welcome finance ppi - ive issued a court claim!

[andie_303]

quick question - can I use a SAR template (data protection request) under the CPR rules??

 

i.e. just ammend the top of a SAR to say as I am a claimant in an action against them I am asking for release of the information contained in the SAR under CPR??

[faza]

cant see why not, but do not add SAR in the letter, just say that you are requesting all the information relevant to the case under the CPR rules and tell them failure to comply will mean you will report them to the court.

 

 

 

 

 

 

 

I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.

[andie_303]

They "may nots" in the account in dispute letter - can someone tell me where these come from i.e.

* you may not demand any payment on the account, nor am I obliged to offer any payment.

* you may not add further interest or charges to the above account nor are you to pass this account to a third party.

*you may not register any information in respect of this account with a credit reference agency nor are you allowed to issue a default with regards to this account.

 

The reason I ask is that I have had a response from a company saying they do not have to abide by these as these are in relation to the banking code - and as they aren't a bank they do not have to adhere.

 

Is this true??

 

Thanks

[clemma]

No - if they fall under the Consumer Credit Act then all the above DOES apply to them. They are spouting rubbish.....ignore them and carry on dealing with them in whichever way you were.

[nicklea]

clemma,

 

There is nothing in the act that stops them doing these things. The only thing that the act states is that they may not enforce the agreement until they do comply with a s77/78 request. The Rankine case does have a lot in it that is questionable but it did confirm that enforcement means proceedings in court.

 

There is nothing to say that they cannot continue adding interest or using dcas etc. It is simply that they may not enforce the agreement through a court.

[andie_303]

ok - confused now...

 

basically the account is in dispute as I dispute the amount owed - the compnay added on PPI without consent and where the amount of the borrowing has been satisfied I refuse to pay for insurances I neither wanted nor could have used.

 

The matter is currently with the court and so I have disputed what is left owing, as previously stated the actual amount borrowed and interest has been repaid.

 

The company concerned were sent the dispute letter in March and it gave them 21 days to respond if they did not agree - they didn't and I have confirmation that on 10th March they put a note on the account to take no collection activity until the outcome of litigation. Therefore I was verbally told by a customer service member of staff my account was on hold

 

However, they have continued to process my data with the CRA and have so far logged 3 late payments and increased the balance - I assume with charges and interest.

 

When I questioned them on this they said they did not accept the account to be in dispute and did not deem a response necessary to the original account in dispute letter!!

 

They then go on to say that as they are not a bank they do not have to abide by the "do nots"

 

So basically Nicklea - can they do whatever they like to my credit file even though I do not accept, and will prove I do not owe them anything??

[nicklea]

Yes they can until you get a court to stop them doing it

[pt2537]

that is what s142 CCA is there to help with, however you need to bring an action against the lender to enforce your rights

[the_shadow]

Hmm Crapital One are A bank, registered name and address:-

 

Capital One Bank (Europe) plc

350 Euston Road

London

NW1 3JJ

 

As far as I'm aware they have signed up to the banking code also.

 

S.

[andie_303]

what the company said about it being the banking code probably isn;t even true they aren't what you would call a "reliable" leagal source

[diddydicky]

clemma,

 

There is nothing in the act that stops them doing these things. The only thing that the act states is that they may not enforce the agreement until they do comply with a s77/78 request. The Rankine case does have a lot in it that is questionable but it did confirm that enforcement means proceedings in court.

 

There is nothing to say that they cannot continue adding interest or using dcas etc. It is simply that they may not enforce the agreement through a court.

 

my take on this is that they could continue adding interest because you don't know that they don't have a valid agreement simply by virtue of their failure to comply with s78

 

however they cannot enforce whilst they are in default of s78 and i don't agree that enforce just means court action

 

any form of action which punishes or penalises you other than normal addition of interest for not making payments must be enforcement therefore the imposition of charges (which otherwise would not have been added in the normal course of events) are enforcement- they are designed to make you pay up (IMO)

[clemma]

Agreed DD - how can they continue charging interest/charges etc., etc if you have not signed anything agreeing to such conditions.......

[nicklea]

diddydicky,

 

again, in your opinion. However, the High Court has a different opinion. As I said, there is a lot wrong with the Rankine decision but at the end of the day, it is a high court decision.

 

Would you want to stand up in front of a judge and argue against that when it was the likelihood that it would be you getting a CCJ if you were wrong?

 

clemma,

 

They can continue doing it until you get a court to stop them and, as pt said above, it is up to you to bring an action against the lender to enforce your rights

[diddydicky]

Agreed DD - how can they continue charging interest/charges etc., etc if you have not signed anything agreeing to such conditions.......

