PPI Reclaiming discussion Part II

marshallka

ednoni wrote: »

Hi all,

I was wondering if there was anyone out there that could help me.

As previously mentioned, I went to court with Creation and they failed to provide a defence. I have therefore issued a judgement to them to refund all my PPI money 22 days ago.

I phoned Creation today and they stated that the matter was with their lawyer, who is in meetings/conference and will call me on Monday or Tuesday.

This has worried me a bit now as I was under the impression that the judgement by default is a final judgement and that they should pay me the monies owed immediately.

Does anybody know anything different? Are they still within any rights not to pay me?

Any help would be appreciated.

First of all congratulations on having the bottle to go to the courts.


Have they applied for judgement to be set aside?? Don't know much but just googled this


The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks:

• you have real chance of a successful defence to the claim,

OR

• the court thinks you have a "good reason" to set aside the judgment e.g. where you did not get the papers through the post.

What happens to a judgement that is 'set aside'?

If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and you have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim. Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the County Court Register until a new judgment is made.
If a new judgment is made it will be recorded for six years on your credit file from the date of the new judgment.

ednoni

Thanks,

I have not heard that they have requested for the judgement to be put aside.

They originally acknowledged the claim to the court and on their acknowledgement they noted they would file a defence. They did not do so within the 28 days.

Guess I will have to wait and see what the lawyer says on Monday.

cot1198

I got a reply from Ocean yesterday

As expected totally reject my complaint of mis-selling PPI
Oh well second letter going off today recorded delivery

di3004

ednoni wrote: »

Thanks,

I have not heard that they have requested for the judgement to be put aside.

They originally acknowledged the claim to the court and on their acknowledgement they noted they would file a defence. They did not do so within the 28 days.

Guess I will have to wait and see what the lawyer says on Monday.

All the best, fingers are crossed for you.;)
Let us know hun thanks.;)

Di.
x

di3004

cot1198 wrote: »

I got a reply from Ocean yesterday

As expected totally reject my complaint of mis-selling PPI
Oh well second letter going off today recorded delivery

Aww, never mind hun - keep fighting, everything crossed here, shame it was not successful first time round - but as you know they all fob us off at that stage, well most of them anyway......:rolleyes: , keep at them, you will get there, good luck!
Di.
x

pinknico

ednoni wrote: »

Thanks,

I have not heard that they have requested for the judgement to be put aside.

They originally acknowledged the claim to the court and on their acknowledgement they noted they would file a defence. They did not do so within the 28 days.

Guess I will have to wait and see what the lawyer says on Monday.

If I were you I would call the court and see where you stand,they should tell you. In my opinion they had their time and you won by default . The court will tell you if you ring don't be fobbed off by creation.

di3004

Marshallka

Do you think I should inform the FSA that I have also wrote to the OFT hun ?
Cheers.:D

gardenrose

Ppi Reclaim
Hi I am knew to this forum. I would appreciate some advice. I sent a letter to Barclays on 28th May, about reclaiming ppi. I had a letter back to say they had recieved it. I then heard nothing for about 8 weeks. Then I had a letter to say that they were still looking into my case. 4 weeks ago I had a phone call from Barclays on a Sunday morning:cool: they had a few questions to ask me. I answered as well as I could, considering the initial loan I took out was 7 years ago. I was told I would be hearing from them very soon.

Well I havent heard back from them as of yet.:mad: :mad:
Any suggestions will be well appreciated.

di3004

gardenrose wrote: »

Ppi Reclaim
Hi I am knew to this forum. I would appreciate some advice. I sent a letter to Barclays on 28th May, about reclaiming ppi. I had a letter back to say they had recieved it. I then heard nothing for about 8 weeks. Then I had a letter to say that they were still looking into my case. 4 weeks ago I had a phone call from Barclays on a Sunday morning:cool: they had a few questions to ask me. I answered as well as I could, considering the initial loan I took out was 7 years ago. I was told I would be hearing from them very soon.

Well I havent heard back from them as of yet.:mad: :mad:
Any suggestions will be well appreciated.

Hi there hun.
I think there were also some replies to your post on here yesterday too hunni, you may have missed, but I do know that realistically everything should be in writing, so write a quick letter and tell them you have heard nothing and will be contacting the information commissioners office here
http://www.ico.gov.uk/complaints.aspx

In my opinion they are using stalling tactics, so hun, get back to them by via email and/or letter to tell them you can wait no longer, and also get in touch with the FOS here
http://www.financial-ombudsman.org.uk/contact/index.html

Explain your situation to them and see if they would be able to look at your complaint now because of the 8 weeks that have already passed, explain everything and with a bit of luck they will be able to advise you from there, but other than that personally I would not speak to them over the phone, as you also need as much written information as possible to back your case if this does go as far as the FOS.
They may try fobbing you off on the phone.

I did say at first yesterday to call them hun but do not bother and check out the other replies to this, it may be a few pages back but I do know there are some.

Please let us know how you go, thanks.;)

Di.
x

marshallka

di3004 wrote: »

Marshallka

Do you think I should inform the FSA that I have also wrote to the OFT hun ?
Cheers.:D

Di, really I do not know. Reading what tiggrae wrote last night then apparently its not worth informing anyone as it could been seen as trying to close a perfectly legit company down and you may be wasting your time here. I would ask her again but cannot comment here.

I wrote my piece earlier on this but seems to me I may be only one thinking like this and that the law and legal system think different so maybe I have a warped mind. I am not a legal person at all but tiggrae is so perhaps listen to her here. It may all be for nothing and also you could be seen as trying to close the company down rather than fighting for your rights.

I saw this as fighting for change and also fighting for what is YOURS.