PPI Courtclaim CITI PPI **WON**

[Shelley181146]

I made a claim for PPI and Citi replied twice saying they had investigated my claim twice and said there was no claim to answer to as the claim referred to PPI over 6 yrs ago.

 

I submitted my claim to court claiming interest in restitution and Citi solicitors requested an extension which I refused on the basis their client had already made 2 investigations so it was not necessary.

 

I was awarded Judgment by Default in September and allowed them 28 days to pay. When this wasn't forth-coming I issued Warrant of Execution for the Bailiffs to enter but they haven't been very helpful. I have had to make many phone calls and emails to the courts to get some movement on this and I am no further forward!

 

I have received an email now from Citi with a measly offer and if this isn't accepted they will immediately ask the court for the judgment to be set aside.

 

I have a few questions;

Firstly, why hasn't the bailiff made a better effort to obtain monies for this claim?

Secondly, what's the chances they will get this set aside when I can prove they haven't shown any respect to the court protocol when they had every chance and opportunity to file their defence ages ago and now just appear to be dragging out the process? Also, is it likely that if a hearing is allowed, it would be closer to the defendant or the claimant?

Thirdly, Can the bailiff still action the warrant or is that a waste of time and effort now?

 

I have won restitution interest on a different bank but Citi seem to think I have no chance.

 

Would appreciate assistance or guidance on what my options are here please.

 

Shelley

Edited November 5, 2011 by Shelley181146

[Shelley181146]

Having been reading the forums on Judgments being set aside I have located a brilliant letter which I am considering sending to my courts re the above.

 

Dear Sir/madam,

Re: Claim reference xxxxx – xx. xxxxx –v- Citi Financial (Europe)Plc

I write with reference to the above and to advise that the defendant intends to make an application to have my Judgment set aside. I am writing to strongly oppose the application from xxxxxx Solicitors and request consideration of the following;

I would like to draw the courts attention to the fact that they have failed to meet their obligations in hundreds of other similar cases and I believe that they are showing blatant disregard and disrespect towards the courts. They are further abusing the process and are also wasting the courts time.

As I am sure you are well aware of the courts rules for applying for a judgment to be set aside, that you must have a valid reason as stated in the courts website of which I have copied this extract;

When will the court agree to set aside a judgement?

The County Court rules set out when you can apply to set aside a judgment. For example:

§ You may not have received the original claim form.

§ You may have moved house and not had post from your previous address.

§ An order was made against you in your absence in certain circumstances.

§ There may be an error in the judgment.

§ You want to put in a defence and did not have the opportunity to do this.

§ The proceedings did not follow the court rules.

Default Judgments

You may have a Default Judgment made against you where there was no hearing and you have not sent back the "Acknowledgement of Service" form to say you intend to put in a defence. You may also have a Default Judgment made against you if you have NOT sent in the reply form asking for time to pay within the time limits.

You should not have a Default Judgment if you:

§ paid off the whole amount owed.

The court must set aside the Default Judgment if you either:

§ Sent back the Acknowledgement of Service form within the time limit,

OR

§ put in a defence within the time limit,

OR

§ sent in the reply form asking for time to pay within the time limit.

The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks:

§ you have real chance of a successful defence to the claim, To date they have always settled prior to court hearings.

OR

§ the court thinks you have a "good reason" to set aside the judgment e.g. where you did not get the papers through the post. This did not happen, they have also been sent a copy by myself via their solicitors and they are a well established legal company, I am a litigant in person, the fact that they behaved in an unprofessional manner and ignored the courts directions is not in all good conscience.

I also draw the courts attention to the following sections of the Courts own Civil Procedure Rules.

When judgment or order takes effect

40.7 – (1) A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.

(2) This rule applies to all judgments and orders except those to which rule 40.10 (judgment by state) applies.

And

Time for complying with a judgment or order

40.11 A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

© the court has stayed the proceedings or judgment.

Should I wait for the defendants to file their application or get this in first?

Can the defendant ask the court for a hearing near to them (London) or should it be heard in the court where the claim was filed by us? We are on limited budget and London would cause considerable stress as my husband is disabled.

Would anyone recommend any changes to the above before I submit it?

Many thanks

[Ganymede]

Bailiffs are a waste of space.

 

How much is the debt? You should have used High Court Enforcement Officers (HCEO) instead.

 

The claim should be heard at your local Court as you are an individual- the banks can afford to send someone to your Court!

[Shelley181146]

Bailiffs are a waste of space.

 

How much is the debt? You should have used High Court Enforcement Officers (HCEO) instead.

 

The claim should be heard at your local Court as you are an individual- the banks can afford to send someone to your Court!

 

Hi Ganymede,

Thank you for dropping in.

