PPI fraudulent claim

lambretta1965

Hi, I was power of Attorney for my mother's finances so a second name on her NatWest account as she had Dymentia. I mentioned to her that she should claim PPI as she never had all her life as a NatWest account holder.  I filled the form in for her as she was not capable, and sent it off and forgot about it. Unfortunately she died and due to my name on the account, it was transferred to me. Around a year after she died my partner rang me at work and said DCBL had knocked on the door demanding £2,300 and if it wasn't paid they would remove goods. My partner paid but she asked repeatedly what it was for but the Bailiffs wouldn't tell her. When I got home I had great difficulty ringing the bailiffs and trying to get information about what the writ was for. They just mentioned probably PPI. I then seeked advice and did a N244 form to stay the writ if I've got that right. Anyway i ended up going to court to challenge this and found out it was NatWest my mother's account. The money was for the claim company's 30% that hadn't been paid. I explained to the judge that there was never any money paid into my mother's account for PPI. The judge said to go and get evidence and come back, so another court date was set. The judge must have seen that I was truly puzzled about the situation. I actually did not receive any paperwork from the company Claim4U Ltd whatsoever, and found out when I read their statement given to the court as evidence they had only a sort code which was my mother's bank but no account number! There was also dates that did not match up to where I was living, and writing on the form that I originally filled in that was not in my hand writing. They also called me a liar and really defamed my character in their witness statement saying I was basically lying! Anyway I supplied the court with bank statements from my mum's account which is now mine to show no money had ever been paid in. Also NatWest provided me with a letter to say I've never had a account with them, and never had a loan or claimed PPI. I also got a letter from the Revenues and Benefits showing the date I moved out of my flat to show when I stopped paying poll tax. This letter was important because on the form the date which isn't in my writing says I should of been at the address when I had actually stopped living there. I believe they have cut and pasted my signature and pre dated it as the date is not in my writing. The moral of this is they have the money already and I want it back as there was never any money paid into the account and with my evidence will I win? 
My next court case is on the 14th of December. I would just like your opinion. 
Many thanks, 
Dean 

[Deleted User]

Was there any debt or unpaid money on the card? Natwest may have offset any refund on the account against that.
You need to urgently get Natwest to confirm if they paid anything out - PPI companies do not get the money, it's paid to the card holder, then the bank alert the PPI firm who send their bill. If they believe they are owed something then almost certainly Natwest paid out and your mother had the money (which you'd need to trace) or offset it against old debts (in which case the PPI firm should not have taken on the case - unless you didn't tell them there was old debt).

Nearlyold

Can you break it up into paragraphs please it's too difficult to read.

lambretta1965

There has never been any debt, and nothing was paid into my mother's account. I also have a letter of proof from NatWest to take to court. 

knightstyle

Do not forget to ask the judge to award you considerable damages, interest and costs. Get a paper ready with estimates of the last two.  Make sure you report them to all the relevent authorities as well.

[Deleted User]

OP hasn't suffered any loss, so no need for damages
PPI refunds have 8% simple interest added to them
Costs - let's hope the OP doesn't lose or should we be advising the bank to ask for costs from OP?

Dr_Crypto

You can certainly claim certain costs such as postage and parking at court etc. In certain circumstances you can claim for your time.

jonesMUFCforever

A christmas tale...............let's hope for a happy ending.