MSE News: Banks put PPI claims on hold in defiance of regulator

TheBigDog

debt55 wrote: »

Bigdog - why not issue proceedings on all cases that are single premiums? 120 pounds at the online Moneyclaim site, use the Nemo poc.. will the Banks defend that?

There is no stay on claims in the courts as there was with bank charges.

The way forward and the way this site should be focusing more attention on, in the vein attempts to "help" the man on the street.

How can a bank defend against a mis-sold single premium?

Now - I think that this might be a useful tool for someone who wants to do it themselves - but I think it could run into difficulties for a CMC, and I'll explain why and how I work with my clients.

First of all, I follow the MoJ conduct rules and I always make sure that everybody knows that they can do this themselves - I've referred people on to here and other sites such as Which if people fancy having a go themselves, and I've got a lot of respect for people wanting to have a crack at it.

Most of my clients come from referrals - ie word of mouth. The biggest reason for someone becoming a client is that they either - haven't got the time to do it themselves, or cant be bothered having a fight with their bank. They prefer me to do it all for them and take the case on. Thats why they pay me to do it.

Now, under Court rules, I can only have rights of audience as a Lay Representative under the Small Claims Track (so, by and large, thats any claim below £5,000). I cannot represent if there's an appeal, and, more importantly, I can only be a representative if the client's in there with me. This poses a big problem for a few reasons.

Firstly, the clients instructed me to do it because they dont want to - any mention of having to attend court, they'll get jittery, and if we're going that far - then they might be better off doing it themselves. Secondly, I'm very mindful of CMC's asking for money upfront, and I work on a no win no fee basis, so I'm loathe to ask the client for Court fees, so I'll have to pay it.

What I'm really worried about, is that I'll lose control of the Claim, and I'm relying on the client to send me all the paperwork from the Court. I can't sign anything on the clients behalf, so all the paperwork goes direct to the client and not me - if my client forgets, or doesnt realise the importance, or just puts it off - ie - pops it on the mantlepiece and forgets about it (and we all do it), then the claim could be struck out. I can see big logistical issues with issuing claims.

However, Debt55, if I could retain total control and receive all the paperwork, the client was happy to come to Court, then I'd probably have a go - because I think there might be merit in it.

On a note of caution though, I wouldn't just charge in there like a bull at a gate at this present moment in time, because nobody knows whats going on. I think it's a strategy people could use, but see how the land lies in the next fortnight or so before rushing in.

Regards,

TBD.

marshallka

debt55 wrote: »

Consumers very rarely like to go to a court alone... maybe the mysteriously silent Mr Lewis and co could advise us consumers on our next move?

Be a month since the BBA action tommorow... and not a peep :eek:

Email him then!!!

debt55

marshallka wrote: »

Email him then!!!

Thanks, i shall, again, for the 7th time since the BBA action.

You can of course deduce the number of replies

!!

debt55

TheBigDog wrote: »

Now - I think that this might be a useful tool for someone who wants to do it themselves - but I think it could run into difficulties for a CMC, and I'll explain why and how I work with my clients.

First of all, I follow the MoJ conduct rules and I always make sure that everybody knows that they can do this themselves - I've referred people on to here and other sites such as Which if people fancy having a go themselves, and I've got a lot of respect for people wanting to have a crack at it.

Most of my clients come from referrals - ie word of mouth. The biggest reason for someone becoming a client is that they either - haven't got the time to do it themselves, or cant be bothered having a fight with their bank. They prefer me to do it all for them and take the case on. Thats why they pay me to do it.

Now, under Court rules, I can only have rights of audience as a Lay Representative under the Small Claims Track (so, by and large, thats any claim below £5,000). I cannot represent if there's an appeal, and, more importantly, I can only be a representative if the client's in there with me. This poses a big problem for a few reasons.

Firstly, the clients instructed me to do it because they dont want to - any mention of having to attend court, they'll get jittery, and if we're going that far - then they might be better off doing it themselves. Secondly, I'm very mindful of CMC's asking for money upfront, and I work on a no win no fee basis, so I'm loathe to ask the client for Court fees, so I'll have to pay it.

What I'm really worried about, is that I'll lose control of the Claim, and I'm relying on the client to send me all the paperwork from the Court. I can't sign anything on the clients behalf, so all the paperwork goes direct to the client and not me - if my client forgets, or doesnt realise the importance, or just puts it off - ie - pops it on the mantlepiece and forgets about it (and we all do it), then the claim could be struck out. I can see big logistical issues with issuing claims.

However, Debt55, if I could retain total control and receive all the paperwork, the client was happy to come to Court, then I'd probably have a go - because I think there might be merit in it.

On a note of caution though, I wouldn't just charge in there like a bull at a gate at this present moment in time, because nobody knows whats going on. I think it's a strategy people could use, but see how the land lies in the next fortnight or so before rushing in.

Regards,

TBD.

Yes, that makes perfect sense.

Not sure if you were around when all the bank charges were going on?

All a person needed to do back then was hit the bank with a claim, and if they did not cough up.. go to moneyclaim and file....

hey presto, within a fortnight the bank would surrender and pay up.

and there was sod all case law for bank charges or bans etc

with ppi we have the full house, banks stopped selling it, comp comm outlawed it... nemo.thorius caselaw as you know

not a chance they would defend, not a chance!

Alpine_Star

debt55 wrote: »

Thanks, i shall, again, for the 7th time since the BBA action.

You can of course deduce the number of replies

!!

Why would anyone want to respond to someone who's hurled abuse and insults at them on their own forum?

debt55

Alpine_Star wrote: »

Why would anyone want to respond to someone who's hurled abuse and insults at them on their own forum?

Evening Alpine hope you are well, you see, the so called "abuse" if that is what you wish to call it, lol, commenced after the 4th email.

Cheers.

marshallka

Alpine_Star wrote: »

Why would anyone want to respond to someone who's hurled abuse and insults at them on their own forum?

There is that I guess...!!!!

debt55

marshallka wrote: »

There is that I guess...!!!!

Is there? haha

marshallka

debt55 wrote: »

Evening Alpine hope you are well, you see, the so called "abuse" if that is what you wish to call it, lol, commenced after the 4th email.

Cheers.

Debt55, what did you actually ask him to do? I pm'd about what singlep had said about got a reply straight off. I think these things take time and perhaps something is going on in the background. I doubt he has completely forgotton about it. Perhaps he has no actual solid answers yet. Have you emailed the FSA?

marshallka

debt55 wrote: »

Is there? haha

Well you can be polite debt55 sometimes:). We have seen it on here!!!