PPI Claim trying to strike out!!!!!

[james4rd]

Hope someone can help,

i have searched previous forums regarding Direct Auto Finance.

Lots of really useful information, but just after a little bit of advice.

I have received defendant’s defence from Irwin Mitchell, stating what iguess is normal response, that i cannot prove what the agent said and boxeswere ticked re PPi, gap and breakdown cover etc.

I explained i was told i couldn't have the car without the insurances.

The insurances with Interest were more than the cars value!!!!

I have not received anything from the court yet but i have been informed thedefence is in the post, i was hoping some advice on what the next step is.

many thanks in advance.

[dx100uk]

so you are taking ??? to court to reclaim PPI/GAP/CRAP?

 

dx

[james4rd]

Yep will do, if I have to. Especially after reading about the amount the insurance cost DAF, and the fact the salesman got commission on top of that!!

 

So frustrating as they know the salesman would say anything to make you sign so they got the sale and almost all the documentation was completed for you!!

[Conniff]

You're not making yourself very clear James.

 

 

 

Are you taking them to court or not. Your first post says defendant but your second say 'Yep will do if I have to' ??

 

Have court papers been issued ?

[james4rd]

Sorry to clarify.

Loan taken for Car with Yes Car Credit (DAF) in 2005

First attempt to claim PPI from DAF refused in 2009

Decided in march this year wasn't going to accept the decision and went tothe FOS they couldn't help.

Used MCOL to file a claim against them and they (Irwin Mitchell) havefinally lodged a defence to the claim.

Irwin Mitchell sent me a copy of the defence but haven’t yet receivedanything from the courts.

I guess the next stage is to see what the court sends me, but i presume thenext stage is Court which is a bit daunting!!

[james4rd]

Can anyone reassure me please!!

 

I have a Date for Court and an application notice with a witness statement arrive today.

 

I am claiming against PPI against DAF, it was my first loan and car and was informed that i couldn't have the car unless i took the insurances which amounted to 85% of the car value!!

 

Went through MCOL as they refused refund in 2009.

 

Irwin Mitchell are the Solicitors and a Paralegal has issued a witness statement saying it should be struck out and 'Its an abuse of the court system'.

 

Also a Mr Steve Plowman a consultant of mine apparently has given information which they believe is true. Who is he???

 

They say i its been 6 years since i made the claim when actually i started the claim process(Sent letters to DAF) in 2009.

 

I asked for them to disclose commissions as i was trying to prove it was in the Agents interests to make me take out the policy, which they refused saying i am not entitled to.

 

The scary bit is now they want me to pay the defendants costs i guess if they rule in the favor of the defendant.

 

Has anyone been this far? the other problem is i am due to give birth in a week!!!!

 

Nothing like timing!!!!

 

Any help will be appreciated

 

Thanks in advance

[james4rd]

Found out that Mr Steve Plowan a (consultant of the claimant) works for DAF,

 

also i find it strange that paralegal for Irwin Mitchell is making a witness statement on behalf of the claimant, which i thought was me????

 

The reasons they stating for it to be struck out is CPR part 3.4 (2) (a) and/or (b).

 

I find it very frustrating as the only people that know what i was informed and documents given to me are myself and the agent on that day. so how can people that were not even present verify facts???

 

The only thing i can see apart from my word against his that may swing it in my favor is the amount of commissions that they receive is such an extortionate amount i that the agent had a vested interest in selling the insurances.

 

I know what was said and i know that the tick boxes and forms were completed for me, and yes i know i was tricked and i should have known, but first car first loan i was naive.

 

If it goes to court i worry my inexperience will means the judge will go with the defendant and strike out the case.

 

Can anyone advise if any form is required to submit a response to the Application to strike out the claim statute barred or a letter will do, i want to respond to the points made in the witness statement of the paralegal.

 

Thank you in advance

[james4rd]

I hope someone can help.

 

I have been to court as the Irwin Mitchell are trying to getmy claim struck out due to being time barred, (Agreement started in January2005 ended January 2009).

