Barclaycard PPI but account been in dispute for 4.5 years

[wilko999]

Hi Steampowered,

 

Attached - when i did these I was trying to keep things concise and to the point and obviously included all the documents such as the calculation sheet, how the averages were calculated etc and all copies of correspndance as per the post a few up with all the docs attached. Slightly worried now as I've not used any legal quotes or legal points within these and perhaps should have done at the time! really appreciate your assistance with this!!

[steampowered]

I attach a reworked witness statement. Please read carefully and make sure you agree. It is worded on the basis that PPI was added without your consent (which would put you in a much better position than merely alleging it was missold, I am assuming they have not provided any documents showing you consented to the PPI).

 

I am slightly concerned about the Limitation point. Have tried to deal with it in the witness statement to the maximum extent possible, and surprisingly there is limited law on this exact point, but please read and digest http://www.sghmartineau.com/publication_event/updates/DRG-Bulletin-The-Limits-of-the-Limitation-Act-December-2012.pdf. Not a binding or fully argued case but worth considering.

 

I am sure you know this already, but as you are claiming more than 10k this is not small claims track. This is significant because it means you will be ordered to pay Lloyds' legal costs if you lose. I do not want to discourage you (and any costs would probably be covered by the PPI payment even if you only get the 6k), it is probably a risk worth taking, but something to be aware of.

Edited May 6, 2013 by steampowered

[wilko999]

Thank you so much - can't see anything attached on your post though.

[steampowered]

[ATTACH]43642[/ATTACH]

 

[ATTACH]43642[/ATTACH]

 

Sorry, had technical troubles with the attachment. Hopefully it is on this post.

Edited May 7, 2013 by steampowered

[wilko999]

[ATTACH]43642[/ATTACH]

 

Sorry, had technical troubles with the attachment. Hopefully it is on this post.

 

Sorry, nope still not coming up.

[steampowered]

Link seems to be there now and in your quote - or try this link: http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=43642

[dx100uk]

go advanced/manage attachments

 

dx

[wilko999]

got it! thank you!

[wilko999]

Steampowered- you've done a lot of work on this! thank you so much, i seriously appreciate this! please PM your address details so I can send something to thank you (If Ok with you!). I will absolutely be donating should I be successful too!

[steampowered]

No worries - there is a wider significance here because this could be a very helpful precedent for other PPI claimants if you manage to get a positive judgment. Many people have been too scared to take PPI claims to court after the decision in Harrison v Black Horse, even though that case was decided on the very narrow issue of secret commissions paid by the insurer to the bank. Fingers crossed for you.

[wilko999]

No worries - there is a wider significance here because this could be a very helpful precedent for other PPI claimants if you manage to get a positive judgment. Many people have been too scared to take PPI claims to court after the decision in Harrison v Black Horse, even though that case was decided on the very narrow issue of secret commissions paid by the insurer to the bank. Fingers crossed for you.

 

Thank you again, just feel bad as you've practically re written that and I appreciate how much that would have taken you to do!

[wilko999]

One last question - everything ready to go off now, should I include a covering letter to the court? and I assume I need to send copies of everything I am sending to the court inc witness statement to BC solicitors as well?

[steampowered]

I don't think a covering letter is necessary, as long as the case number is immediately obvious from the face of the document. A copy needs to go to BC solicitors.

[wilko999]

Thanks, will get everything off recorded delivery this afternoon.

[wilko999]

Update on things, with the court date now only 10 days away I've received the attached replay from BC solicitors.

 

completely disagree with most of it as normal.

 

Main issue from my point -

 

BC admitted they mis sold- their offer wasn't accepted by myself because they provided no calculations to how it was arrived at and it goes against the FOS redress.

My claim is exactly that, I don't know how I could make it more simple to these muppetts!

 

I've claimed for x - they've offered y with no explanation, I've asked for an explanation, they've failed, I've taken to court.

 

There is no mention at all in the offer letter it's a gesture of goodwill, clearly states they admit it was mis sold and they want to put me back in the position I would have been in without ever having it. That's all I'm asking for!

If they wanted to rely on any statute time barring - why did they not do this originally then! the fact they admit the mistake surely must mean that counts as an acknowledgement!??

 

I could really do with some help as to a reply - sounds like they're not particularly up for the court hearing - I don't think they're winning that anyway and I'm happy for it go the whole way now as I can counter everything said with valid and legal responses.

 

any help and advice gratefully received!!

[wilko999]

my draft reply attached - any guidance here? I presume this reply can't be included at the hearing? If so, I'll make it a little less sarcastic in certain areas!

