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

[diddydicky]

Thanx DD but I don't understand!!!!!!!!!!!!!!

 

xxxx

 

look down to your bottom left of the text box theres a green ball a set of scales and a red triangle

 

you hit the red triangle if you are desperate for advice (for instance if you have court deadlines to meet etc) and it alerts the site team to your predicament

[ukaviator]

Pinky123

 

The PPP insurance has been added to the loan. A single premium policy is where the whole cost of the insurance is added as a lump sum at the start of the agreement, which is then repaid over the term of the loan. Many loan policies were sold like this until they were banned in May 09. The APRs and the actual monthly costs of the insurance contract and that of the associated loan amounts need to be clearly identified to you the customer.

 

You have a joint loan but the PPI sold to you does not cover all of the borrowers, i can see another name to the right on the agreement. Did you receive any Key Facts when the loan became active?

[postggj]

ukaviator

 

can i but in

 

i believe this is one agreement that is crap

 

is the premiun cash price ppi or some other insurance

that has been added to the principle loan

a plus b to make up the amount of credit

 

they have added the two before calculating interest

 

GAME OVER

 

WILSON V FCT

 

ITS YOUR LUCKY DAY

[pinky123]

Thanks guys for your help, any ideas on what my next letter should include don't want to rollover to these guys.

 

 

xxxxx

[postggj]

give me a few days

so meny threads to catch up on:-)

[pinky123]

No Probs, your a star xxx

[diddydicky]

No Probs, your a star xxx

 

there you go pinky

 

you'll never look at triangles the same again!!

[pinky123]

Thanx DD, what would I do without you!!!!!!!!!!!

[diddydicky]

Thanx DD, what would I do without you!!!!!!!!!!!

 

have pictures of cliff richard above your bed and dribble!!

[pinky123]

P, HERE ARE THE IMAGES YOU REQUIRE (I HOPE), THE THING IS THIS LOAN IS IN MY NAME WITH MY SIGNATURE BUT THEY HAVE SENT A SUMMONS TO MY HUSBAND ALSO!!!!

 

Edited August 4, 2009 by pinky123

[postggj]

hi pinkie

 

ime asking for directions as this is a scotish claim

need rory it seems

hang fire and ill pm him

 

anybody else up on scotish claims

 

by the way

 

this case is done and dusted

 

interest on acceptance fee before calculating interest

 

wilson v fct will be enough to end this

[pinky123]

Thanks For That, Hope Rory Can Help !!!!!!!!!!!!

 

Any Help Out There Would Be Greatly Appreciated.

 

 

 

Xxxxxxxxxxx

[postggj]

hi pinky

not forgot about you

we still have till next friday for the defence

 

sorry but ime not up on scotish law to much

[pinky123]

SORRY FOR THE HASSEL, BUT FUNDING CORPORATION ARE TOTALLY FREAKING ME OUT, MAYBE I SHOULD JUST PAY UP THE PROSPECT OF COURT AND HAVIN TO FORK OUT EXTRA MONEY TO THEM IS MAKING ME WANT TO THROUGH UP xxxxxxxxx

[diddydicky]

well if you havent got the heart for the fight you may well be right to choose that option or at least give it to a solicitor

[freakyleaky]

I have flagged this up for the rest of the site team. Hopefully some help will be with you soon.

[Monty2007]

Hi Pinky123

 

This is winnable and postggj has provided your defence. There is plenty of time since the Return Day is 1st September and this is the deadline for simply stating your intention to defend within the Small Claim Summons, the case will first call before the Sheriff on 8th September so you can relax for now.

 

They are totally stuffed on the PPI and accordingly the whole loan given comments by others.

 

I have experience of the Scottish Civil litigation process and have just had an interesting outcome with one Ordinary Cause Action and a Small Claims Summons from HFC just landed on my doormat.

 

Have you undertaken a SAR? It is too late to do this if you haven't so we should serve them an Incidental Application to get more information and make them in no doubt that this will be defended, we will also get the -ve CRA marks removed as part of the settlement.

 

I will post up an Incidental Application - ensure you fill in the gaps and send or take three signed copies to the Sheriff Court that issued the writ.

 

You should take a look at this and invite advice from other CAG ers if we need to ask for anything else in relation to this writ. I can then help you get it into the propert format and then submit it next week.

