PPI Reclaiming Discussion part 4

soontobesensible

tiggrae wrote: »

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

jayfive wrote: »

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/forumdisplay.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

soontobesensible wrote: »

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 !!!!!

soontobesensible

tiggrae wrote: »

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 !!!!!

Thank You once again Tiggrae,
You have probably saved me a few hundred pounds with this advice. Feel like a bit of a pratt but this has been a learning curve for me if nothing else! I am thinking that perhaps I will withdraw my claim and start again. Would I be able to re submit later do you think? Time is running out and I am not sure that I can even change the particulars. I am told I have until the 27th of November to do this before they get me struck out. By the way could you recommend any legal people that I could go to for quick advice?
Much appreciated!
Soontobesensible

Newkid

Thanks for response Amersall, unfortunately the copies I have are the third in a carbon copy ( remember carbon copies ?) & I can barely read them, when I have tried to copy you are unable to make out the writing - so , my letter will explain this , I will not send the Originals ( for obvious reasons) but will make them available for inspection - is this reasonable ?
Newkid

tiggrae

soontobesensible wrote: »

Thank You once again Tiggrae,
You have probably saved me a few hundred pounds with this advice. Feel like a bit of a pratt but this has been a learning curve for me if nothing else! I am thinking that perhaps I will withdraw my claim and start again. Would I be able to re submit later do you think? Time is running out and I am not sure that I can even change the particulars. I am told I have until the 27th of November to do this before they get me struck out. By the way could you recommend any legal people that I could go to for quick advice?
Much appreciated!
Soontobesensible

yes, you can revise your particulars of claim - downloan Form N244 it's an Application Form, from the HMCS (Her Majestys' Court Service) - you have to pay complete it and file it with the court for a fee of £45 (unless you qualify for a fee remission - low wage etc) but I would take your claim to any local solicitor - claiming Negligant Misrepresenation under the Misrepresentation Act 1964 and see what they think to using Section 14 of the Limitations Act 1980 as a means of getting around the time bar issue

marshallka

tiggrae wrote: »

yes, you can revise your particulars of claim - downloan Form N245 from the HMCS (Her Majestys' Court Service) - you have to pay £45 (unless you qualify for a fee remission - low wage etc) but I would take your claim to any local solicitor - claiming Negligant Misrepresenation under the Misrepresentation Act 1964 and see what they think to using Section 14 of the Limitations Act 1980 as a means of getting around the time bar issue

So is it section 14 that gets around time barring?? I thought it was section 32 you used to say? I have read them and suppose both apply do they???

soontobesensible

tiggrae wrote: »

yes, you can revise your particulars of claim - downloan Form N244 it's an Application Form, from the HMCS (Her Majestys' Court Service) - you have to pay complete it and file it with the court for a fee of £45 (unless you qualify for a fee remission - low wage etc) but I would take your claim to any local solicitor - claiming Negligant Misrepresenation under the Misrepresentation Act 1964 and see what they think to using Section 14 of the Limitations Act 1980 as a means of getting around the time bar issue

Thanks Tiggrae,
Will let you know how I get on!

bertatswad

Hi, need a bit of advice please. I successfully claimed my PPI back from Halifax although i made a claim for redundancy on the policy. They deducted the amount they paid out on my claim from the total i claimed back in PPI. I was surprised at this as i have read that if you claimed on a PPI policy you are unable to claim it was missold. I tried to claim from A&L with the same circumstances but they said no straight away. Do you think it is worth me sending a second letter or does no mean no in this case ? Any advice would be greatly appreciated.