[steampowered]

I don't think you need to provide a substantive reply to this. Court proceedings are conducted through formal documents: the Particulars of Claim, Defence, witness statements and evidence shown to the judge in the trial bundle. You do not litigate cases by writing letters; letter tennis is pointless. As the letter includes a settlement offer I suspect it is covered by without prejudice privilege and will not be shown to the judge at all (except on the issue of costs after the case has been decided).

 

In any event, the letter is just repeating points which have already been made. As I recall your position on these is set out in the witness statement. They are right to say that many of the points made in your WS should have really been in the Particulars of Claim, but as the POC is clear and as you are a litigant in person I doubt the judge will care.

 

I suggest something like the following:

 

"I do not propose to litigate this claim by correspondence. Nor do I intend to cause your client unnecessary legal costs by repeating arguments which have already been made. You have my witness statement and I look forward to vigorously contesting your allegations at the hearing of your strike-out application.

 

Your settlement offer is noted but not accepted. As has been explained on countless occasions, I would very much like to settle this dispute. All I am asking is to be refunded the payments I have made towards mis-sold payment protection insurance, as has already been acknowledged by your client.

 

This dispute can be settled without further costs if your client would simply make a proper calculation as to the correct level of repayment. I have requested details of the calculation countless times, long before starting litigation. This should not be difficult and would no doubt be far cheaper for your client than incurring further legal costs. You are asking me to consider a settlement offer made without any calculations or any explanations how this has been arrived at.

 

By failing to provide any calculations whatsoever your client has failed to make any serious attempt to solve this dispute. Without any details of how the figure has been arrived at, which I have requested countless times, from my perspective your client may as well have typed random numbers into a calculator.

 

Notwithstanding the above, and given your client's unreasonable failure to provide any explanation or calculations whatsoever, I am prepared to make the following settlement offer: [insert]

 

I confirm that I will be seeking costs as a Litigant in Person and will draw this letter to the court's attention on the issue of costs".

 

As you know - if you lose at the hearing you will be ordered to pay the other side's legal costs, since this is fast track. Bear that in mind. The point of this letter is not to argue about the case, but to position yourself if the worst comes to the worst - if your claim is struck-out you can say you should not have to pay costs because you tried to settle the dispute but they failed to engage.

Edited June 7, 2013 by steampowered

[wilko999]

Thank you so much again!

 

Really do appreciate all your help with this one.

 

Thanks.

 

Next update I guess after June 17th! Wish me luck!

[steampowered]

No worries, hope it goes well for you

 

If their application is rejected, remember to ask the judge to award you costs as a Litigant in Person at 18quid an hour. Come to the hearing armed with a Schedule of Costs listing the number of hours you spent working on responding to the strike-out application (mostly time preparing your witness statement) and any out-of-pocket expenses. I think there is a sticky providing further detail about this.

[anney63]

Good Luck hope all goes well I await the outcome with interest

[wilko999]

Update time and that was a waste of a day!

 

Arrived at court and was told the judge had had to rush off for some sort of personal emergency. Can't be helped I guess but no one else to sit on the case available so back in the system for another date - could be up to 2 months before it's heard now. Not ideal - supposed to be off to the states for 5 months on contract early September so if it goes past this stage and then a hearing looking like I'll have to make a special trip back just for this one.

[anney63]

Any news on date . I watch you're thread with great interest !!

[wilko999]

Hi,

 

Yes meant to update last week but had a date through (nice short notice) last Wednesday for tomorrow PM so off tomorrow PM again and will update tomorrow night on the outcome. Hopefully no judge emergencies this time around!

[anney63]

Hope all goes well there will be a lot of people rooting for you !!!!

[wilko999]

Right,

 

Update time then.

 

BC solicitors went along the lines of their witness statements and previous communications that I don't have a legal case and that it's merely a complaint.

 

I defended actions based mainly on the fact BC have failed to provide any detailed calculations to date.

 

The judge completely agreed with this and the net result is that he's adjourned for 28 days and given BC until august 2nd to provide detailed calculations

and an adjournment date for the 6th August.

 

He warned me in summing up I was on very shaky legal grounds with the possibility of having to meet some large costs - they are almost up to £6k now.

 

I plan to defend all costs up until and including today if it carries on to August and the new date by stating that had they provided the calculations

without being directed to by a court then there's every chance I would never had to bring the claim.

 

I did feel out of my depth legally and really didn't know how to counter the arguments in a legal manner.

 

Just merely focused more on the fact BC had upheld the complaint and the calculations side as I could see at the time this side was a key fact.

 

I seriously think if it goes forward to another court date I'm going to need a solicitor in there with me who can argue the legal points which I just can't do.

 

Seeing as where my costs are potentially at already it's not going to make the world of difference by doing it

and I think I'll have a higher chance of success at least getting their costs up to and including today thrown out.

 

We'll we see what their calculations support, however I just see a long drawn out argument about to take place!