PPI Help Needed

[Gingi1]

Hi, I was also forced into taking PPI by both Co Op and First Direct on various loans and credit cards. I have all but some of the information (First Direct are withholding on the loan PPI amounts:confused: - Can't be that much surely)

 

Anyway, I have sent the claim letters and followed the procedures but both companies are denying having 'mis-sold' these policies. Interesting enough I also had my own private policy running alongside as I had been advised that these 'add on' policies to loans or credit cards are not worth the paper that they are written on. Anyway, should or shouldn't I start a moneyclaim on line? What's the general feeling out there?

 

Any advice welcomed

[reidnet]

I personnaly would continue with your claim..

 

Ian

[Gingi1]

Thanks

[Gingi1]

Quick question. Is there any specific wording to place in the claim section as there is with the claim back for bank charges?

[Gingi1]

Anyone know? Am waiting to file two claims, but don't want to mess them up!

[hellhasnofury]

Anyone know? Am waiting to file two claims, but don't want to mess them up!

Have a look at this you can amend it for your own claim.

 

Post on the site excluding your details for a final check Hope this will give you an idea. You can pm reidnet he is a star

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant had a credit agreement xxxxxxxxxxx ("the Agreement") with the Defendant which was opened on or around January 1998 and closed on or around September 2006.

 

2. At the time of undertaking the credit agreement, the agent acting on behalf of the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

 

3. The Claimant contends that:

 

a) Under Section 75 of the Consumer Credit Act 1974 the Claimant was misled and false information was given during the interview process on the day the agreement was made;

i) The Insurances sold to the Claimant were not defined nor explained and were not "optional" as laid out in the said agreement, the Claimant was informed that The Insurance was part and parcel of having a credit card. The Defendants agent misrepresented the fact that the insurance was compulsory, due to inexperience in financial matters at the time of the Claimant, this was taken at face value; the Claimant felt that there was no choice but to agree to the credit bargain.

ii) The Insurance was mis-sold, as the Claimant was employed at the time in an industry where redundancy is unheard of, the Claimant’s employers operated a policy of death in service benefits and sickness policy of such a generosity that any insurance would have been wholly unnecessary;

iii) Furthermore the Claimant in February 2002 commenced self employment and the Defendant was made aware of this, no attempt was made by the Defendant to ascertain whether The Insurance remained valid or indeed appropriate to the Claimant’s circumstances.

 

b) The Claimant contends that the agent for the Defendant was fully aware of the Claimants circumstances and fraudulently passed incorrect details to the insurer to obtain these same Insurances from the insurer. The Claimant believes this grossly contravenes ordinary principles of fair dealing.

 

c) If the Court finds that incorrect details were not passed as a result of fraudulent behaviour then the Claimant contends that incorrect details were passed to the insurer through the Defendants’ agents’ mistake as to facts.

 

d) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;

i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments

ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit

iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit

iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.

 

 

4. Accordingly the Claimant asks:

 

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £xxxxx by conferring a benefit under an ineffective transaction.

 

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £xxxxxx by virtue of the Defendants agents’ actions, be they fraudulently or mistakenly, in obtaining the Insurances which offered no benefit to the Claimant.

 

 

c) Alternatively, the Claimant seeks damages of £xxxxx in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £xxxxx.

 

d) Court costs;

 

e) The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from various charging dates to 16 November 2006 of £xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx per day.

[Gingi1]

Thank you so much - you are a star

[hellhasnofury]

You are very welcome:p

[Gingi1]

I have logged one of my claims today and will keep you posted.

 

With regards to the other one I have a quick question. I will be claiming back two amounts, one for PPI forced on my loan and the other PPI forced on my credit card.

 

Here is my dilema though, the loan PPI totals 2963.59 + 8.906%APR which equals 263.93, now do I times that by the amount of years that I had the loan?

 

Many thanks for any help

[hellhasnofury]

I have logged one of my claims today and will keep you posted.

 

With regards to the other one I have a quick question. I will be claiming back two amounts, one for PPI forced on my loan and the other PPI forced on my credit card.

 

Here is my dilema though, the loan PPI totals 2963.59 + 8.906%APR which equals 263.93, now do I times that by the amount of years that I had the loan?

 

Many thanks for any help

 

Hello Gingi,

 

Use this spreadsheet. At the court stage you can only claim the 8% Statuatory interest. This will work out automatically the interest you can claim for.

 

It looks complicated, but I managed it so it can't be that hard. honest!

 

http://www.cag-files.co.uk/barracad/...arges-calc.xls

 

 

The first page put in your details, account no and dates of when the fees started.

