Yes Car Credit PPI REclaim *** Resolved***

[AndyOrch]

You need to request a copy of the application...its fairly obvious it will be for strike out but you need to see their WS and reasons on the N244. Once you have that you can then prepare a WS in objection in preparation for the hearing.

 

Oh and another thing the defendant is not an individual therefore it must be transferred to your local county court.

 

Regards

 

Andy

[ukdarrenfan]

Well it says on the form that it's been transferred to our local court for the application to be listed for hearing (on notice) and served. What does 'on notice' mean? If it's then served to us, we'll have a copy?

Edited November 6, 2013 by ims21

[AndyOrch]

On notice means you will be informed of the hearing date....now the application should be served on notice also so make sure you chase that up inc WS because you must submit it 7 days pre hearing on the Court /Claimant.

I wasn't aware Kingston upon Thames County Court was your local CC however the defendant is not an individual so the court has made error.

 

Andy

[ukdarrenfan]

On notice means you will be informed of the hearing date....now the application should be served on notice also so make sure you chase that up inc WS because you must submit it 7 days pre hearing on the Court /Claimant.

I wasn't aware Kingston upon Thames County Court was your local CC however the defendant is not an individual so the court has made error.

 

Andy

 

Hi Andy

 

They haven't made an error, they aren't saying that the defendant is an individual, only that if they were an individual that it would be transferred to their local court, but in all other cases it would be the preferred court - which is our local court.

 

This thread is very similar to what is happening with me right now

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381961-PPI-Claim-trying-to-strike-out!!!!!

[THEH1TMAN]

I have also initiated a PPI claim against Direct Auto Finance from 2000.

I would be interested in learning some more about your dealings with them and especially where they are now.

Could you contact me please?

 

Regards

 

Alan

[ukdarrenfan]

I have also initiated a PPI claim against Direct Auto Finance from 2000.

I would be interested in learning some more about your dealings with them and especially where they are now.

Could you contact me please?

 

Regards

 

Alan

 

Hi Alan

If you take a look through my thread it shows exactly what I've done at each stage. At the moment I am involved in court action with them. They are defending the case and have applied to the court to have it struck out due to being time barred. They are also looking to have my evidence struck out (newspaper articles) due to it being hearsay. We are waiting for a hearing date at the moment.

[AndyOrch]

I have also initiated a PPI claim against Direct Auto Finance from 2000.

I would be interested in learning some more about your dealings with them and especially where they are now.

Could you contact me please?

 

Regards

 

Alan

 

Everything is here within the thread Alan there is no need for personal contact.Please start your thread then UKdarren can compare with yours.

 

Regards

 

Andy

[THEH1TMAN]

When I contacted Provident / DAF Head Office in Bradford I was told to write to:

Direct Auto Financial Services

2nd Floor

Afon Building

Worthing Road

Horsham

RH12 1TL

[ukdarrenfan]

I've never seen that address before. I wrote to the address in Bradford for everything.

[theoldrouge]

darren,

just read this thread for the first time and noticed something that may or maynot help you as I am no legal expert.

 

 

As you say in your claim your agreement was indeed a multiple agreement under s18 cca 1974

and as such must have TWO statutory headings in bold, distinguishing type.

 

 

A Conditional Sale Ag regulated by the cca1974,

AND

A Credit Agreement regulated by the cca1974,

 

 

in fact you only signed a conditional sale ag,

their agreement does not meet the prescribed terms under schedule 1 of the 1983 regs.

 

 

Now when you consider this against their defence in points 17,18 &19 of their reply.?

 

 

You never even signed a credit agreement for the insurances.

 

 

Anyway hope this may help.

[ukdarrenfan]

I still haven't heard anything since I last posted. How long does it normally take to get a hearing date?

[ukdarrenfan]

Received the hearing date today. What do I need to do to prepare for it? What should I take with me? They are trying to get it struck out for being time barred.

[caro]

When is the hearing?

[ukdarrenfan]

6th January.

[caro]

What exactly does the court notification say?

[ukdarrenfan]

I'll check when I get home. I know that the hearing is scheduled to take no longer than 45 minutes and there is a few pages of stuff from Ascent Legal to say that they are applying to have the case struck out due to it being time barred. On the paperwork that we sent to the court in the first place I did mention Section 32 of the Limitations Act, but they appear to have ignored that.

[AndyOrch]

Most probably application for Summary Judgment ...check your paperwork...is there a copy of the N244 application notice and maybe a Witness Statement?

Assuming it is you need to submit your own WS in objection pre 7 days before the hearing and as to why your claim has merit to proceed to trial.

 

 

Look up CPR 24

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

 

Regards

 

 

Andy

[ukdarrenfan]

Most probably application for Summary Judgment ...check your paperwork...is there a copy of the N244 application notice and maybe a Witness Statement?

Assuming it is you need to submit your own WS in objection pre 7 days before the hearing and as to why your claim has merit to proceed to trial.

 

 

Look up CPR 24

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

 

Regards

 

 

Andy

 

Yes there is an N244 form and probably a witness statement too. What do we need to do now? What should we write on our witness statement? I'm starting to panic now...it doesn't give us long to do all of this being as we have the Christmas holidays in the middle of it all. Do we have to file all the evidence that we will rely on should it go to trial?

Edited December 17, 2013 by ukdarrenfan

[AndyOrch]

Its quite simple and not a major task...you simply go through their WS by point and refute or agree with their points and add your own.

You are simply fighting their application ...this runs separate to the trial but should they succeed then obviously that's it game over.

 

 

Scan in or type out verbatim their WS and the reasons stated on the N244 for their application as a starting point.

 

 

Regards

 

 

Andy

[ukdarrenfan]

Its quite simple and not a major task...you simply go through their WS by point and refute or agree with their points and add your own.

You are simply fighting their application ...this runs separate to the trial but should they succeed then obviously that's it game over.

 

 

Scan in or type out verbatim their WS and the reasons stated on the N244 for their application as a starting point.

 

 

Regards

 

 

Andy

Thanks Andy. So I don't have to provide all the evidence that I would be relying on later if it goes to trial? I take it I would have to provide certain evidence to prove my point though if I am refuting what they are saying? So basically I am just relying on Section 32 of the Limitations Act because they are only stating it is because it's time barred-nothing else.

[AndyOrch]

Correct...you will have to provide evidence as exhibits in your WS to substantiate your claim as to why its not time barred.

[ukdarrenfan]

Correct...you will have to provide evidence as exhibits in your WS to substantiate your claim as to why its not time barred.

 

Oh thank goodness for that - the rest is reams of paper and I wasn't looking forward to having to print all that out and sort it yet!

[ukdarrenfan]

Well finally got round to sorting the witness statement this morning and got it all sent off this afternoon. What a load of rubbish they spout! They took advice apparently from Steve Plowman, a consultant for the Claimant (really!) who I've just proved didn't even work for DAFS when we purchased the car. Their only defence (apart from telling us basically to 'prove it' ) is that the claim is statute barred. That's it. I mentioned the Limitations Act again, it was already on the Particulars of Claim, but I stated that the Defendant must have chosen to ignore it.

 

So that's it. We wait until the hearing now and hope for a judge who can see through their rubbish and lies.

[ukdarrenfan]

Also received a Statement of Cost from DAFS solicitors today. Over £1600, what a joke!

[ukdarrenfan]

Well would you believe that the links I put up from saynotoyes show that the site no longer exists! Strange. If I was a cynical person I would think that certain people might be watching this thread..... Never mind, I copied all the things that I thought I might need....