

 

As for NEXT - they im sure have inferred that the PPI was too old to keep copies of, but again if you have proof of when the last premium was taken, its again prooves that the Insurance was live and they must treat it in the same way as your other documentation.

 

PB

[car2403]

I don't think you need to take them, I'm sure they will find it themselves

[sharpgun]

this site isnt so easy to navigate around anymore where is the icon for subscribed threads? anyway back to bussiness I have now put my bundle into court and sent next theirs, but I have had nothing the other way is this normal? how can they come to court with nothing are they just relying on my documents?

[sharpgun]

bump

[sharpgun]

how come my posts are not on the ppi thread?

[cerberusalert]

how come my posts are not on the ppi thread?

 

Your posts are here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?268296-barclaycard-ppi

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?177335-ppi-cliam-for-mbna

 

You can find which threads or posts you've made by clicking your user name and then clicking posts or threads started on the left hand column in your profile.