The Funding Corporation Small Claim Summons - joint loan - backdoor decree against OH - mine was dismissed - help

[Monty2007]

Its 8th September, when I emailed the court and The F/C lawyers a copy of the Holding Defence, the court has confirmed they have received this and I had asked the F/C lawyers to do the same but they have not replied to this.

 

 

xxxxxxxxxxxxx

 

Dear Pinky

 

They will not be helpful, best not to expect anything from them and ensure everything is done by the book. They must be very rattled!

[pinky123]

Just a quick update as I haven't been on for a while, well thats over 2 weeks no since they received the I/A and still no response, and no response either to the holding defence.

Waiting to see what and if their next move will be.

 

 

xxxxxxxxx

[postggj]

its starting to look very good

 

told you these agreements are crap

[pinky123]

Don't beleive this I must be so thick!!!!!!!!!

 

Just e-mailed the court to see what was happening with I/A, as I hadn't received anything from the FC and I required this to build my defence, this is the answer I got:

 

The Incidental application has not been granted yet. It has been continued to enable the application to be served. When the case calls again you must move the incidental application. If it is granted you would then request the paperwork referred to. At this stage the court is not expecting any further paperwork from yourself. If the case is assigned to a proof diet - on the next calling - then you will have to lodge any productions, lists of witnesses etc.

Feel as if I'm back at square 1 xxxxxxxxxxxx

[Monty2007]

Don't beleive this I must be so thick!!!!!!!!!

 

Just e-mailed the court to see what was happening with I/A, as I hadn't received anything from the FC and I required this to build my defence, this is the answer I got:

 

The Incidental application has not been granted yet. It has been continued to enable the application to be served. When the case calls again you must move the incidental application. If it is granted you would then request the paperwork referred to. At this stage the court is not expecting any further paperwork from yourself. If the case is assigned to a proof diet - on the next calling - then you will have to lodge any productions, lists of witnesses etc.

 

Feel as if I'm back at square 1 xxxxxxxxxxxx

 

Dear Pinky

 

Don't worry, you are not back at Sq 1. This is typical and not a problem, when the case calls then you request an extension based on the lack of documentation. The will have to grant this to you based on your IA, it draws out the process but clearly it is important for you to get full disclosure so that you have a good defence.

[pinky123]

Just heard from The FOS, saying that last year I submitted a complaint about The Funding Corporation and that as it was outwith their duristiction they could not proceed further, however if I wish to re-submit my complaint as the FOS are now considering these complaints.

 

Should I present this as evidence ir maybe ask the court to put this on hold to see what The FOS come back with????????

[pinky123]

Also another thought I had, I reported Funding Corporation to FSA, should I make this known also????????

[pinky123]

Just A Quick Update, Back From Court Today And The Funding Corporation Have Asked For An Extention On The Incidental Application As They Haven't Managed Collate All The Paperwork, And Have Only Managed To Produce A Couple Of Things From My List, Also They Have Passed On That They Do Not Need To Suply Statement Of Needs As This Wasn't A Condition On The Original Contract.

 

Any Comments Greatly Appreciated!!!!!!!!!

[42man]

How long have they had ? Have you considered requesting a strike out ?

[Monty2007]

Just A Quick Update, Back From Court Today And The Funding Corporation Have Asked For An Extention On The Incidental Application As They Haven't Managed Collate All The Paperwork, And Have Only Managed To Produce A Couple Of Things From My List, Also They Have Passed On That They Do Not Need To Suply Statement Of Needs As This Wasn't A Condition On The Original Contract.

 

Any Comments Greatly Appreciated!!!!!!!!!

 

Dear Pinky

 

There is a lot of flexibilty in the Scottish small and summary cause rules so it is usual that a party can just turn up and ask for an extension and the Sheriff will usually grant it since the rules allow for this. It means that cases drag on and on......... but it works in your favour also.

