Barclays PPI reclaiming as executor of Will - Issued Claimform - Defendants application for Summary Judgment

[AndyOrch]

I dont think you should...continue with the current..the amount can always be adjusted.

[hello12345]

hi! I'm back again.

 

I've had a court phone meditation and the bank was only interested in me dropping my claim

no issue to resolve

not even a reasonable goodwill gesture.

 

They said if I don't drop my claim it would cost me a lot of money.

I told the mediation officer

" I'm claiming for 4 PPI policies not 1 policy that they seem to think I'm claiming". 

 

the bank is playing dumb and don't seem to be acknowledging  the other 3.

 

When I filed a MCOL claim I only gave very brief detail and quoted a ref number A7480588

 

this was a mortgage claim number but was also used to bring up the other 3  PPI policies on their computer system

 

this number was quoted on some of their letter headings when writing to me about all 4 policies.

 

The solicitor is going to strike out my claim as it is not particularised and other issues. A lot of inaccurate information has been said, 

 

I first put a claim for PPI by post on behalf of next of kin  in Nov 18 and got a undated with no ref number fob of letter recorded delivery with the death certificate and PPI policy details in Dec 18.

 

When not hearing anything after  3 months I phoned the PPI department  in March 19 and they had no record of it I think they were lying.

 

They told me to go to my local branch and file a PPi complaint there.

We duly did and gave the bank manager details and various forms of ID.

 

The next of kin still banks with the same bank and still has the same account number where the deceased was paying for the loans into this account number. but obviously his name has been dropped from the account  why they keep wanting all this ID is crazy,

 

in the end after keep getting letters and phoning up telling them we haven't got the type of ID'S they want and keep going up the bank with other forms of ID that the PPI team said would be OK.

 

My 82 old mother had to apply for a driving licence for the first time that's the reason for the delay.

 

After all this and getting the driving licence endorsed by a solicitor they went quiet again.

 

when waiting for ages we phoned to find out what was going on and they said they were paying out for 1 policy and closed the others down.

 

when I question why" they said had you not received any letters" I said no then the guy said ok we will open them back up again and you will hear from us in 14 days.

 

The 14 days past 21 days passed and I had enough and took out a court claim.

 

 

 

docs 1.pdf

[AndyOrch]

Thread moved to PPI Forum please continue to post here.

 

Andy

[hello12345]

I'm claiming for missold PPI and got a telephone conference hearing Monday 23rd .

I've posted previously about this claim on this forum.

 

Its a summary judgement hearing it destined for the small claims track as im claiming 8000 pound subject to %20 tax so it will be 6000 plus.

 

It hasn't been allocated to a track because of the summary judgement application by the bank 

 

The bank has filed a cost order to the court of nearly  £5000 

 

Any advice please

cost ppi clam.pdf

[dx100uk]

4 threads merged please keep to one thread

 

dx

 

[AndyOrch]

Topic moved to Financial Legal Issues Forums in view of the application.

[AndyOrch]

Have you been served a copy of their N244 application and any witness statement in support of the application ?

[hello12345]

yes they did serve a N244

[AndyOrch]

Well scan redact and upload here ...along with their statement...please 

[honeybee13]

I'm afraid I've had to hide your posts. I can read the scribbled out names very easily, probably other details as well. Please redact it properly with a program like MS Paint if you can, so this stays anonymous and repost.

 

HB
 

[hello12345]

Thanks Ill try and have another go later In the mean time I bank with Barclays online and had a automated email from them saying " we are here to help" there trying to claim over £4000 in court costs from me on my claim for  missold PPI  and send me this email  lol.

 

I'm writing today as I know that coronavirus is a source of concern for many people right now - and I wanted to let you know we're here to help.

 

Whether you would like additional support with managing your money, or have faced disruption to finances or travel plans, we can work with you to look at ways to make things easier, including:

• Mortgage Payments: Repayment holidays on residential mortgages for up to 90 days
• Accessing Savings: Removing penalty charges to access fixed savings accounts early
• Paying Fees: Stopping late payment and cash advance fees for the next 90 days for credit cards.

 

For more information on this and managing your finances during this period, you can find our latest advice by visiting our homepage and clicking ‘Coronavirus help’ - there you'll find links to all the content referenced in this email on pages that will be updated daily.

 

If you need to access your banking services and are unable to get to a branch, or need to stay at home, there are also a wide range of ways that we can help you there too. I've outlined a number of those below which hopefully you'll find useful.

 

I appreciate that the circumstances in which we find ourselves at the moment will cause worry. At Barclays we are committed to being responsive to your needs as the situation evolves, and we will continue to be in touch with information and updates.

