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Caught in a legal web?
Mabo123
Posts: 4 Newbie
Hello all.
Sorry for the long first post, but I need advice quickly to meet a July/August court deadline. Below is a brief outline of my plight and my PPI/CC nightmare.
I took out a credit card claim with 'Ratio' in 2008 against Halifax plc on the advice of a financial advisor, and paid £235 to them.
In late 2009 I was advised that Ratio was no-more and that my file along with others had been taken up by a law firm for processing.
In 2010, this law firm set out the basis of the claim as an unenforceable credit card, and sent out a 'no-win, no-fee' contract with a bill for £245. On querying this charge I was informed no monies had been forwarded to them by by the recievers dealing with the Ratio aftermath. This money would cover my legal fees during the claim.
Since then, Halifax have delayed and missed deadlines set for responding to requested informatiuon by the solicitors. My case has also been passed down the ranks from senior litigation solicitor to junior and I have repeatedly had to ask for updates as to progress on knowing set deadlines have passed.
During the process I was asked if I had ever paid PPI to which I responded I had. The solicitors then said they would add this to the claim from Halifax. I queried if this would detract from the main claim of the unenforceable credit card and they said 'no, in fact it would strengthen it'.
Late 2011 I recieved a cheque from Halifax along with a letter stating that this was in full payment for PPI and all other claims as agreed. I contacted the solicitors who were unaware of any such agreement and advised me not to cash the cheque or confirm any agreement wih Halifax. They then sent me a letter of Order saying I agree to the payment in relation to PPI and instruct the Law firm to act on my behalf. Again I asked if this would affect my main claim and again was told 'no'.
Within a week I recieved a bill from the Law firm saying the PPI constituted a 'partial win' and have since had to pay another £250 for a pre trial hearing to court along with £1800 to the law firm.
Within the last 2 weeks I have been informed by the solicitors that the court have asked for further fees totalling £645 and that the insurance firm the Law firm had no longer covers 'my kind of case', and though they are trying to find a replacement, I could be found liable for Halifax's legal expenses up to now and more if I lose!
I feel totally stuck with not being able to pay for the case to go forward, nor being able to pay for any fees if demanded.
Would a false PPI make a credit card agreement unenforceable?
And does it sound like the Law firm has acted as improperly by not keeping me informed of possible costs and even be accused of borderline misinformation?
There latest advice is that if I miss the court deadline and the case is thrown out, then I'm going to be paying out massively anyways. I feel totally misled and worried senseless as I cannot afford things either way.
Any help or advice greatly appreciated and more details freely offered.
Sorry for the long first post, but I need advice quickly to meet a July/August court deadline. Below is a brief outline of my plight and my PPI/CC nightmare.
I took out a credit card claim with 'Ratio' in 2008 against Halifax plc on the advice of a financial advisor, and paid £235 to them.
In late 2009 I was advised that Ratio was no-more and that my file along with others had been taken up by a law firm for processing.
In 2010, this law firm set out the basis of the claim as an unenforceable credit card, and sent out a 'no-win, no-fee' contract with a bill for £245. On querying this charge I was informed no monies had been forwarded to them by by the recievers dealing with the Ratio aftermath. This money would cover my legal fees during the claim.
Since then, Halifax have delayed and missed deadlines set for responding to requested informatiuon by the solicitors. My case has also been passed down the ranks from senior litigation solicitor to junior and I have repeatedly had to ask for updates as to progress on knowing set deadlines have passed.
During the process I was asked if I had ever paid PPI to which I responded I had. The solicitors then said they would add this to the claim from Halifax. I queried if this would detract from the main claim of the unenforceable credit card and they said 'no, in fact it would strengthen it'.
Late 2011 I recieved a cheque from Halifax along with a letter stating that this was in full payment for PPI and all other claims as agreed. I contacted the solicitors who were unaware of any such agreement and advised me not to cash the cheque or confirm any agreement wih Halifax. They then sent me a letter of Order saying I agree to the payment in relation to PPI and instruct the Law firm to act on my behalf. Again I asked if this would affect my main claim and again was told 'no'.
Within a week I recieved a bill from the Law firm saying the PPI constituted a 'partial win' and have since had to pay another £250 for a pre trial hearing to court along with £1800 to the law firm.
Within the last 2 weeks I have been informed by the solicitors that the court have asked for further fees totalling £645 and that the insurance firm the Law firm had no longer covers 'my kind of case', and though they are trying to find a replacement, I could be found liable for Halifax's legal expenses up to now and more if I lose!
I feel totally stuck with not being able to pay for the case to go forward, nor being able to pay for any fees if demanded.
Would a false PPI make a credit card agreement unenforceable?
And does it sound like the Law firm has acted as improperly by not keeping me informed of possible costs and even be accused of borderline misinformation?
There latest advice is that if I miss the court deadline and the case is thrown out, then I'm going to be paying out massively anyways. I feel totally misled and worried senseless as I cannot afford things either way.
Any help or advice greatly appreciated and more details freely offered.
0
Comments
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You need to make a formal complaint to the solicitors. They are required to have a complaints policy in place.
Sounds as if you haven't been given proper information about the claim or the 'after event insurance' which was supposed to cover your costs. You haven't been kept informed about timescales and costs.
You need to make sure that your complain is dealt with urgently given that there are key dates which need to be met. If you aren't satisfied with their response then you can complain to the Legal Ombudsman.
However, this all takes time. I'm not sure what to advise about your ongoing claim. I'm afraid.Total Debt Sept 2010 - £24,132.38 / Current - £0.00/ 100% paid
DFD - [STRIKE]Aug 2014[/STRIKE] 24th Aug 2012
£10 a day // Jun - £64/£300 / Jul - £133/£310 / Aug - £281/£3100
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