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

[pinky123]

Need help with my next step guys, finally got a letter from The F/C lawyers re my I/A, all they have supplied is Copy of CA and the insurers policy terms and conditions, with regards to the rest of the I/A this is what they have said:

 

PART 2 OUR CLIENTS ARE NOT IN A POSITION TO PROVIDE YOU WITH AN UNDERWRTING SHEET AS NO SUCH SHEET WAS USED AT THE TIME

 

PART 1, 3 &4 NAMELY YOUR CALLS FOR THE CLIENTS TO PROVIDE INFORMATION ON WHO UNDERWRITES THE PPI POLICY, COPY OF DEMENDS AND NEEDS STATEMENTS AND A COPY OF THE STATEMENT OF PRICE , OUR CLIENTS ADVISE THAT THEY ARE NOT OBLIGED TO PROVIDE THIS TO YOU AT THE TIME YOU ENTERED INTO THE POLICY

 

PART 6, 7 & 8 THIS INFORMATION I BUSINESS SENSITIVE AND AS SUCH THEY ARE NOT WILLING OR OBLIGED TO PROVIDE THIS.

 

WE NOTE YOU HAVE BEEN ORDERED BY THE COURT TO LODGE DEFENCE NO LATER THAN 20TH OCTOBER (don't think this date is correct) AND WE LOOK FORWARD TO RECEIVING THESE FROM YOU.

 

 

Any suggestions to my next step, surely they can't get away with not suppling all this paperwork.

[postggj]

Part 2

 

Rollocks

 

It Will Show Any Commission Payments , Thats Why They Dont Want To Show It

 

Part1

3

And 4

I Have An Asnswer To That

 

What Is 6,7, And 8

 

The Business Sensative Bit

[pinky123]

PART 6 HOW MUCH WAS PAID TO THE UNDERWRITING COMPANY

 

PART 7 CONFRIM HOW MUCH INSURANCE PREMIUM TAX WAS PAID ON A SINGLE POLICY

 

PART 8 CONFRIM HOW MUCH COMMSSION PAYMENTS THE FC RECEIVED IN REGARDS TO ANY POLICY.

 

 

Thanks again xxxxx

[postggj]

Rollocks

 

A Request Needs To Go To The Court Now For An Enforcement Order For The Release Of These Docs

 

Ime Talking Now

 

Wilson V Hurstanger

[pinky123]

How Do I Do This, I Can't Beleive That They Haven't Even Supplied A Default Notice, Even Though They Have Trashed My Credit File.

[postggj]

Ill Get Every Thing Together And Put It To Paper

 

Ideinfife Will Then Take Over As This Is A Scotish Claim

 

You Have There Back Against The Wall

 

Allmost Over

 

Clutching At Straws Comes To Mind With The Fc

[pinky123]

Thanks Again You Have Been Absoloute Stars Xxxxxxxxxxx

[pinky123]

Hi Guys, Just wondering what I should do now, got about 2 weeks to submit my full defence but obviously worried as they have only supplied 2 pieces of paperwork.

 

Thanks xxxxxxxxxxxx

[Monty2007]

Hi Guys, Just wondering what I should do now, got about 2 weeks to submit my full defence but obviously worried as they have only supplied 2 pieces of paperwork.

 

Thanks xxxxxxxxxxxx

 

Hi pinky

 

what have they supplied?

[postggj]

hi pinky

 

seems they are still dragging this out

 

me thinks they will with draw at the last minute rather than explain this to a judge

 

ill put some pointers and monty has this in hand as its a scotish claim

[pinky123]

Hi Monty,

 

All they have supplied from the I/A is CCA and the insurers terms and conditions.

 

 

Thanks xxxxxxx

[Monty2007]

Hi Monty,

 

All they have supplied from the I/A is CCA and the insurers terms and conditions.

 

 

Thanks xxxxxxx

 

Thanks Pinky

 

we now need to think about the defence. If Postggj can get the case law etc, I can put it into a Scottish defence and we can get this in with the statement that they have not provided all the information needed and to regard it as a holding defence.

[postggj]

Ill Have The Case Law Later On Tonight

[postggj]

PINKY

 

THIS WILL EXPLAIN THINGS THAT THE FC ARE TALKING ROLLOCKS THAT THEY DONT NEED TO SUPPLY THE DOCS

 

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

 

I DONT THINK THE COURT ARE GOING TO BE TO IMPRESSED

 

ALSO THE FC SAYING THERE IS NO UNDERWRITING SHEET IS ROLLOCKS

 

THE INSURANCE CO WOULD HAVE PAID THE FC COMMISSION FOR SETTING UP THE POLICY

 

ASK THE JUDGE FOR AN ENFORCEMENT ORDER FOR THE FC TO PRODUCE IT

 

BUSINESS SENSATIVITY MY A==E

 

WILSON V HURSTANGER

 

THE PPI WAS CRAP AS YOU WERE SELF EMPLOYED (STATEMENT OF MEANS AGAIN)

 

AND TO TOP IT OFF

 

NO DEFAULT NOTICE

 

GIVE A SHOUT MONTY ON THE PPI BIT IF YOU NEED HELP THOUGH THE LINK IS VERY GOOD

[pinky123]

Thanks again guys, so what do I do now put in my defence or ask the judge to enforce the paperwork I require.

 

Thanks xxxx

[postggj]

hi pinky

 

monty will be along soon to do the defence

 

told you they were talking crap about not at liberty to produce those docs

 

go get em

[Monty2007]

Hi Pinky

 

The attached is a modification of the holding defence. You will need to point out at the next hearing that the Pursuer has not complied with your Incidental Application.

 

If you know how much PPI you have paid then this needs to go into your counter-claim. You need to read around the cases on PPI mis-selling and ensure you understand the arguments. You will also need to get hold of the cases mentioned and supply these to the court as an Inventory of Productions.

 

Can you clarify what was said at the last hearing?

 

What is happening with the claim against your other half?

 

Regards

 

Monty

Pinkydefence 191009.doc

[pinky123]

The last time at court the judge told the F/C lawyer they had 2 weeks to supply what I was looking for as this could carry on forever, also that I had 2 weeks after the F/C 2 weeks to submit my defence and then it would be heard on 5th Feb 10, they are treating the case as one with me and my OH.

 

Thanks again xxxxxxxxxxx

[postggj]

Pinky

 

Its Important You Suply The Info In That Link

 

The Judge Will Want To See It In Black And White The The F C Have To Suply Those Docs

[pinky123]

Sorry Monty, Im getting confused what info do I need to supply?

 

 

xxxxxxxxxxxxx

[Monty2007]

Dear Pinky

 

You will need to get whatever cases are relevant and use these if it goes to a full hearing. I am not familiar with PPI so would not want to mis-lead you in any way.

 

I have experience of the Scottish Civil Process and the CCA with respect to credit cards. You need to quantify your claim for PPI, how much you have paid over the period of the agreement and include this in your defence & counter claim.

[pinky123]

Thanks Monty, After months of trying I managed to cancel the PPI last year which reduced my payments by 38p, the upfront cost was £1860 and I paid 4 years worth of premiums with one year left.

[Monty2007]

Thanks Monty, After months of trying I managed to cancel the PPI last year which reduced my payments by 38p, the upfront cost was £1860 and I paid 4 years worth of premiums with one year left.

 

Ok, you need to put this in your counter-claim for the mis-sold PPI.

 

If Postggj could advise on the legal aspects of the defence then we are done.

 

Monty

[postggj]

ime on it

[pinky123]

Thanks Guys xxxxxxxxxx