Help needed. court summons and missold ppi

[dph1976]

Hi All

 

i have had a court summons for a credit card

from 2005. i was miss sold ppi from the outset

can i use ppi miss selling as a deffence

 

i think the debt was sold on to Marlin as it was ann egg card

i have had a copy of CCA and had all statements

 

 

thanks in advance for any advice

D

[Ganymede]

Hi is this your first post or do you have another thread somewhere?

 

PPI on it's own isn't a Defence.

[dph1976]

hi

 

i have posted before but it was a long time ago

we had been paying £20 a month but couldn't maintain this so they have sent summons

i fear im going to get a ccj however i feel as this i have not yet had a ppi refund plus interest

the debt should not have been sold on as the amount is in dispute.

i know im probably wrong but feel that all issues with debt should have been resolved prior to litigation.

rant over

 

thanks for your advice

D

[Ganymede]

hi

 

i have posted before but it was a long time ago

we had been paying £20 a month but couldn't maintain this so they have sent summons

i fear im going to get a ccj however i feel as this i have not yet had a ppi refund plus interest

the debt should not have been sold on as the amount is in dispute.

i know im probably wrong but feel that all issues with debt should have been resolved prior to litigation.

rant over

 

thanks for your advice

D

 

 

The whole point of the civil Court is to resolve disputes!

[AndyOrch]

Hi dph

 

Tell us about the claim....If you could read the following and post your responses here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(5-Viewing)-nbsp

 

Regards

 

Andy

[The Mould]

Hi All

 

i have had a court summons for a credit card

from 2005. i was miss sold ppi from the outset

can i use ppi miss selling as a deffence

 

i think the debt was sold on to Marlin as it was ann egg card

i have had a copy of CCA and had all statements

 

 

thanks in advance for any advice

D

You can rely on the ppi element in your Defence as a Defence of set-off against the amount claimed and thereby reduce your liability to the Claimant.

 

See- CPR Pt 16 r.16.6

 

 

For example: Claimant claims £5k and the ppi owed to you is £2k, therefore, you owe only £3k to Claimant.

 

 

Kind regards

 

The Mould

[The Mould]

The whole point of the civil Court is to resolve disputes!

 

 

Yes, that is true Gany, but only after the parties have engaged in discussion and exchanged correspondence with a view to try and settle the dispute without the need to involve the civil Courts. (See Practice Direction Pre-Action Conduct of the CPR)

 

 

Kind regards

 

The Mould:-D

[dph1976]

Thanks for this

 

i think i will use it as partial defence

 

how much interest should i add to calculator

some statements say 1.941 per month for cash some slightly less

also does this carry on accruing to present day

 

thanks again

[citizenB]

Could you respond by providing the information requested in post # 5 before worrying about the PPI side of things, please