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

[Monty2007]

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

 

Hi pinky

 

It depends. An IA will come via the court but your requested paperwork should come from the funding corporation. I have had the same problem with mine and I see it with other cases, the Pursuers fail to follow up. Hence you need to point this out at your next calling date to the Sheriff when you are allowed to present. The Statement of Needs is important and you need to point out that this is a requirement for evaluating your suitability for PPI, you will have to dig around for whatever legislation or guidelines were current at the time.

 

Good luck!

[pinky123]

Well back at court on Tuesday for the 3rd time, still no paperwork received re the I/A served, also does anyone know if a Statement of Needs was mandatory in 2004 as they have said that they do not need to produce this piece of paperwork.

 

Thanks

[postggj]

Its A Legal Requirement

 

Ill Dig Out The Legislation

 

When You Next In Court

 

Give Me A Few Days

[postggj]

HI PINKY

 

JUST DOUBLE CHECKING

 

IT WAS JANUARY 2005 WHEN SELLING CAME UNDER THE FSA

 

BUT

 

THIS IS THE GOOD NEWS

 

PPI - rules before 2005 - How to tell if you?ve been mis-sold PPI - Your money - Which? Advice

 

 

RAM THIS DOWN THERE THROATS

[postggj]

And Me Again Pinky

 

Did You Find Out Who The Ppi Payments Went To

 

What Insurance Company

Who Underwrites The Policy

 

did You Get A Statement Of Price

thats A Break Down Of The Premiums

 

Its How Much In Total With Interst You Will Pay For The Insurance

 

Its Important And A Legal Requirement

[pinky123]

Thanks for the help, back on the 6th October, the insurance company was AXA.

 

What should I do on Tuesday if they want another extention, and don't produve what i've asked for?

 

Thanks so much again would have thrown the towel in ages ago if it hadn't been for all the help and support.

[postggj]

Phone Axa And Just Ask What Details They Have On You

 

If They Confirm Details And I Mean If

 

Ask Them To Send You All Details Including The Underwriting Sheet

 

Leave This With Me Over The Week End And Ill Take The Greates Of Pleasure In Doing A Letter For You To Take To Court

 

The Cracks Are Starting To Show And You Have Them On The Back Foot

[pinky123]

Thanks for all the help, back at court tomorrow just wondering if you could give me help on to approach and word the fact that the Statement of Needs cannot be produced, and if they still have not produced everything on the I/A.

 

 

Thanks xxxxx

[IdaInFife]

have they supplied anything at all for your IA?

 

ida x

[pinky123]

They have so far supplied nothing, tomorrow this will be my third time at court.

 

Thanks

[IdaInFife]

it could go two ways

 

 

..if they turn up tomorrow wth docs then you need to ask for an extension to check the docs and prepare a suitable defence and to check everything they have supplied

 

if they don't turn up or turn up without docs you can ask for a dismissal for not complying with the IA but they might show up and ask for another extension.

 

Ida x

[IdaInFife]

this can be frustrating asking for extensions etc

 

have a read of rrfc's thread

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/180427-rrfcfan-court-wf-all-4.html

 

ida x

[pinky123]

Whats the chances of them getting yet another extension?

[IdaInFife]

likely i'm afraid . i think rrfc had three or four

[IdaInFife]

there seems to be a lot more flexability in the scottish system

[pinky123]

Thanks again, any suggestions regarding The Statement of Needs xxxxx

[IdaInFife]

i am not sure i can't find it in writing to sa they haveto keep the statements or eligability and was waiting on postgg posting it up

 

just posting this up as it explains things easy for folks like me

 

http://www.fsa.gov.uk/pubs/other/ppi_thematic_report.pdf

[pinky123]

Well just back from court (AGAIN), the judge was taking no nonsense she has given F/C 2 weeks to get all paperwork together for me to submit my full defence, the legal rep for F/C has said they can only supply the credit agreement and terms and conditions and that they cannot locate some of the paperwork and that some they are not obliged to supply, I did state that this being my 3rd visit that I had received nothing, the judge did not seem to be pleased about this and added that she was unwilling to keep giving F/C extension after extension, intrestingly though at the tail end the legal rep stated that the F/C may wish to come to an understanding.

 

 

ANY THOUGHTS ON THIS GREATLY APPRECIATED!!!!!!!!!!!

[Monty2007]

Well just back from court (AGAIN), the judge was taking no nonsense she has given F/C 2 weeks to get all paperwork together for me to submit my full defence, the legal rep for F/C has said they can only supply the credit agreement and terms and conditions and that they cannot locate some of the paperwork and that some they are not obliged to supply, I did state that this being my 3rd visit that I had received nothing, the judge did not seem to be pleased about this and added that she was unwilling to keep giving F/C extension after extension, intrestingly though at the tail end the legal rep stated that the F/C may wish to come to an understanding.

 

 

ANY THOUGHTS ON THIS GREATLY APPRECIATED!!!!!!!!!!!

 

Well done Pinky. They know that they are stuffed, any agreement should be on strict terms that they write off the alleged debt and remove the -ve markers and DN from your CRA files.

 

The bit about not needing the actual agreement is of course rubbish, not only do they need it but it also needs to be in the prescribed terms. They also need to refund your PPI.

 

You are in a strong, winning position so don't blink.

[postggj]

def a winning position

 

when creditors are more interested in commission than following corect procedure, i have no sympathy

 

statement of needs and needs and demands statements are starting to haunt them now

 

tough

 

wait for the surender letter now me thinks

[IdaInFife]

well done and what they two said above

 

ida x

[pinky123]

I STILL DON'T GET HOW THEY CAN SAY, WE CAN ONLY PRODUCE CCA AND TERMS AND CONDITIONS AND SAY THAT THE OTHER DOCS (SATEMENT OF NEEDS, DEFAULT NOTICE ETC CANNOT BE PRODUCED OR DO NOT NEED TO PRODUCE), WHAT HAPPENS IF THEY DON'T PRODUCE EVERYTHING LISTED ON THE I/A??????

 

 

Thanks again for all the supportxxxxxxxxxx

[postggj]

i would think the fc have wasted enough time and are clutching at straws

 

the judge will now throw this out and the fc now realise this

 

as usual the fc are talking crap

 

they can say no to you

 

not to a judge

 

you are in the final straight now

[Monty2007]

I STILL DON'T GET HOW THEY CAN SAY, WE CAN ONLY PRODUCE CCA AND TERMS AND CONDITIONS AND SAY THAT THE OTHER DOCS (SATEMENT OF NEEDS, DEFAULT NOTICE ETC CANNOT BE PRODUCED OR DO NOT NEED TO PRODUCE), WHAT HAPPENS IF THEY DON'T PRODUCE EVERYTHING LISTED ON THE I/A??????

 

 

Thanks again for all the supportxxxxxxxxxx

 

Dear Pinky

 

Remember where your case is in the legal process, there has been no leading of evidence, indeed they have not produced any evidence so at the moment you are well ahead. The Sheriff will not give them more opportunity but you must remember that there is a lot of flexibility in the system which seems unfair but it works both ways.

 

When, or should I say IF, evidence is led then you point to your IA and your request for documentation, that should be enough for the case to be struck out and the case awarded in your favour.

 

When does the case next call at court?

[pinky123]

I think the F/C have 2 weeks to supply me with what I require, then I have 2 weeks from then to submit a full defense and the case will be heard on the 5 Feb. xxxx