 

I wasn't aware of the PPI until i go to the end of the loanand my husband noticed i had PPI and advised that it wasn't compulsory as i wastold at the time i took out the loan.

 

The court has sent me a letter saying;

 

1: the application to strike out is dismissed.

 

2: Unless the claimant files and serves better particularsof the claim and in particular pleads in detail their arguments under s32limitations act 1980 the claim will be struck out.

 

3: the claim is allocated to the small claims track(theywere trying to claim around £2-3,000 in costs, i guess they can't now?????)

 

4: the claim is suitable for mediation.

 

I am trying to put together better particulars, the judge onthe day did ask and suggested i should use the mistake route of the s32 LArather than concealment or fraud, i am guessing this is easier to claim thanfraud.

 

also the judge highlighted that nowhere on the documentationdoes it say the insurance was optional as the defendant claimed, they justbasically said that me saying that 'the sales agent told me that' isn't goodenough and should be dismissed!! Judge said that they cannot just dismiss someone’sclaims!!!

 

 

seems quite positive but need help if anyone can getting theparticulars right.

 

Many thanks in advance.

[ims21]

Three threads merged and moved to the legal forum.

 

S32(1)© Limitations Act is what you should be relying on....payments made under a mistake...NOT concealment or fraud.

 

Can you type up your particulars of claim and also post up a copy of their defence so the legal guys can have a look.

Edited February 12, 2013 by ims21

[james4rd]

Please find attached the docs, if anyone can help that would be great, i need to submit particulars to the court and i am not sure how best to word it to give myself the best chance, i am awaiting contact from the mediation service as i hope it goes down that route rather than another day in court!!!!

[ims21]

Can you also post up your original Particulars of Claim please.

 

Ideally you need to give the legal guys as much information as possible other than detail which might identify you.

 

I'll also alert the team to your thread.

 

Thanks

[james4rd]

Thanks so much for your help.

 

My claim was through the money claim online service, so was very basic online form.

 

All it said was that i was advised by the sales advisor that i needed to take out the additional insurances to be accepted for the Loan.

 

I haven't submitted any other particulars hence why i think the judge wants me to submit better and more indepth particulars.

 

I haven't been able to spend a great deal of time researching as much as i should have as the original court case all happened when i was 39 weeks pregnant!!!

 

Does that help at all???

 

Many Thanks

[citizenB]

Right you have met the first hurdle whereas their application to strike out was dismissed and you have been given an opportunity to submit a better claim.

 

Site team are aware of your thread and someone will look in with some advice as soon as they can.

[citizenB]

Can you tell us if you have been given a date by which you need t submit this ?

[james4rd]

I have until the 18th of February, but i am due in hospital again so i may have to ask for a delay.

Short notice i know, but my darling daughter as amazing as she is certainly gave me a rough ride during pregnancy!!!!

 

Thanks again for your help.

[AndyOrch]

Hi James ims21 has asked I look in on you,

 

The fact that their application to strike out your SoC was dismissed is a huge plus to you...the DJ believes that though your initial particulars are vague he believes that your claim has merit.

The fact that this has now been allocated (SCT) again a great help and will protect you from their costs.

Disclosure is restricted in SCT but im sure judging from your post you already have most if not all of the paperwork required to support you claim.

 

Here is CPR 16 ... serving your statement of case and will give guidance on a CPR compliant Particulars of Claim.:-

 

 

Contents of the claim form

CPR16.2

 

(1) The claim form must –

(a) contain a concise statement of the nature of the claim;

(b) specify the remedy which the claimant seeks;

© where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;

(cc) where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and

(d) contain such other matters as may be set out in a practice direction.

(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain –

(a) the names of the government departments and officers of the Crown concerned; and

(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.

(2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

 

(Part 22 requires a claim form to be verified by a statement of truth)

(The Costs Practice Direction sets out the information about a funding arrangement to be provided with the statement of case where the defendant intends to seek to recover an additional liability)

 

Further info in the meantime until I can get back to you :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

 

Regards

 

Andy

[THEH1TMAN]

Has anything else happened on this case yet?