loancheck/solicitors claiming ppi

urban_ninja

Thomas, You seem to be very anti-loancheck and their solicitors? but then in other threads and posts pro black knight?

Is this because you believe the service that black knight is offering to the clients whose cases were transfered to black knight from loancheck a better more reliable service, with a higher chance of the case obtaining a result?

fedupwiththeworry

fedupwiththeworry wrote: »

I've now had a letter re one of my 2 cases from my solicitor requesting a meeting so they can take a more detailed statement concerning the sale of the PPI.
They also state that the limitation date is fast approaching although it may be extended to 6 years from the date that they got the details from loancheck but they are not sure.

Unfortuantely I have no transport so cannot attend a meeting but am hoping any questions they have can be answered via email.

OK I've heard back from the solicitors with the following:

a meeting with you is essential as, at the moment, the evidence we have is not sufficient to take your matter forward to issuing proceedings or to prepare a Letter of Claim.

I note your comment that we could email you questions for you to answer. However a face-to-face meeting will provide much more useful evidence from you as we can 'test' your evidence by putting further questions to you which "XYZ" may do if this matter proceeds to a Court hearing. Such questions cannot be put by email as they may only arise in the context of other questions.

In any event if this matter progresses we will require a meeting with you in order to prepare your Witness Statement. It is better to prepare that Statement now (in draft) so that we have your evidence before despatching the Letter of Claim or issuing proceedings. As I say above without this evidence your claim does not have sufficient merit to take forward and I would not recommend that you do so.

I look forward to hearing from you and would stress again that a meeting with you is essential to progress your claim

I just can't get to their offices, it's impossible for me at the moment and what concerns me is that if I don't go and they drop the claim could they say that I went against their advice and therefore claim costs from me re the CFA ?

I certainly didn't ever think I would have to go and stand in a court just to claim back a miss-sold PPI, at best I thought it would be concluded by letter or at worst the solicitor would attend court on my behalf if it went that far.

Any thoughts please.

marshallka

fedupwiththeworry wrote: »

OK I've heard back from the solicitors with the following:

a meeting with you is essential as, at the moment, the evidence we have is not sufficient to take your matter forward to issuing proceedings or to prepare a Letter of Claim.

I note your comment that we could email you questions for you to answer. However a face-to-face meeting will provide much more useful evidence from you as we can 'test' your evidence by putting further questions to you which "XYZ" may do if this matter proceeds to a Court hearing. Such questions cannot be put by email as they may only arise in the context of other questions.

In any event if this matter progresses we will require a meeting with you in order to prepare your Witness Statement. It is better to prepare that Statement now (in draft) so that we have your evidence before despatching the Letter of Claim or issuing proceedings. As I say above without this evidence your claim does not have sufficient merit to take forward and I would not recommend that you do so.

I look forward to hearing from you and would stress again that a meeting with you is essential to progress your claim

I just can't get to their offices, it's impossible for me at the moment and what concerns me is that if I don't go and they drop the claim could they say that I went against their advice and therefore claim costs from me re the CFA ?

I certainly didn't ever think I would have to go and stand in a court just to claim back a miss-sold PPI, at best I thought it would be concluded by letter or at worst the solicitor would attend court on my behalf if it went that far.

Any thoughts please.

I cannot believe that they need a witness statement for going to court to claim back PPI. What a load of tosh in my eyes!!! Was it only the PPI you actually went to claim back via Loancheck. I take it your complaint was pre 2005 and the firm was not a member of GISC or a bank?? If this is the case then perhaps courts were your only option BUT still they should accept your complaint in writing and surely if you only ever wanted to claim back the PPI then you could have instructed your own independant solicitor to do this job for much less charges (as it seems now they have changed their terms and are asking for money from people so some say on here.)and not a two year wait.

fedupwiththeworry

marshallka wrote: »

I cannot believe that they need a witness statement for going to court to claim back PPI. What a load of tosh in my eyes!!! Was it only the PPI you actually went to claim back via Loancheck. I take it your complaint was pre 2005 and the firm was not a member of GISC or a bank?? If this is the case then perhaps courts were your only option BUT still they should accept your complaint in writing and surely if you only ever wanted to claim back the PPI then you could have instructed your own independant solicitor to do this job for much less charges (as it seems now they have changed their terms and are asking for money from people so some say on here.)and not a two year wait.

I've just looked back through my files and the heading they use is "Your claim for loss arising out of a loan agreement with XYZ"

I've checked the original agreement and it states "your claim for compensation against XYZ relating to a loan agreement for borrowing in the sum of £ XYZ"

However I only ever wanted to persue the PPI and that is all I've ever filled out questionnaires about albeit a letter I had back in 2008 I've noticed does refer to claims in the plural. I never spotted that at the time and they've never mentioned in any correspondance any other claim than the PPI. In fact the letter requesting the meeting specifically refers needing the meeting to "take a more detailed statement from you concerning the sale of your payment protaction insurance policy".

I cannot see how they can think they can act on the loan itself without asking me first, and I state again any questions asked of me have been about the PPI only, I don't have any problem with the loan itself and don't see how they could either.

Do you think that they can end the agreement and claim costs from me for not attending the meeting because I'm not fullfilling my obligation to them about following their advice ?

My god what a nightmare.