 

I wasn't aware they were any different but I do today. I have been to my courts with a letter which clearly identifies the defendants lack of professionalism and profoundly disagree's with any application that they may make for 'set aside' but time will tell.

 

I will be contacting the bailiff manager tomorrow to ask why they have not corresponded with me.

 

Would you enlighten me with the advantages of an HCEO please and how I would go about an application with one?

 

Just for reference, I am usually on late into the evenings and very rarely online in the daytime.

 

Shelley

[ploddertom]

If you have a debt that you have Judgment for more than £600 then you may transfer the debt to the High Court for Enforcement. A Google of High Court Enforcement Officers will give you quite a list of who to choose from. Here's one taken at random http://www.thesheriffsoffice.com/ you can see what type of thing they do. When choosing the HCEO just be aware that biggest is not always best! Type HCEO in the search box on here to get a flavour of how they crop up.

 

The HCEO can transfer the Judgment for you - all you pay are the Court costs £60 I believe. The Officer is more tenacious than the County Court Bailiff and will seize and remove items immediately. He gives no prior warning of his visit and I remember 1 case where the HCEO walked into a High Street bank and seized all their Computers etc, any business open to the public is easy for him to gain entry and believe your Debtor would be no different. If the HCEO is unable to gain entry or seize goods or get payment from your Debtor then there is usually an abortive fee of approx £80 to pay - but be assured he will have made several visits before this happens.

 

PT

[Shelley181146]

Am I able to use HCEO where the judgment relates to a c/c agreement? If one is exempt from fees would they still be exempt through HCEO?

[Shelley181146]

The Defendants solicitor is now threatening to have the judgment set aside and apply to the courts to have it processed through the 'Fast Track' facility to ensure they will get costs awarded 'if' they were to win the case.

 

The bailiff is saying they are having difficulty getting past the reception area of the building due to security so what difference would the HCEO be able to do?

 

If someone has experience of the Fast Track facility would you kindly share your experience?

 

We don't have the resources to pay their costs (not wishing to feel defeated yet) but can only just about keep head above water as it is.

 

Are they likely to get their request granted or will the court see through the Defendants bullying tactics?

 

Please help.

[Ganymede]

Its the first time on here that I've heard of Defendants bullying the Claimant lol.

 

They are claiming your claim is statute barred and so will probably be able to get the default judgment set aside and defend the claim on that basis.

 

What date was the loan/PPI taken out?

[Shelley181146]

It was back in 2001/2 but is it statute barred because I have been paying nominal amounts to their agents and got the evidence to prove it?

[Ganymede]

When was the card cancelled and your last payment made?

[Shelley181146]

When was the card cancelled and your last payment made?

 

Cancelled 2004 last pyt made via DCA 2010

[AndyOrch]

Hi Shell apologies for not getting back to you sooner as you may be aware I have only recently returned from holiday.

Ok for the defendant to set a side would need good and just reason you would simply object so the above is bluster and dummy throwing.If they make application to S a S inform me immediately.You have judgment and are trying to enforce it they are frustrating the process.

 

Andy

 

For Information EX321 - I have a judgment but the defendant hasn't paid ...

Edited November 12, 2011 by Andyorch

[Shelley181146]

Hello Andy,

I didn't realise you were on holiday - hope you have had a really nice time and that you are more relaxed on your return?

 

Thank you for the EX321 stuff - I have been through the courts guides quite a bit lately because the bailiffs don't seem to be corresponding with me and I have been chasing the courts to try to find out - apparently defendants building has high security measures because of where it is so I don't know if sheriff's officer's would do any better?

 

Defendant not only threatening set aside but also 'fast track' as they are 'confident' they will win, so as to ensure they can claim their costs.

 

I have delivered a letter to the courts wholly opposing the set aside request but I wasn't aware of the fast track tactic then.

 

I am just researching the fast track now

 

Frustrated but determined, Shelley

[AndyOrch]

They cant apply to the courts to have it FT the DJ decides which track, and they have to get the set a side first.

On what grounds could they possibly apply to set a side on " we couldn't be bothered to defend it sir" reason????

[Shelley181146]

Lets hope I get a good DJ then who reads that the Defendant hasn't complied with the court process until such time as the bailiffs have been involved, and then decide to sit up and take note, then decide they want to defend.

 

I appreciate your offer and will keep you posted.

 

Huge thanks

[Shelley181146]

They cant apply to the courts to have it FT the DJ decides which track, and they have to get the set a side first.

On what grounds could they possibly apply to set a side on " we couldn't be bothered to defend it sir" reason????

 

They have finally taken notice of the rate of interest I have charged them and say that NO COURT IN THE LAND WILL AGREE to that rate of interest, max court will grant in 6%, when in fact stautory is 8% and they go on to advise me that the England base rate is 0.5. Ha! as if I am interested in their stats.