 

As I have found, Incidental Applications wrt documentation are simply requests, unless there is a provision within the rules then they Sheriff is restricted from forcing the other side to comply. It is the same in my case, I issues a IA for documents and the Sheriff said he cannot force them to comply within my timeframe BUT if I don't have them by the next calling data then he will grant an extension. Does not really get me anywhere but at some point he will decide that evidence should be led and they will be in the brown stuff..........

[postggj]

pinky

 

a statements of needs is a requirement needed to sell you ppi etc

 

it goes through the routine of seeing if the insurance is what you need

 

you could be self employed

part time worker

have a back problem

 

its to decide if the policy is sutable

 

most dont do this at point of sale as they are more interested in the commission

 

if they dont have it, it calls the whole agreement into question

 

them saying that they dont need the statement of means is rollocks

 

how about the underwriting sheet

 

any news on that

[pinky123]

Thanks for the info, they haven't forwarded anything on yet so don't know what thay have or don't have, they only mentioned the statements of needs as they said this wouldn'tbe produced as the contract didn't call for it.

[postggj]

they are mistaken

 

demand it be produced in court if needed

if they dont have it, they are addmitting misselling

 

they are sweating over this

 

dont let them off the hook

[pinky123]

Thanks for the help, back at court on 6th October to see if they have everything I have asked for (this will be the 3rd time), what should I say at court regarding the Statement of Needs!!!!!!!!

[postggj]

well if they have not still produced ion court as its the thrid time, request from the judge to strike out for non compliance

[IdaInFife]

just to add incase they are being picky,

 

the fsa call it accessabiltiy or eligabilty criteria

 

ida x

[pinky123]

Was at court on 8 sept where I was told that The F/C had some documents I required but not all, I was told this would be forwarded on to myself but over a week later I have not received anything, is this the norm for it to take so long?

[gillypam]

Hi postggj.got a letter from stephensons today they had a letter from the funding corporation have refuted the entire claim and they say that if it was a 106(d)would not apply as the security on the vehicle is by way of a bill of sale and not the CCA1974 they think the matter is closed. so naw it gose to a barrister to have a look at all paper work to see if we have a good chance of winning in court. but haw can they get out of it when they admitted BOS is void.

[postggj]

well i think they are bricking it

 

the agreement is covered by the cca 1974

end of

 

this is usual routine

 

stephemsons are well aware of this

 

wait for the surender letter

[maybelline]

pinky

 

a statements of needs is a requirement needed to sell you ppi etc

 

it goes through the routine of seeing if the insurance is what you need

 

you could be self employed

part time worker

have a back problem

 

its to decide if the policy is sutable

 

most dont do this at point of sale as they are more interested in the commission

 

if they dont have it, it calls the whole agreement into question

 

them saying that they dont need the statement of means is rollocks

 

how about the underwriting sheet

 

any news on that

 

sorry gatecrashing whats this statement of needs, halifax sold me ppi in the bank with a loan, i dont think i qualify cos of previous medical issues??

[postggj]

the statement of means is a doument the person selling the insurance has in front of them at time of sale.

 

its a check list to see if the insurance is sutable

 

it will list if you are

self employed

part time

any pre exsisting medical conditions

etc etc

 

it needs to be done prior to the sale

 

if they dont have this document then its misselling and calls the whole agreement into question

 

demand they give it to you

 

its a legal requirment

[gillypam]

hi pinky 123.the OFT are investigating the funding corporation also FOS have been notified too.so lets see what happens it could help alot of people.

[pinky123]

Thanks Gilly, back at court on the 6 Oct so I'll keep everyone updated, still waiting on the documents listed on my I/A but still not received anything and that is 2 weeks since I was at court.

[Monty2007]

Thanks Gilly, back at court on the 6 Oct so I'll keep everyone updated, still waiting on the documents listed on my I/A but still not received anything and that is 2 weeks since I was at court.

 

Hi again pinky. If they don't produce anything by 3rd October then you can serve another IA asking for the case to be struck out.

[pinky123]

Thanks Monty, Should it be the court or Funding Corporation that should forward the paperwork on to me, also any idea what I should say to the Judge re The Statement of Needs (not sure how to word it)

 

 

Cheers xxx