Scroll down and you will see on the left hand side a little tab with charges and interest. click on that and add you charges. It will automatically add the up for you. After you have added up your charges, click on the 8% interest tab and low and behold it will all be there for you. Save it and then print it off, and then send them it and the court a copy. Also add that you will be charged the daily rate of 8% until they settle. The formula is somewhere in the bank charges section.

 

If you need help let me know.

[Gingi1]

You are quickly becoming my favourite forum person - Thanks

[Gingi1]

Hi, well a quick update and a few questions.

 

I have just completed my Allocation Questionairre. The bank is denying all knowledge of mis-selling my PPI as the application was made over the internet. What actually happens though, is they ask if you wish to continue without insurance, I stopped the application and phoned to ask if it would make a difference not taking the insurance as I already had my own private policy, they told me that due to my financial circumstances (bad:eek: ) they strongly advised me taking the insurance to ensure my application was accepted. As they had already told me this when I took out my loan with them, I felt I had no choice. Anyway, will wait and see what happens.

 

Would like to know the following though, if anyone has any idea.

 

a) I have sent them a Data Protec. letter twice trying to get a breakdown of my loans and how much the PPI was. They sent me illegible copies and are refusing to send anything else - what can I do?

 

b) If I lose in court do I have to pay their costs?

 

Any advice appreciated.

[Gingi1]

Bump X Any Ideas anyone?

[hellhasnofury]

Bump X Any Ideas anyone?

 

Hello Gingi1,

 

Regarding the ilegible info of you sar, I would report them to the information commissioners office and see if they can do anything.

 

regarding the small claims/fastrack claims maybe read this thread

Big Total Claim - Should I Split Or Go Fast Track?

I think with the fast track route there is a risk of cost which are capped.

 

Hope this helps:D

[Gingi1]

Will keep you updated and thank you once again!

[Gingi1]

Hi,

 

Any ideas on what happens next? I have sent my Allocation Questionairre and received a copy of theirs. What now? The suspense is killing me

[hellhasnofury]

Hi,

 

Any ideas on what happens next? I have sent my Allocation Questionairre and received a copy of theirs. What now? The suspense is killing me

 

Sit back and relax and wait for your court date to come.

 

It may or not be a long way off. I hear that the courts are very busy these days.

 

You will at some time have to prepare a court bundle.

[reidnet]

Courts are pretty busy, I have had my claim allocated to Fast Track and a court date of Decenber.... that will be over a year I will have been fighting those &&^$$$&&* &^&*(( at GE.

 

Ian

[Gingi1]

Thanks for the advice.

 

Wow! I can't believe it takes that long. They have also stated in their AQ that they want the case thrown out - any ideas if the judge rules on that fairly quickly?

 

Ta again

[reidnet]

On what grounds do they want your case thrown out ?,

 

Ian

[Gingi1]

Dear Ian,

 

Under the following:

 

do you intend to make any applications in the immediate future?

 

They have replied yes;

 

Strike Out/Summary Judgement pursuant to CPR part 3 and 24

 

I have no idea what it relates to, but I have a 30 min free consultation with my works solicitors so will investigate further then unless you have any idea:confused: .

 

Ta, as always

[Gingi1]

Hello there, well the Judge has given me a court date in September and I have to prepare my bundle. What happens next?

[hellhasnofury]

Hello there, well the Judge has given me a court date in September and I have to prepare my bundle. What happens next?

 

Hello Gingi,

 

Hey look at you going to court in September, I do think they will cut their loses and pay up:lol:

 

Obviously the judge did not strike out the case, so you will just have to count the days till the court date. I do believe your court bundle has to be provided to the court 2 weeks before the court date. Maybe pm Reidnet or itsme to see what they will provide in there court bundle. Its probabley the same one as the bank charges bundle, but best to make sure:D

 

They may yet come to you with their cap in hand, oh and your money, before this. or nearer the time you could maybe write to them saying, pay up and I will drop the case, don't pay and I will continue:D

 

Keep us posted and will follow with interest.

 

Remember you are controlling this not them

[Gingi1]

Thanks I have read through the bits on the 'court bundle' and I need to send it by 20th July, so I am working on it now.

 

Have had a little luck as well, they have sent me all of my account notes and it clearly states on an email sent by them that although I could apply online, I would still have to call them (this is when you are 'forced' to take their insurance) so fingers crossed

 

Will keep you posted.

[Gingi1]

Need a little help with the court bundle. All the cases refer to penalty charges - is there another court bundle for PPI with case references?

 

Any help appreciated