[the_shadow]

They have finally taken notice of the rate of interest I have charged them and say that NO COURT IN THE LAND WILL AGREE to that rate of interest, max court will grant in 6%, when in fact stautory is 8% and they go on to advise me that the England base rate is 0.5. Ha! as if I am interested in their stats.

 

They had their chance to challenge the interest rate by defending the claim, they didnt and so they become liable to pay everything.. If they want to set aside then I'm sure a judge would want a good reason, not looking at the claim form properly isnt one!

 

I would suggest they either pay in full or come up with a reasonable offer just blustering and claiming the sky will fall down if you dont back down wont impress anyone especially the judge if they do try something.

 

S.

[Ganymede]

Did you research claiming back PPI payments before issuing?

 

I'm not an expert in that area but was under the impression the 6 limitation period ran from the date the PPI was sold or the account cancelled? I think there are a few exceptions to that though.

[Shelley181146]

They had their chance to challenge the interest rate by defending the claim, they didnt and so they become liable to pay everything.. If they want to set aside then I'm sure a judge would want a good reason, not looking at the claim form properly isnt one!

 

I would suggest they either pay in full or come up with a reasonable offer just blustering and claiming the sky will fall down if you dont back down wont impress anyone especially the judge if they do try something.

 

S.

 

Good evening Shadow,

 

They have had more than one chance to consider this claim.

 

I originally wrote to them in May asking for PPI premiums to be re-imbursed due to employment and medical exclusions (the application form advised them that the applicant was 'retired') so they should not have applied them in the first place. However, the applicant (my OH) worked part time for me for a short while before his condition worsened and when we tried to claim they ignored us and put the debt into the hands of DCA's. (Hindsight is a wonderful thing - pity I didn't persue it back then but my husbands condition was and remains my priority).

 

Their reply was that "it's not company policy to efund premiums that were applied more than 6 years prior to this date and the complaint is now closed" referring us to the FOS 6 months blah, blah.

However, I followed this up with LBA quoting Kleinwort Benson etc giving them 14 days to respond - they replied with " having reviewed your earlier letter our position remains unchanged".

 

I sincerely hope I get a DJ who like to read cases thoroughly and I get the opportunity to explain this.

[Shelley181146]

Did you research claiming back PPI payments before issuing?

 

I'm not an expert in that area but was under the impression the 6 limitation period ran from the date the PPI was sold or the account cancelled? I think there are a few exceptions to that though.

 

Account cancelled? is this when sold to DCA or credit facility withdrawn? Do you have any knowledge of what the xclusions might be?

[Shelley181146]

Just found this link which says the bank cannot put a time limit on PPI claims

 

http://www.thisismoney.co.uk/money/experts/article-1615850/How-far-back-can-I-claim-PPI-refund.html

[DonkeyB]

They have no defence, in all probability. Any time limit, if applicable at all, would begin from the point where you realised you had been missold the PPI - not from when it was last applied to the account. So they are full of bluster. Unless the claim is for over £5k they will struggle to get anything allocated to fast track. Set asides have no track, AFAIK. Moreover, it's the judge who decides the track, not them, so they are misrepresenting the true legal situation.

[Shelley181146]

I have had no joy with the c.c bailiffs today but I have rec'd an email from CFE today increasing their offer. We're not wuite at the level I'd like but will sleep on it this evening and see how I wake up tomorrow.

 

If I go down the HCLEO route I will have to move fast this week due to personal circumstances.

 

I have advised the defendant that I have made the court aware of their misrepresentation of the legal system which I think has increased their offer but I don't want to push my luck, but on the other hand I don't want them to think I have caved in.

 

I expect I will have a problem with them yet on the settlement payment because the DCA involved have put the debt into the hands of another DCA so the quest goes on.

[Shelley181146]

Well, what a difference 24hours makes.

 

I received a call from the bailiff manager and I informed them of my decision to involve the HCEO if no response to my offer was rec'd by Wed lunchtime. I had emailed the defendants solicitors telling them the same and by some miracle today, they have caved in and accepted my offer to settle this matter and I now await funds being paid.

 

For all their threats of FT and s a s, they have settled at what I asked for and duly deserved. They had had plenty of time to defend this months ago but chose not to.

 

So that's another 'Interest in Restitution' claim at 29.9% WON but I won't be celebrating until I have the cleared funds in my acct.

 

I don't acredit this win to the bailiffs. This is purely down to the support and guidance of Caggers and a further donation will be whisking its way across very soon.

 

Huge thanks to my family of Caggers - you know who you are - stay strong folks.

[AndyOrch]

Excellent news Shelley they caved eventually.

 

Well done!!!!

 

Regards

 

Andy