They've also got another case but I haven't had any update about that one yet, that also goes back a couple of years.

marshallka

fedupwiththeworry wrote: »

I've just looked back through my files and the heading they use is "Your claim for loss arising out of a loan agreement with XYZ"

I've checked the original agreement and it states "your claim for compensation against XYZ relating to a loan agreement for borrowing in the sum of £ XYZ"

However I only ever wanted to persue the PPI and that is all I've ever filled out questionnaires about albeit a letter I had back in 2008 I've noticed does refer to claims in the plural. I never spotted that at the time and they've never mentioned in any correspondance any other claim than the PPI. In fact the letter requesting the meeting specifically refers needing the meeting to "take a more detailed statement from you concerning the sale of your payment protaction insurance policy".

I cannot see how they can think they can act on the loan itself without asking me first, and I state again any questions asked of me have been about the PPI only, I don't have any problem with the loan itself and don't see how they could either.

Do you think that they can end the agreement and claim costs from me for not attending the meeting because I'm not fullfilling my obligation to them about following their advice ?

My god what a nightmare.

They've also got another case but I haven't had any update about that one yet, that also goes back a couple of years.

Personally I wouldn't think that they could put any sort of conditions on "you" but that is my opinion and I have no legal training and have no idea of what you signed in regards of terms and conditions. I'm sorry, I have no idea about your position in that if you do not attend but surely if you only ever wanted your PPI back then I cannot believe that they would need this meeting? I would ask exactly what they are planning to claim back for you and also if you are still liable to no costs at all should you claim be dismissed or you do not win. Also you need to know if you win are you allowed to keep all your redress without any charge to yourself? I would want everything in writing before a meeting TBH. You need to go through all that "you" signed in the beginning and also the terms and conditions that you had with both Loancheck and the solicitors. Also wasn't your case already assessed before by Loancheck? I really don't know why this is now being assesed again????

maxdp

THOMAS123 wrote: »

maxdp wrote: »

Check out this links it puts loancheck and black knight together.
/QUOTE]

Your right but not for the obvious reason (see my earlier post)

Software houses often register domains in their own name until the client has paid them for the site, if you get my gist!!!!

So are you saying that Black Knight have nothing to do with LoanCheck at the moment? How do you know that Thomas123? Who does hold the Loancheck client information at the moment? Who is referring these cases and deciding whether they should be taken further?

fedupwiththeworry

marshallka wrote: »

Personally I wouldn't think that they could put any sort of conditions on "you" but that is my opinion and I have no legal training and have no idea of what you signed in regards of terms and conditions. I'm sorry, I have no idea about your position in that if you do not attend but surely if you only ever wanted your PPI back then I cannot believe that they would need this meeting? I would ask exactly what they are planning to claim back for you and also if you are still liable to no costs at all should you claim be dismissed or you do not win. Also you need to know if you win are you allowed to keep all your redress without any charge to yourself? I would want everything in writing before a meeting TBH. You need to go through all that "you" signed in the beginning and also the terms and conditions that you had with both Loancheck and the solicitors. Also wasn't your case already assessed before by Loancheck? I really don't know why this is now being assesed again????

Well I've fired off a response asking the questions so will have to wait and see.

Unfortunately the agreements i.e. the CFA would need me to hire another solicitor just to understand the legal jargon used, my god how the man in the street is supposed to understand it is beyond me. Having said that I did read before signing and my understanding was that I would only be liable if I pulled out or accepted a payment that wasn't agreed by the solicitor/counsel.

Having said that because it's so confusing I've probably signed my life away

tiggrae

fedupwiththeworry wrote: »

Well I've fired off a response asking the questions so will have to wait and see.

Unfortunately the agreements i.e. the CFA would need me to hire another solicitor just to understand the legal jargon used, my god how the man in the street is supposed to understand it is beyond me. Having said that I did read before signing and my understanding was that I would only be liable if I pulled out or accepted a payment that wasn't agreed by the solicitor/counsel.

Having said that because it's so confusing I've probably signed my life away

a witness statement is normal in court proceedings - what's wrong with a conference call - plus if they try to go to you for any money under anything you've signed I would claim it as an unfair contract term under the Unfair Consumer Contract Terms Regulations 1999

marshallka

tiggrae wrote: »

a witness statement is normal in court proceedings - what's wrong with a conference call - plus if they try to go to you for any money under anything you've signed I would claim it as an unfair contract term under the Unfair Consumer Contract Terms Regulations 1999

We don't know the terms of the contract are though tiggrae? Its a bit of a shame that people have to take to court the solicitors who tried to help with problems with their debts in the firstplace:eek:. You could then run into the same problems again and again. This is where terms in agreements need to be written in a way that "we" the common man understand. Aren't solicitors supposed to work with you and not against you? Who can you trust if you cannot trust your solicitor??

lesley65

fedupwiththeworry wrote: »

Well I've fired off a response asking the questions so will have to wait and see.

Unfortunately the agreements i.e. the CFA would need me to hire another solicitor just to understand the legal jargon used, my god how the man in the street is supposed to understand it is beyond me. Having said that I did read before signing and my understanding was that I would only be liable if I pulled out or accepted a payment that wasn't agreed by the solicitor/counsel.

Having said that because it's so confusing I've probably signed my life away

hi there fed up

i too am in the same boat, my solicitor also said when i spoke to him last if this was to progress further then we would need to meet up due to how much the claim was worth (and if you've read my posts you will know the only person that is going to really benefit is himself)
the trouble is we signed these documents so long ago now its difficult to remember what was exactly said, who is your solicitor?
i do know that i also only ever wanted my ppi back and when i questioned if this was a definately no win no fee agreement i was told not to worry as all that i won would be mine and the solicitor would reclaim all of his costs from the lender, how the goal posts seem to be moving now though!!!!!!

i did try and call my solicitor today but surprise surprise could not get to speak to him. i will try him again tomorrow and if i find out anything of any use i will keep you posted, the more info we can find out the better.

regards

lesley x