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Claimform - unpaid BELMONT THORNTON PPI fees?***Settled by Mediation***

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*POSTING ON BEHALF OF A FRIEND*

 

Hi.

I have a friend who engaged the service of a Company called Belmont Thornton to reclaim PPI some time ago

- he is unable to remember exactly.

 

The credit card being used advised they would refund a partial payment of the PPI

and then increase the interest rate of the card to a ridiculous sum.

 

 

He didnt take up the offer and advised Belmont Thornton he would not be paying them

as the offer they were advisisng him to accept would make him financially worse off.

DCA's who have chased the debt have been advised the same.

 

Now he has received a summons for £131 from a DCA acting on behalf of Belmont Thornton for the services of Belmont Thornton

and Court Charges.

 

Can anyone advise which course of action is best to take as they are claiming a percentage of an offer

which was nothing more than ink on paper.

 

Does he pay up and do nothing more?

 

Does he contest the summons on the basis he never accepted the offer

as it was a worse financial position and therefore there was no refund to be claiming a percentage of.

Any advice to give him please will be gratefully recived.

 

Thanks

:!::!:

Edited by citizenB

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Thread moved to Financial Legal Issues forum.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Okay. This is very interesting.

 

I wonder if it is possible to argue that there is an implied term that you would not accept an offer or a settlement unless it was reasonable to do so.

 

Please would you post up whatever terms and conditions there were associated with this service.

 

To everybody else, – yet another reason not to pay for PPI reclaim when you can do it yourself without all of this hassle.

 

In fact I have now found the relevant terms and conditions

 

http://www.belmontthornton.com/terms-of-engagement.aspx

 

and I think that you have a very good basis for a defence on this.

 

We will help you.

 

Please will you post up the claim document here. Redact it of all your identifiers.

 

Also,

please will you let me know what steps you have taken to inform Belmont of any complaint

or issue you have had about this.


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Sorry for the late reply guys.

 

He has looked for any supporting documentation in regards to this

but is unable to find anything relating to it.

 

From memory he claims it was a printed A4 sheet of paper which looked similar to a photocopy

(remembers this as the box wasnt straight on the sheet).

 

You filled in who you was claiming off

- your account number

- what you were claiming and then signed and returned it.

 

He advises as it was so long ago (probably over 2 years ago) he could of thrown out the paperwork,

but is going to have another look for me.

 

Do I advise him to return the court forms defending the claim (I can copy them if you need anything off them)

and as it has gone to court already would he SAR Belmont to see what they have.

 

Thanks

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Please post the claim forms on the forum and we'll deal with them straightaway.

 

I think that you need to monitor the posts on this forum and not take too long or else you may accidentally miss deadlines and then you will be in trouble


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My apologies. I thought you wanted the original paperwork. Claim form attached. Thanks.

Claim Form1.jpg

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Has there been a notice of assignment?


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Name of the Claimant ? Merligen Investment Services

 

Date of issue – 28th Jan 2016

Date to submit defence = 29th feb 2016

 

What is the claim for –

 

 

1.the defendant owes the claimant £56.83 under a written agreement with Belmont thornton dated 05/07/2012

which was assigned to the claimant on 04/03/2014

and notice of which was given to the defendant on the 31/03/2014 (debt)

2.despite formal demand for payment of the debt

the defendant has failed to pay

and the claimant claims £52.62

and the claimant also claims interest thereon

pursuant to section 69 of the county court act 1984

limited to one year to the date hereof at a rate of 8% per annum

amounting to £4.21

 

What is the value of the claim? £131.83

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CMC FEES

When did you enter into the original agreement before or after 2007? 2012

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? seems not.

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments? none made

What was the date of your last payment? none made

Was there a dispute with the original creditor that remains unresolved? yes

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? no


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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So what does he do now. Does he pay up or contest it.

Would there be any point in sending Belmont a request for what information they hold or not?

Thanks

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It's up to you whether you decide to defend or to pay up.

 

However, I think that you have a good basis for defending because it is a term of the contract http://www.belmontthornton.com/terms-of-engagement.aspx ,

 

3.7 to pay Belmont Thornton the Fee within 28 days of notification of any reasonable offer to pay Compensation (Belmont Thornton reserves the right to refer debts to a collection agency and/or to pursue legal action which may result in the Client being charged further fees);

 

According to you, the offer which has been made is subject to conditions which would leave you worse off because of increased interest payments. If that's the case then I think that you could scarcely describe their offer as "a reasonable offer". On that basis I think that you can argue that you are justified in declining the offer and therefore you are not yet liable to pay any money to Belmont.

