Help! Close To Court Hearing Now!!!

[caro]

How much are you claiming in charges?

 

Also, you mentioned PPI.

 

1. Would I be right in thinking that this was put on at the beginning of the loan, and so you were paying interest on that too?

 

2. Did you ever get anything back for it?

 

3. Did you choose to have it, and were you informed that you could get it elsewhere?

 

4. Was any of the loan to pay off an overdraft made up of charges?

 

I'll find out about exactly how this should be done on the forms.

[boobop]

im claiming £2285.26 charges

£501.87 s.69 interest

£120.00

TOTAL £2907.13

 

1) PPI, erm yes it was put on at begining of loan.

 

2) no never had anything back its still on the loan its not fully paid off yet, i did try to regroup the loan to have it taken off but they said id have to have £1000 added on to the loan and as i was now bad credit lady the answer to loan was NO so i cannot have PPI taken off even though i pay £30 per month for nothing!

 

3)Yes they sold me on it at the begining 6yrs ago but no ididnt no i could get it elsewhere untill now.

 

4)loan was to pay off high YB visa credit card debt

 

Thanks for your help on this il hold off on the POC untill i can word it correctly dont want to risk not having this removed never had bad credit before somtimes i feel like not paying the loan as im already being treated like it anyway

[caro]

Why would you have to have 1,000 added to the loan to get rid of the PPI?

 

By the way this should be of interest to you. http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

[jonni2bad]

Hi

 

I need to check on a few facts with you here... You have stated that your credit file show a default - looking at your comments above this appears to be against a loan agreement, not your bank account. Is that correct?

 

If the default is on your loan then you can not seek removal based upon your charges claim, but I agree with Caro that you need to amend, asap, and use the N1 PoC from the templates library LINK HERE

 

It does appear as though you might have a case for removal of it due to the bank not supplying notification though.

 

If the default is against your bank account then I will ask further questions about it later...

[boobop]

Hi

Ive got the file here it states yorkshire bank loan default

status history 8 file last updated 14/05/06. they wont update to show balance nearly paid. but its on the loan not the account.

 

Ive got the N244 ready to go im gonna do the ammended N1 from the template.

 

Caro, the reason for the £1000 is they said the loan cannot be alterd with out re applying and the min apply loan ammount is £1000 i did say i didnt want anymore money just the ppi off thats what i was told.

[boobop]

caro

thanks for the link it's a real eye-opener! looks like i was deffinatly miss-sold with regards to that and to be told i couldnt cancel without further loans! WHY DO THEY DO THIS like im not in enough debt with them..

I will certainly be claiming that back aswell it seems like they have bled me dry the past 6yrs ive been paying this PPI for nearly 60 months i dread to think how much that works out to?

[caro]

I can't help thinking that someone was trying to sell you something that they shouldn't have.

 

I think your best plan of action is

 

1. Amend your current claim as Jonni has suggested.

 

2. Did you do a S.A.R - (Subject Access Request)? If you specified any account numbers then do another one to try and get info on the loan and the PPI, unless you already have everything.

 

3. Look into the PPI issue and see if you can get that sorted.

 

4. Look into getting default removed from your loan, and also of course any charges that may have been added to your loan.

 

You have a lot of work to do, but people on CAG have achieved all of these things (except getting info on loans and PPI off YB) so once you have sorted your problems on this claim, and when you have some spare time have a good look around the rest at the site. The search facility can be a very useful tool.

[boobop]

Hello all

 

scince my last post i sucsesfully amended my POC and was happily awaiting the next stages of my claim when it came the "STAY" it seems im not the only one!! However i am about to hand in my n244 to apply for a removale of stay allthough im not sure how it will go.

If any one could just tell me if ive missed anything out as im nervis now

Ive got my OFT case POC

Printed copies of cases from the cases library

and detail as much hardship details as i could think of.

Should i include copies of these debts as proof?

 

As allways any help would be much appreciated

 

regards

boobop:D

[boobop]

Today i recieved my court date for lifting the stay hearing 10th december nottingham county court i did ask for it to be delt with in private hearing (£35) but they have said we must attend in person and another £30 added on, ive allready started gathering info for my bundle (stay) just somthing im unsure of? i must prove the hardship i have stated in my statement of evidence would this be in the form of debt letters statments etc i have said that due to these charges i have got into severe debt with everything eles i need the refund of charges to break the cycle and start a fresh.

 

also if anyone reading this who has/is going through the same id appreciate any imput you may have, im very very unsure of what to do or say as ive never been in court before!!

 

boobop:)

[caro]

I think you're on the right lines. There's a bundle in the library for hearings such as this which should help, but it's important to put as much that's relevant to you as possible. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

[boobop]

Thanks for that caro:D

[boobop]

Just a quick update!

I have recieved a offer from the bank!!! Its an ex gratia payment not admitting liability on there part and not a full and final settlement deal, its a goodwill jesture from the bank... (half of what i wish to claim) it also states that accepting this offer will NOT affect my rights to seek the difference owed when the test case is decided. Infact if it finds in my favor they shall automatically hand over the difference owed.

 

Has anyone else had this kind of offer?

my removal of stay is due on the 10th is this the banks way of looking good for the judge??

 

I have to say this has come completely out of the blue for me.

advice needed:)

[caro]

It's a new one on me too. My first reaction is that it's a ploy to keep the stay in place and telling the judge they've offered you this ex gratia payment. Have you done a bundle for the stay hearing?

 

We are finding that because the OFT court case is so close stays are not being lifted anyway.

 

I'll see if I can get some opinions on this but I'm inclined to suggest that you'll discuss the issue with them at the hearing next week, in front of the judge unless they want to offer the full amount including your court costs and interest to date.

[boobop]

Thanks for the reply caro:D

I went into my county court today with the letter from the bank the girls behind the desk are brilliant nice and helpful. after they ran off with my letter they came back with this..

So far no stays have been lifted in my area yet! And as far as the letter states i have nothing to lose in accepting this offer as part payment and it will also help me at my hearing in showing that i am prepaird to work with the bank.

They also said that they expect the oft hearing to go on for a long time so somthing is better that nothing.

I only had untill tomorrow to accept so i have.

Ive kept the original letter which states its a good will jesture ( just incase!!) I can only assume that my hardship issue's touched a nerve somewhere.

 

Ill Keep you all updated;)

[hilaryfrances]

well done matey, I dont think your hardship case will have made a tad of difference though, YB really dont care. If they could keep our money they would, whatever the circumstances. I think they must be running scared, possibly they dont think they will win. seasons greetings, Hils

[caro]

I agree Hils. YB are not known for their kindness and consideration which is why I'm suspicious. If you're happy with it Boobop, then I'm glad you'll get at least some of your money back sooner rather than later.

[boobop]

Hi guys

Checked the tracking num and they recived they letter of aceptance today! I wonder how long they now take in actually sending any money or should i expect this amount to just randomly appear in my account? does anyone no how they usually pay?? or if theres a time limit?

 

Im hitting them hard at the min not only im i ongoing with the charges issue im also claiming back mis-sold ppi which they have messed up so badley the omsbudsman has had to try and sort it out!!

Im affraid im not there most favourd customer but i must be doing somthing right:D

[caro]

They usually pay by cheque and take there sweet time about it. Don't stop any action or sign anything until you have the money in your hand. Go to court if necessary and say the offer was made, but the case not fully settled, if settled at all by then.