 

i wouldnt include interest as enforcement charges yes

[diddydicky]

diddydicky,

 

again, in your opinion. However, the High Court has a different opinion. As I said, there is a lot wrong with the Rankine decision but at the end of the day, it is a high court decision.

 

Would you want to stand up in front of a judge and argue against that when it was the likelihood that it would be you getting a CCJ if you were wrong?

 

clemma,

 

They can continue doing it until you get a court to stop them and, as pt said above, it is up to you to bring an action against the lender to enforce your rights

 

hi, not sure why you underlined "your"- - of course it is my opinion - ins't that what the forum is for?

 

i was pointing out that enforcement IMO is NOT just court action .

 

 

I am well aware that despite the fact that it is not permissable they can still do it-

 

there is nothing in the cca which says i can make a charge everytime i write a letter t the creditor whilst he is in default but i DO, and i charge them 7.50 each time i write

 

(what's good for the goose is good for the gander!) and it is equally up to them if it gets to court for them to ask the court to rule my charges are unfair)

 

 

a DN is enforcement action is it not? that occurs before any court action

 

Even the creditor recognises it as enforcement

[nicklea]

Yes, I agree with you that a valid DN is a necessary prerequisite before a creditor can enjoy the benefits of section 87.

 

However, I would suggest that, there is a big difference between charging interest or default fees, restricting credit or using debt collection agencies on one hand and serving a dn followed by terminating the agreement on the other hand.

 

The reason for this is that the Dn clearly states that it is part of an enforcement process. Default fees and the use of internal/external collection agencies are not part of any enforcement process, these things are contained within the terms and conditions of the agreement that we all sign up to (whether they are fair or not is another matter) .

[diddydicky]

Yes, I agree with you that a valid DN is a necessary prerequisite before a creditor can enjoy the benefits of section 87.

 

However, I would suggest that, there is a big difference between charging interest or default fees, restricting credit or using debt collection agencies on one hand and serving a dn followed by terminating the agreement on the other hand.

 

The reason for this is that the Dn clearly states that it is part of an enforcement process. Default fees and the use of internal/external collection agencies are not part of any enforcement process, these things are contained within the terms and conditions of the agreement that we all sign up to (whether they are fair or not is another matter) .

 

or, didnt sign up to as is the case with 99.99% of folk on here!

[Clavis]

Write, never never ring!

[andie_303]

Write, never never ring!

 

Am i missing something??

[andie_303]

Hi all

 

Hope someone can help.

 

I am the claimant in a court case and we were given a case date and instructed by the judge to deliver doscuments we would use to each other by a certain date.

 

This date has passed and whilst I provided documents I have received nothing from the defendant.

 

Can anyone tell me what I should do now?

 

I have just phoned the court and they say I have to write to the court and tell them formally the information has not been provided.

 

Do I just write and say they haven't sent it and leave it at that or should I be asking the judge to do something?

 

Thanks

 

Thank you

[AndyOrch]

Did the Defendent Acknowledge service and intent to defend?

If not then you can request Judgement.

 

Regards

 

Andy

[andie_303]

The defendant filed a defence but hasn't provided discovery - someone has told me that normally this means they cannot present any evidence if they attend the actual hearing but as I really am not well versed on this I don't know how correct this is.

 

I have just written a letter that goes.......

 

Dear Court Manager

 

I am writing to you on the advice of the pre-trial division to make you aware that the defendant in the above action has failed to provide dislosure as directed by the judge when a hearing date for the case was issued.

 

The court has also confirmed that it has also not recieved any disclosure documents.

 

I would ask for the judge scheduled to hear this case be made aware of this issue at the earliest opportunity.

 

Any thoughts?

 

I would really like to get this letter off today so sorry for being impatient but if anyone could offer any advice I would really appreciate it.

 

Thank you

[AndyOrch]

Hi Andy

 

Ok you issued a summons for what ever reason.The Defendent Acknowledged service and submitted a defence.I summise they requested you to disclose information pertaining to your claim.The was allocated and you have both submitted AQs.The DJ as Ordered disclosure by xx xx xx and they have failed to disclose.

 

Did you disclose on time?

What exactly are you requesting from the Defendent?

 

If the Defendent fails to disclose on time the Claimant may make application to strike out the Defendents defence and attain Summary Judgement game over!!

 

Regards

 

Andy

[andie_303]

Hi Andy

 

Thanks for the reply - you have it spot on.

 

Yes I did disclose on time and have the proof that it has been recieved by both defendant and court.

 

It is a PPI mis-selling complaint.

 

Should i then be asking in the letter for the judge to strike out the defendants defence and make a summary judgement or do I need to file a specific form for that?

 

Thank you again for your help

[AndyOrch]

No you do this vis a vis the N244 Application form.You can download one from the Gov website.There will be a cost of £75 but you add this to your costs.

 

Andy