Urgent Help Needed Please - Bryan Carter Have issued a Judgement What Do i Do

[wilchy]

Right here is possibly my final written defence. If anyone wnats to add stuff then please feel free going to have to submit it around 2 ish just incase I need to go out on a job.

 

Egg - Claimant

 

and

xxxxxx - Defendant

 

 

1. I xxxxx am the Defendant in this action & I am a Litigant in Person.

 

2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The amount claimed by the Claimant is incorrect due to the fact there are unlawful charges on the account which amount to £72 plus Statutory interest of which are late fees and unpaid direct debit charges.

 

4. The Defendant currently has a PPI complaint with the Financial Ombudsmen Service which was sent on 20/11/2009 and is awaiting a decision.

 

5. The Defendant believes that the PPI on this account was mis-sold and that the Claimant did not follow the FSA guidelines of selling PPI.

 

6. The Defendant claims that Payment Protection Insurance (PPI) was sold with the credit card, and that the PPI was mis-sold for the reasons given below.

 

i) The Defendant claims repayment of the PPI premiums (£598.00) and interest (compound) at the contractual rate in force at the time of the relevant payments (£104.50).

 

ii) The Defendant further claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the dates the amounts became due to the date of this Defence (18.10.2010) of £412.69 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.09/day.48.

This is prohibited by reason of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) S2(3)(a).

 

iii) The Defendant avers that he did not actively opt for PPI when applying online for the credit card & that he was never presented with the information that would enable him to make a reasoned judgement on such before embarking on the credit card agreement.

 

iv) The Defendant was not informed at any time that he had the option to buy PPI elsewhere.

 

v) The Defendant is of the opinion that the Claimant deliberately constructed obstacles to prevent cancellation of the PPI when the Defendant became aware that it had been added to the account without his permission or knowledge.

 

vi) The Defendant had already obtained PPI from another insurer as shown on the statements thus not requiring Egg’s PPI.

 

vii) It was never explained that the PPI would attract interest.

 

7. In considering this, and all matters in this Defence, the Defendant asks the court to take into account the following Principles of Business which are legally binding on EGG, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:

 

Principle 1 Integrity - A firm must conduct its business with integrity.

 

Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.

 

Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.

 

Principle 5 Market conduct - A firm must observe proper standards of market conduct.

 

Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

 

8. Under section 75(1) of the Consumer Credit Act 1974, a creditor is jointly and severally liable for misrepresentations and breaches in contract of the supplier, and therefore the Defendant contends that the Claimant is liable.

 

9. In March 2009 the defendant sought advice from the Consumer Credit Counseling Service and was advised to pay what he could reasonably afford and to send out a ‘offer of token payment’ letter along with an Income and Expenditure list to all his creditors.

 

10. All the Defendants creditors with the exception of Egg accepted the offer of £1.00 per month until his financial situation changes.

 

11. If the court were to award judgment to the Claimant this would undoubtedly result in the Claimant having an unfair advantage over the other creditors who have accepted the offer of £1.00 per month.

12. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award.

 

13. The Defendant raised the above issues of mis-sold PPI with the Claimant on 13/10/2009 & the account was in dispute. Therefore the Claimant should never have commenced this claim & the Defendant that the claim should be struck out forthwith.

 

 

Statement of Truth

 

I, xxxx, believe the above statement to be true and factual

 

Signed:

[MandM]

Add in that the claim is currently the subject of further investigation by the FOS following your complaint to the FOS of **/**/2009.

 

 

Also, have you spoken to the FOS yet to let them know that the situation has escalated i.e. proceedings have now been initiated by the other side?

 

M

[wilchy]

Add in that the claim is currently the subject of further investigation by the FOS following your complaint to the FOS of **/**/2009.

 

 

Also, have you spoken to the FOS yet to let them know that the situation has escalated i.e. proceedings have now been initiated by the other side?

 

M

 

Is point no. 4 the same thing?

 

Havent spoken to them yet. Will have to dig out the file when I get home tonight and give them a ring tomorrow.

[MandM]

Is point no. 4 the same thing?

 

Havent spoken to them yet. Will have to dig out the file when I get home tonight and give them a ring tomorrow.

 

lol. Yes! I'm getting eye ache

 

M

[wilchy]

lol. Yes! I'm getting eye ache

 

M

 

Lol. Me too. Does anybody know how the MCOL site works with submitting a defence? I am disputing the whole claim? Is this right or do I select part of the amount?

[MandM]

There's a maximum size which I think is about 8500 characters inc spaces (don't quote me on that).