 

Although this is not part of the case, I would have thought that the fact that Belmont have tried to get you to accept an unreasonable offer and then litigated on it has the effect of undermining the confidence between you and therefore has had the effect of terminating the contract.

 

Don't deal with that part yet – but you may well want to give them written notice of that when this is all done and dusted.

 

If you are happy with this argument – and I think that a judge would be reasonably impressed with it – but of course I can't be completely sure.

 

 

If you want to defend then I suggest that you use the simple defence that I have outlined below and send it off immediately in the form which you have been provided by the court.

 

Come back here when you hear more.

 

  1. The claim is denied.
  2. It is admitted that the defendant had a contract with a claims management company called Belmont.
  3. It is not admitted that any alleged debt was assigned to the claimant's. The defendant has never received any notice of assignment.
  4. In any event, the defendant is not indebted to Belmont as they have not performed their part of the bargain and obtained a reasonable PPI refund offer.


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Thanks. Will advise him to do this first thing in the morning and let you know how he gets on.

 

Just checking if this has any bearing on things

 

I have just had a text of him to advise he has found a letter dated 9th December 2014.

It is from a company called Moriartylaw based in London.

 

Says they have been instructed to act on behalf of Merligen Investments Ltd in relation to the recovery of debt.

 

Gives him 14 days for settlement or repayment plan.

Threatens issue of proceedings if not.

Gives the amount that is on the summons.

 

He never replied to it - just shoved it in the cupboard.

Says he was trying to find original form.

 

Does this change any of the above before I give him the details to contest.

 

Really sorry about this.

Have told him to bring it into work tomorrow so I can scan it and upload it for you if needed.

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no change simply a threat-o-gram


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yes, it doesn't seem to be very important.

 

However, it doesn't give a lot of confidence to find that there are letters and papers which seem to have been hidden around.

 

Also, you had better be extremely certain that the offer which was made did have the conditions that you say were attached as to an increased rate of interest.

 

I have to say that this is extremely unusual as a condition and if the PPI payment was really due to you because it was mis-sold then the attaching of any conditions would be unfair. This also could make the refund offer unreasonable. I would like to know more about it.

 

When Belmont is sorted out, I suggest that we start looking into this. However, I think that your shy friend should come forward and start dealing with this himself. It is really quite therapeutic – especially for people who feel beaten down by it all. Also, it can become extremely difficult and frustrating to have to deal with hidden third parties all the time.


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I have updated him on your remarks regarding contesting this and the reasons that you have given.

 

Whether he does or not is up to him now.

 

I must admit you are right.

When I first signed up it was to deal with something myself.

Then you get into a conversation telling people how good the site is

and you get the 'can you post this for me'.

 

If what he is saying is true then I will ask him to come on here and request any further information himself.

 

He wouldnt need to start a new link, he could just comment on this one and identify himself.

 

Obviously next time somebody asks me, they will be given the details to register themselves.

Thank you.

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Well he is unable to find the letter which states what they would refund

and the rate of interest change should he accept this offer.

 

Therefore he has decided to pay the amount requested as he doesnt want the CCJ registering and without proof is unable to contest it.

 

If at a subsequent date, he does find the letter,

would he have any comeback on the payment.

Thanks

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No - it would be almost impossible to get his money back.

 

I'm sorry to say that this case wasn't properly thought out and wasn't properly prepared.

 

Your only hope is to contact the bank again and ask them for a copy of the offer because you now want to accept it. If you can get that in time, then you can continue.


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I am just going to give him the advice you have given me for him and let him decide.

 

 

If he wants to register on here and read the comments himself then I dont mind.

 

 

Alternatively I can log on for him and he can make his own mind up.

 

I dont want to waste any more of your valuable time as I know you help a lot of people.

 

Thanks for everything you have done for him so far.

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I would still defend the claim

 

Regards

 

Andy


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Just to let you know he has defended the claim.

He did the papers on line on Friday.

Confirmation letter received yesterday he says.

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Just to let you know he has defended the claim. He did the papers on line on Friday. Confirmation letter received yesterday he says.

 

Using the defence provided in post #12?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi

Just to let you know he has defended using the defence listed here.

 

 

I have asked for a copy to post to be sure.

 

 

He has received a letter from Merligen Investment Services stating their client is proceeding with their claim.

Any advice on what to expect now?

Thanks

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Nothing until the court advises the defendant...this will entail completing a Directions Questionnaire (N180)...so post up once this is recieved.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Ok. He has received the 'Notice of Proposed Allocation to the Small Claims Track'. Sorry I got this upside down, I cant seem to turn it.

n180.pdf

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Simple to complete....yes to mediation yes to small claims track..the rest is self explanatory tick boxes.Return it to the court by the date stated and serve a copy on the claimant's solicitor.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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