 

--------------

 

 

Court Reference Number: xxxxxxxxx

 

 

SHERIFFDOM OF XXXXX at YYYYYYYYYY

 

 

INCIDENTAL APPLICATION

 

in causa

 

Their name as on the writ

Their address as on the writ

 

PURSUER

 

against

 

You Name as on the writ

Your Address as on the writ

 

DEFENDER

 

The Defender seeks an order for the recovery of documents and further information from the Pursuer in relation to the Summons made against the Defender. These documents are vital to the Defender in order to compile a full defence and counter-claim. The Defender requires the following information to be supplied to him forthwith and at least two weeks prior to the Return Day of 1st September 2009:

1. A copy of the properly executed loan Agreement in relation to account referenced xxxxxxxxxxxxxxxxxx and specified within the Pursuers writ, together any terms and conditions that applied to the account at the time of alleged default and at the time the account was opened.

2. All records the Pursuer holds on the Defender, including, but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to the above referenced account.

b. Where there has been any event in the above account history that has required manual intervention by any person, the Defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account.

c. True copies of any Default Notice(s), Termination Notice(s) or enforcement notice(s) that the Pursuer claims to have served upon the Defender, together with a copy of any proof of postage.

d. Details of any collection charge(s) added to the account; specifically, the date these were levied, the amount of the charge(s), a detailed financial breakdown of how the charge(s) were calculated, and what the charge(s) cover.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of the Defender’s data as required by the Data Protection Act 1998.

g. A list of third party agencies to who the Pursuer has disclosed the Defender’s personal data and a summary of the nature of the information that has been disclosed.

h. Copies of statements for the entire duration of the alleged credit agreement.

 

3. Any other documents that the Pursuer seek to rely on in court.

 

 

In respect whereof

 

 

Signed .................................................................

 

 

 

Date: xx July 2009

Your Name

Your Address

 

DEFENDER

 

[pinky123]

Thanx For The Great Info, So Do I Fill In The Form Above And Take 3 Signed Copies To Court, Also Why Have They Sent A Summons To My Husband When He Did Not Sign For This Loan This Was In My Name And Signed By Me Xxxxxxxx

[Monty2007]

Hi Pinky

 

Has your husband also received a summons? Or is the one you posted in both of your names?

 

I am not sure about joint loans, I am sure someone will be able to comment.

 

Three signed copies of the Incidental Application should be sent (Guaranteed Next Day Delivery) or hand delivered to the Sheriff Court that issued the Summons. Check that you have the addresses and all other details correct.

 

Please ask if you need any help or PM me.

 

Monty

[IdaInFife]

on the agreement itself that you posted it up it has customer details twice, is this your name theor twice or yours and your other halfs?

 

ida x

[pinky123]

they have sent my husband a seperate summons, this is what I don't understand as he did not sign for the loan it was in my name and I was the one who signed.

 

Thanx to everybody for all the help XXXXXXXX

[Monty2007]

they have sent my husband a seperate summons, this is what I don't understand as he did not sign for the loan it was in my name and I was the one who signed.

 

Thanx to everybody for all the help XXXXXXXX

 

Hi Pinky

 

He will also have to defend his too since he is named on the loan agreement by the look of it. I have no experience of joint loan applications and other can comment BUT my understanding is that you are jointly liable and that they can chase either or both of you for the whole debt.

 

So ensure that your husband follows exactly the same process as yourself. Do you both have the same court date?

[IdaInFife]

IdaInFife said:

on the agreement itself that you posted it up it has customer details twice, is this your name theor twice or yours and your other halfs?

 

ida x

 

 

there is some confusion that you need to tell us.

 

on your agreement it has customers details twice

 

is your details there twice or yours and your OH's?

 

and you are saying that your OH's signature is not on this document?

 

 

ida x

 

Postgg,

 

could you clarify something neebs,

 

are you saying that they cannot add interest on PPI? (i didn't see the agreement) it's just later in thread you said they cannot add interest to an acceptance fee?

 

is it they can't to both ?

 

ida x

[pinky123]

Ia Delivered Yesterday Morning To Court, Now Getting Ready To Get My Defence Together, Any Help Regarding This Would Be Greatly Appreciated As I Am Determind To Nail These Cowboys.

 

Xxxxxxxxxxx

 

Hi Ida,

 

No on the agreement (don't know why but it lists myself and my O/H name, but this loan was only taken out by me I was the one who applied for it and signed it not him and it is my name only on the PPI cover, that is why I am confused why they have gave him a summons, as he has nothing to do with it.

 

Pinky x

 

Have now completed my IA (thanks monty) and will be hand delivering it tomorrow, i'll keep you all posted on the outcome.

 

 

xxx

[Monty2007]

Dear Postgg or anyone

 

I am just putting together Pinky's Summary Cause defence and need to know what area of law that will form her defence with respect to the PPI. I have the fact that they did not send a DN.

 

Thanks

 

Monty