Is there a danger to claiming PPI when you have had a court case

[1stlifeline]

Other half has a loan and credit card with Nationwide. In both instances he has gone through the process of sending for the CCAs and both went to court. In the fist case the other side pulled out at the last minute and in the 2nd case they did not produce the required documentation and so it was chucked out.

 

Now we are going down the route of reclaiming PPI on one of his other accounts. As the 2 that went to court are the 2 biggest we would like to be able to claim the PPI on these as well but are worried that it may just start the ball rolling again with the court case.

 

Could there be repercussions if we start a claim and if so is it better to leave well alone?

[1stlifeline]

Well, thats just sods law!!!! Posted that yesterday and today got a letter saying they are going to start again with the 2nd case.

 

However, would still like opinions on the starting a ppi claim in both the cases.

Should we or shouldnt we?

[alanalana]

Hello 1stlifeline,

 

The advice I have given to many on CAG is if you go via the Court route and win that is fine if you lose then it is highly unlikely the FOS will consider your case. I believe their questionnaire covers this issue of previous action.

 

our complaints procedure and how to complain

 

this link may help you decide on what action to take next.

 

aa

[pompeyfaith]

But if it goes to court you may as well counter claim for the PPI as you will have nothing to lose and it would reduce the debt owed.

 

You would not get the PPI as cash back as the judge would order it to reduce the debt.

 

PF

[pompeyfaith]

If it has not yet gone to court if you are quick you can put the brakes on that by making a complaint to the FOS.

 

As no court action can be taken while your complaint is being investigated by them.

 

That would give you 12/18 months breathing space and a good court defence can be put together in that time incase the FOS do not uphold your complaint.

 

PF