In the meantime - with best wishes.

Matt Hammerstein
CEO Barclays UK

 

The bank are saying I'm timed barred amongst other things.

I've put sect 32 of the limitation act on my witness statement.

 

I've got the original agreement form for 1 of the loans and the NO box was ticked and the PPI was added without consent.

 

What specific part of the limitation act comes into play here, is it fraud, concealment or mistake?

[AndyOrch]

It was the defendant's statement I wanted to see...and a copy of their N244.

[AndyOrch]

It may be prudent to also draft a skeleton argument along with your statement...using bullet points so you have easy reference......just for your own use as your too late now to file/ serve a skeleton argument now.

 

With regards to limitations Act.....interesting case....

 

section 32 of the Limitation Act 1980 (the 1980 Act) applied to postpone the commencement of the limitation period, on the ground that if the claim was made out under section 423 it would involve a breach of duty.

The recent case of Hill v Spread Trustee Company Limited [2006] EWCA Civ 542 confirmed that the 1980 Act applied to claims under section 423 of the 1986 Act. This judgment leaves room for creditors to argue that the limitation period for such claims should be postponed by operation of section 32(2) of the 1980 Act.

 

Useful links...

 

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/ppi

 

http://www.legislation.gov.uk/ukpga/1980/58

 

[hello12345]

I served one a week ago,  and they put a final one in a few days ago

[AndyOrch]

You served what ...witness statement or Skeleton Argument ?  I see the defendant has done both .

[hello12345]

The final redress they offered to the next of kin was in January 2020 and they wanted probate why did they not ask for this on the first redress cheque they sent?

 

I now have probate and got it in Feb  2020.

there is no way I could of settled in time for the court case if I was to accept it.

 

Also it was me who made the court claim and all the redress have been made to the next of kin the bank has ignored me.

and all I was getting was bullying letter of their solicitors to drop the claim.

 

Also why did they defend the claim in its entity when I initiated the court claim and then offer redress, should they have not admitted to part of the claim?

 

it was just a witness/statement of case I sent.

 

I only made it brief because it was a summary hearing and not a full trial.

it was just to dismiss the motion

 

Also here lies another problem if the next of kin accepted the redress it would of been in her name. So if I discontinued the claim I would of been liable for costs as the court claim is in my name.

[AndyOrch]

Discontinuance and liability of costs only applies to Fast Track (Over 10K claims)

[hello12345]

It hasn't been allocated to a track so correct me if I'm wrong I would be liable.

 

This is a sneaking trick by the banks solicitors, that's part of the reason for summary judgement getting it to court before allocation. they have a cost order of over £4000

 

Any reasonable judge would of sent it to a allocation hearing and looked at the summary judgement at the same time

Edited March 21, 2020 by hello12345

[AndyOrch]

CPR 38.6 (1) denotes that 'unless the court orders otherwise, a claimant who discontinues is liable for the costs which the defendant, against whom the claimant discontinued, incurred on or before the date on which notice of discontinuance was served on the defendant'.

 

Interesting article.....

 

https://www.lawgazette.co.uk/law/dispute-resolution-recovering-costs-before-allocation-/54383.article

 

Your other option would have been to add a party (next of Kin) but you only came here for advice yesterday and your hearing is Monday

 

[hello12345]

Do you mean add  next of kin on a discontinuance form.

 

I got a letter on Thurs 19th march for a telephone hearing I gave my number to their solicitors on Friday.

 

I don't know what happens now will they call me on Monday ?

[hello12345]

In theory I should win as at least one of the PPI's was added without consent but in law I don't know.

 The small claims is misleading and needs to be changed, as you naturally think the costs are limited but this not always the case

Edited March 21, 2020 by hello12345

[AndyOrch]

No...to add her as a claimant... or substitute claimant....but your out of time now to do that.

Yes if the hearing is by telephone then they will contact you......I see you have read the following with everything up in the air at the moment.

 

 

 

[hello12345]

Thanks , I didn't add the next of kin as she is not a executor and has no entitlement to sue.

[AndyOrch]

Correct....it was just with you stating...

 

Quote

Also here lies another problem if the next of kin accepted the redress it would of been in her name. So if I discontinued the claim I would of been liable for costs as the court claim is in my name.

 

[hello12345]

ok sorry for the confusion  Any tips for Monday?

 

Surely if the bank has admitted 3 were missold and offered redress to the next of kin then why do need to argue it in court the reasons for mis-selling? I can use their reasons why it was mis-sold

 

Its the limitation act I need to get sorted, what part would you suggest I use would it be the Mistake part of sect 32?