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[tiggrae]

Originally Posted by soontobesensible

Thanks for replying Tiggrae,
Yes they are trying to get my claim struck out. PPI started in 1999 but didn't end until 2007. Amount including interest is for 1600. My grounds are that Iwas mis-sopld PPI I wasn't aware I had until i paid off the original loan in 2003. Kept paying PPI after loan was paid off as they refused to allow me to cancel it. Said it was a loan in itself and that I had to continue paying it. 2007 they closed it but paid £150 for the priviledge. Do you think I have a case or am I wasting my time??????
Thanks Much!!!!!

what law did you quote in your claim and have the other side put in a formal application (ie on an N244 Form?)

[soontobesensible]

Originally Posted by tiggrae

what law did you quote in your claim and have the other side put in a formal application (ie on an N244 Form?)

Tiggrae,
Just checked my particulars of claim and noticed that I failed to put in about the charges being unfair under the Unfair Terms and Consumer Contract. Is there still time for me to do this do you know? Is this what you were referring to? Also haven't been asked to fill any other forms in yet they are just threatening to do this at the moment and sent me a copy of their application for defence!
Thanks!?

[jayfive]

Just a quick question for everyone, if ure debt is sold of to a collection agency, do they they sell off what they would have collected in PPI as well, just wondering as mine was sold of to moorcroft and was wondering if i have paid the full amount of PPI i would have done if i have stayed with EGG.

Hope that all makes sense

Cheers

[di3004]

Originally Posted by jayfive

Just a quick question for everyone, if ure debt is sold of to a collection agency, do they they sell off what they would have collected in PPI as well, just wondering as mine was sold of to moorcroft and was wondering if i have paid the full amount of PPI i would have done if i have stayed with EGG.

Hope that all makes sense

Cheers

Hi there

Not too certain on this but I believe from reading some posts, they can refund towards the debt and anything remaining should be refunded direct to you.

This could be a question for the above debtwannabe thread above as well, will post the link up here for you.
http://forums.moneysavingexpert.com/...play.html?f=76

Many on there I believe have been in the same position.

Hope you get your answers on this good luck with it all.

[tiggrae]

Originally Posted by soontobesensible

Tiggrae,
Just checked my particulars of claim and noticed that I failed to put in about the charges being unfair under the Unfair Terms and Consumer Contract. Is there still time for me to do this do you know? Is this what you were referring to? Also haven't been asked to fill any other forms in yet they are just threatening to do this at the moment and sent me a copy of their application for defence!
Thanks!?

hi there, unfortunately, your claim is not for unfair charges / contract term, it's Negligent Misrepresentation under the 1964 Misrepresentation Act - honestly my advice to you would be to immediately take legal advice, as it currently stands you are VERY likely to have this claim struck out as being time barred under the 1980 Limitations Act and as the claim will not have been allocated to the Small claim Court the other side will claim costs and they won't be insubstantial (£1000+) and you will have to pay them - the only possibility is for you is to amend your particulars of claim to the right legal basis (ie you always have to quote the law you are bringing any claim under - eg the defendant has breach such & such section of such & such law), as under a claim for negligence a judge under section 34 of the Limitations Act has the discretion to hear the claim - but that's a long shot, which is why I would suggest you see a solicitor immediately !

for anyone else considering legal action - these are NOT bank charges reclaims, the banks won't just roll over and pay and you could face substantial costs if you get you claim wrong and it's struck out - ALWAYS CONSULT A SOLICITOR BEFORE STARTING LEGAL ACTION !!!!!