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Hi everyone,

 

I have threads relating to my and Mr Landy's creditors in the relevant forums, but have a couple of queries relating to filing at court which I thought might get the best exposure here - hopefully someone will be able to help!

 

Apologies if the questions are a bit dumb or if they have been asked a million times before, but having had a good read around (as usual!) I have been unable to find an answer.

 

Here goes -

 

Mr Landy and myself have an overdraft on a joint account and a loan each with the same bank. We also have several old, settled loans with the same bank. We have put in a claim for bank charges (almost double the amount of our overdraft) and also for mis-sold PPI on all the loans, having valid reasons for it being mis-sold.

 

We are at the stage where we should file at court, but as these claims are all with the same bank I was wondering if we could lump them all together and submit them as one claim? The charges alone already go way over the small claims threshold, although I understand that this isn't necessarily fixed at £5000?

 

If the bank took us to court (which I think is quite likely) is there a likelihood that THEY would lump all our debts together? I have seen an example on Cag where one person had a loan and overdraft added together and treated as one debt by the same bank, although as our loans are individual maybe this isn't possible?

 

If they did take us to court and we put in a counterclaim, could we counterclaim the total they owe us (charges and various lots of PPI) - which far outstrips what we owe them?

 

Very many apologies for so many questions:eek:

 

Thank you,

 

Landy x

Edited by landy_alert

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Bump:)

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

Can anyone help with this please?

 

Many thanks,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

landy alert

hya!

it is probably best to keep each account and loan actions seperate, whilst it may be financially beneficial for you it will complicate matters when dealing with the court. remember that you ought to be able to claim all of your costs back once you have won your cases.

 

you may well wait to gather a further opinion on this as i have no legal training, just an old dog that reads alot.

 

good luck

djc

  • Haha 1
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Hi djc:)

 

Many thanks for your response. In truth I think you're probably right, and I suppose that thinking about it, if they take us to court they will have to do it separately if the current account is joint but the loans are each in our individual names. It just makes me so angry that overall they owe us far, far more than they say we owe them and I'd just like to deal with it in one go, but I suppose I'll have to be patient like everyone else. It doesn't help that ours is a hardship case which they are refusing to acknowledge.

 

Sorry, rant over now!

 

Thanks again.

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

Hello Landy,

 

If the bank behaves as ours did, they will issue a claim against you for the joint account and your loan combined and also against your other half, for the joint account and his loan combined.

 

If you can get your subject access request sent in, you should have a better idea of exactly how much you can counterclaim and also get copies of any alleged agreements that may exist.

 

Hope you get some further feedback

 

Best regards

  • Haha 1

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Hi GhostDebt:)

 

Many thanks for your response. I hadn't thought they might do it like that - the swines!

 

We have got our SARs back and have most of the paperwork relating to charges, loans etc, although one or two older ones which I believe had PPI on are missing. In particular there is one loan in my name which I paid for the full term, which if it had PPI I believe was definitely mis-sold as I was a housewife and not in any form of employment at the time.

 

Having calculated as much as I can I know for certain that what we would be counterclaiming is way in excess of what they allege we owe. We have sent off all the prelims and LBAs etc and will have to decide whether to file soon or in the case of the PPIs whether to file or go to the FOS.

 

It's just knowing how one should be playing this:eek:

 

Thanks again for your input, it really is most appreciated!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

At the end of the day, it depends on if you want to start a claim against them before they start against you, or if you want to counterclaim against them when they claim against you.

 

Probably better to claim against them first, might make them think twice.

 

But up to you at the end of the day....

 

Hope it goes well.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Hello Landy,

 

If the bank behaves as ours did, they will issue a claim against you for the joint account and your loan combined and also against your other half, for the joint account and his loan combined.

 

Thanks again for that info GhostDebt!

 

So, just to clarify - they can definitely lump our debts together, but can I for example take them to court for the (joint) overdraft and my loan PPI and likewise Mr Landy for the same joint overdraft and his loan PPI?

 

Am all set to go ahead with this next week so just want to find the best way and that which will make the most impact!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

Thanks djc;)

 

If anyone else can help that would be great, thank you!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

Hi Landy.

 

Don't see why not, as they would do the same.

But please get further clarification as this is only my opinion based on what they did with ours.

We hadn't found cag at the time, so are doing all we can to sort ourselves out now and offer help if we can...

 

hope it all goes well

 

regards.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Hi GhostDebt:)

 

Will do - many thanks for your opinion. If we could do this it would be great, but will make sure it's 100% ok to do so before I proceed - I don't want to make any mistakes with this!

 

Your help and advice is most appreciated - like yourself I just wish I'd discovered Cag a couple of years ago, it would have probably saved us all sorts of problems..........but better late than never I suppose!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

Yes Landy you can lump the claim together but remember you are restricted in the P.O.C (particulars of claim) If you issue via MCOL with your wording.So you would start with the Claimant held various accounts with the defendent from a period from etc etc.Would save on your paperwork and costs also.

 

Regards

 

Andy:cool:

  • Haha 1

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Hi Andy:)

 

Thank you for clarifying that for me - it's most helpful and should save us some money!

 

We will probably not be using MCOL, in which case I gather there's no restriction in the amount of characters/wording that I can use?

 

Thanks again for your advice.

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

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