PPI Reclaiming discussion Part II

maxdp

nothingwitty wrote: »

Please, please can someone explain what happens when judgement by default is obtained? I too have obtained judgement by default, though no application to set it aside has yet been received. Thing is, as much as I have searched this site I cannot find info anywhere on what happens when a default judgement is granted - only that one can be awarded where a bank (in this case) fails to acknowledge or defend (the latter in my case). I'm sure there are many users obtaining judgement by default but it's abit of a black hole as to what happens next...

How long should I wait for them to pay, allowing for reasonable time? What happens when they apply for the judgement to be set aside? If judgement has already been entered, why are they allowed to change it, especially if they didn't bother defending it in the first place? How long to I wait before obtaining a warrant? Have I actually won when I receive a judgement by default? Lots of questions I know... hoping for lots of answers... I know loads of people will appreciate it...

Thanks folks!!!:o

Dont know if this helps
Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court.
In a civil trial involving damages, a default judgment will enter the amount of damages pled in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue.
A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.
http://en.wikipedia.org/wiki/Default_judgment

nothingwitty

maxdp wrote: »

Dont know if this helps
Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court.
In a civil trial involving damages, a default judgment will enter the amount of damages pled in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue.
A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.
http://en.wikipedia.org/wiki/Default_judgment

Thanks. Kinda new some of that but very grateful nonetheless. Am more trying to figure out what it actually means in practice i.e. where it leaves me after I have been awarded it. Can bank just not pay? How long do they have to pay? What constitutes a proper excuse on the part of the bank not filing a defence?

Very grateful for your help. Much appreciated. Hope others can also help as I have a feeling many people will have the same questions!

Thanks again

maxdp

nothingwitty wrote: »

Thanks. Kinda new some of that but very grateful nonetheless. Am more trying to figure out what it actually means in practice i.e. where it leaves me after I have been awarded it. Can bank just not pay? How long do they have to pay? What constitutes a proper excuse on the part of the bank not filing a defence?

Very grateful for your help. Much appreciated. Hope others can also help as I have a feeling many people will have the same questions!

Thanks again

Wish I could have been more help need tiggrae mcolak petermb homer-j etc perhaps they will log on later am sure:D

rosemahairy

maxdp wrote: »

Hi
am not an expert on these situations but I do know that they will do ANything to get out of paying money back. This does not sound right to me. I think it is time to get serious with them write a letter as set out in Martins PPI templates will take a while but am sure will be worth it in the end. If you have to take it to Financial Ombudsman they are extremely helpful.

Good luck;)

There are massive issues going on at the moment about companies like unbeneficial finance (haha) putting on single premium insurances and then charging interest on them. A report published by the FSA in 2007 completely frowned upon single premium policies and guidelines have been set out in relation to cancelling them and ensuring adequate refunds are applied see FSA website. What i would recommend is just get the thing cancelled put it in writing send it recorded delivery. In the letter put reference to the telephone conversation and express your concerns that adequate refund will be applied. Give them 7-14 days to reply or they will take the p. If they they dont reply write again tell them you are going to the Ombudsman. If they dont reply go to trading standards they will give you pretty immediate attention in getting the thing cancelled. Once the insurances are cancelled write to them sayiong you are unhappy at the way the refund has been calculated and you want it putting right. Give them 8weeks or until you get a final response before filling in the FOS comp[laint form and get them to claim it back. You should have no problem getting the money back via the ombudsman in relation to the pro rata issues although it may take a while

Anne.Jade

nothingwitty wrote: »

Thanks. Kinda new some of that but very grateful nonetheless. Am more trying to figure out what it actually means in practice i.e. where it leaves me after I have been awarded it. Can bank just not pay? How long do they have to pay? What constitutes a proper excuse on the part of the bank not filing a defence?

Very grateful for your help. Much appreciated. Hope others can also help as I have a feeling many people will have the same questions!