 

Give yourself a little bit of spare time in case you have difficulty uploading it. It doesn't like certain characters so you may have to make some slight tweaks (can't remember which ones).

 

M

[wilchy]

Do I need to set it out in any format i.e. Title it as Defence and put my claim number in etc or just leave it as per my Defence posted on here with Just Egg and me at the top?

[MandM]

Case number on everything always.

 

Layouts are simple. Numbered points as you've done.

 

Statement of truth on the bottom, names at the top.

 

M

[wilchy]

Another question: Can/Do I have to upload the PPI charges breakdown ManM did?

[MandM]

Not really. The figures are in your defence so that should be fine for now.

 

M

[wilchy]

Cheers M. Do we all think its ready for submision? Just cant think of anything else to add? Gonna Defend in full in 15mins.

[MandM]

You've done your best. As a LiP that's all you can do. Your main goal here was to not let BC win by default which you will have achieved by the end of today.

 

Give yourself a big pat on the back for that.

 

Now we'll see if BC wants to continue the fight. The next stage in 2 or 3 weeks most likely will be AQs. Will give you a bit more time to have a real dig around for Egg PPI issues.

 

M

[wilchy]

Well can you bloody believe it! The site keeps coming up with an error as soon as I click next after inputting my Defence!! Will try again in 5 mins

[MandM]

I think I recall MCOL having a phone helpline. Ring it if you have to.

[wilchy]

All sorted. I rang them but I think it was just luck that it happened to have gone through. So Defence has been submitted!

 

Can I also say a massive thanks to Foolishgirl as you have helped me through this big time, And Ford, gezwee, bazzar, CitizenB and Robinwayrobinme, and anyone else I have not mentioned for helping me right at the beginning. Also a massive thanks to MandM for giving me alot of support and help in the Defence at the last minute. This well and truly is how we can all help each other and have learned alot from all this so will hopefully be passing my little knowledge to others on here.

 

I know I havent won etc but I think we have all achieved a great Defence to do with my mis-selling of PPI and could this possibly be a first on here?

 

Anyway thanks everyone and will be back on in here with any news. And to help others of course. Fingers Crossed

[MandM]

I wish you luck wilchy. You'll be surprised at how much you'll learn in the next few months.

 

Keep posting. Keep reading.

 

M

[foolishgirl]

Don't get euphoric wichy, this is only the first step.

 

You MUST use the next couple of weeks to read up on the PPI issues & work out how you intend to challenge it. That AQ will be through your letter box quicker than you can blink & you need to know what docs to ask for as part of our directions.

[wilchy]

Don't get euphoric wichy, this is only the first step.

 

You MUST use the next couple of weeks to read up on the PPI issues & work out how you intend to challenge it. That AQ will be through your letter box quicker than you can blink & you need to know what docs to ask for as part of our directions.

 

I know its only the first step but getting the Defence put together felt like it was going to be impossible for me but I now feel like I can go ALL the way if need be so my spirits are high at the mo. Will deffo be looking into the PPI thread amongst other bits of info scattered around the BIG WWW.

 

Will keep everyone posted.

[caro]

Well done Wilchy. As fg says it is just the first step, but you have taken it yourself with a little help. This site is very empowering and it feels great when you achieve something that you never thought you could.

 

Now keep up the good work.

[citizenB]

Well done wilchy and all those who helped you draft the defence. As Caro and the others say, you now need to continue researching and gather together all the documents you may need to submit should it go further.

 

First hurdle out of the way though

[foolishgirl]

I found this little gem of a judgment in respect of PPI in my files - it may help:

http://www.consumeractiongroup.co.uk/forum/showthread.php?243487-MBNA-v-LYNNE-THORIUS-SOLICITORS-OPTIMA-LEGAL-SERVICES&p=2717217&viewfull=1#post2717217

 

Look at Unfair Relationship paras...

[wilchy]

Nice find FG. Thanks. Alot of good things in there.

[wilchy]

Update everyone. The aq has arrived. What does this actually mean now? Do I just fill it in as per the questions. And it is to go in the small claims track?

[wilchy]

Little Bummp. And another question. do I use the phone hearing thing or not? Any disadvantages etc?

[foolishgirl]

Most of the AQ is easy to complete but you may want to ask for directions for the Claimant to produce any information you need to compile your case. eg. if you basing your defence on the PPI issues, you may want statements, disclosure of commissions obtained etc.

 

If the claim is less than £5000, it's Small Claims, otherwise fast track.

You do not want to tick phone hearing.

 

More info on completing AQs here: http://www.consumeractiongroup.co.uk/forum/showthread.php?131499