Thanks again

Hi, I have spoken to a solicitor here, where I work. He says that the bank would have to act quickly to get the judgment set aside and have good grounds i.e. it would have to be something like they did not receive any court papers. As to paying, it is in their interests to pay quickly as interest accrues on a daily basis, so the longer they leave it, the more it would cost them. If they don’t pay then you would have to enforce the judgment and you would have to pay a Court Fee for this but it would be added to the amount the Bank had to pay you. I doubt if it would get this far though as it wouldn’t really look good on the Bank and I am sure they would be in trouble with the FSA.

rosemahairy

money2008 wrote: »

Hi
I have phoned beneficial finance this morning to cancel the PPI
They have come back and said I can cancel it but it would only save me 0.46p off my monthly payments??? because of this Pro Rata thing, they were coming out with all this jargon to try and conufuse me. Not sure what to do now, is it letter time????

Beneficial finance are better known as HFC bank they have been fined for miss selling insurances after an investigation into their practices from jan 2003 by the FSA. You should have no bothered getting the money back. Check out the FSA website for a detailed analysis of their shocking findings (its long winded but interesting) there is info in there of them criticising the was the single premium insurances are refunded (the prorata nonesense). They will fob you off just stand your ground. My HFC case is with the FOS now

marshallka

marluc wrote: »

Hi Kaia
I actually waited for their defence before I asked for the information. But I do not see why you can't ask for ot now. I would personally send a letter, recorded delivery. You know what ....:mad: .. they are.
As a matter of interest, do you know which solicitors FF are using? I wonder if it is the same as the one for me? They are busy people...
I had to pay my £300 into court yesterday. I am now getting everything together as it has to be at the court + solicitors by June 9th.
Good luck kaia:beer:

What did you pay £300 for marluc. I too am going to fight FF for my ppi of jan 2000 (settled apil 2003) the same as kaia. I had my loan with Firstplus and apparently FF sold us the ppi. I have sent a complaint in to the FOS about FIrstplus as i think they actually sold the ppi. I had my SAR from Firstplus and it seemed it was added on the actual agreement and we did not ask for it on the application. We wanted 17k over 120 months and we got 17k, ppi of 4163 and then 160 months. My complaint is about the rule of 78 and that i wanted to know who actually sold the policy to us and if it was firstplus then could the FOS help. We have not heard anything back since. Freedom Finance have yet to send us a SAR and then they have told they were not regulated by anyone and that we need to deal with Bespoke Finance who are based in Gibraltar.... long story but we have never heard of these cowboys.

How did you start by taking them to court and what reasons etc. I have been told at the time we applied for our loan FF were working for Bespoke Finance (in Gibraltar). I may have to start mine soon when i get the response from the FOS of "sorry cannot help with this one" I don't know who to address my claim to though yet.

I have now read through your posts and realised what your £300 is for. I hope you win with these barstewards. They think they are above the law.

marshallka

TwinsMum wrote: »

Hi there one was September 2006 and the other August 2004 thanks for your help

Hi twinsmum, i have read your success and congratulations to it. It was with firstplus was it not. If so when did you take the loan and how long before you won etc. Did you go to the FOS or he court route. Also were Freedom Finance the brokers.

Thanks for any reply and sorry to be asking only you are the only person i know that has won.

bailey169

i am confused about repayment cover on credit cards, i got a credit card in sept 2004 and wasnt sure about cover and so presumably took it out without knowing too much about it.i am self employed and looking through the policy and if i was employed they would pay out from 30 days but being self employed have got to cease trading and not be in work for 6 months.i am still working but now paying about £35 per month on this cover.what should i do?

niemowle

hi, i have been trying to claim since December, had got all the usual fob off leters and over 2 weeks ago have writen to Barclays my last letter given them 14 days, they did not even acknowledged receiving it, anyway i have decided to write to the big boss of customer services and really hoping something will happen!!!anyway what i am trying to say is a big, masive thank you to this site for helping me so far, thanks. I am not going to give up, NOT JUST YET,

niemowle