PPI Reclaiming discussion Part II

Elsie2_2

I sent A&L all the appropriate paperwork via the moneyclaim online people as a small claim, and the 28 days they get to respond came and went and i won through default. I then asked for judgment to be enforced and paid another £50 for a bailiff to go into MBNA/A&L and the following day, i was told they had now responded and were asking for the judgement to be set aside.

I have today received a document from the court advising they have been given a court date of the 3rd july to have the judgement set aside which if i want to continue with the small claim, i have to attend it also. Eek.

Elsie2_2

I've received a letter from the court stating that First Direct are choosing to defend my small claim and we have been given a court date. This isn't the first time this has happened to me, and every other time, they have left it until the absolute last minute before sending me a cheque and i'm hoping this will be the case for these people. I now have two court dates one day apart. It'll be interesting to see if they attend.

m.colak

Elsie2 wrote: »

I sent A&L all the appropriate paperwork via the moneyclaim online people as a small claim, and the 28 days they get to respond came and went and i won through default. I then asked for judgment to be enforced and paid another £50 for a bailiff to go into MBNA/A&L and the following day, i was told they had now responded and were asking for the judgement to be set aside.

I have today received a document from the court advising they have been given a court date of the 3rd july to have the judgement set aside which if i want to continue with the small claim, i have to attend it also. Eek.

Don't panic. Its a hearing where they will be able to explain why they want it too be put aside. Make sure you take plenty of evidence about giving them lots of time to respond and also take with you a breakdown of the costs it took for you to attend the hearing and how much you have lost by attending the hearing and remember to take how much it cost for the warrant with you too. Then if the Judge rules in their favour all that means is that they will have to ensure filing a proper defense within 14 days and your costs are a condition of said court order and to be paid within the same time line. If they don't defend or don't pay you your costs (ask for a cheque just to be more differcult) within the 14 days then you need to send a request to reissue the judgement and add 8% statuatory interest which had been frozen before.

Dicky2K

m.colak wrote: »

Seems good. As for the font rubbish you can overcome it by copying it too notepad and then copying it straight to MSE (Just a little tip). As for the pint don't worry. Buy yourself one on me, whilst you sit on a sun lounger in the back garden enjoying the sun.

Do you do this for a living or somthing?? Or just help people out the goodness...? People would pay a fortune for your help/advice..

Thank you


Oh yeah, Also .. Dont put any of the figures in that you gave me yesterday, just send the letter as it is??

Regards, Richard..

m.colak

Dicky2K wrote: »

Do you do this for a living or somthing?? Or just help people out the goodness...? People would pay a fortune for your help/advice..

Thank you


Oh yeah, Also .. Dont put any of the figures in that you gave me yesterday, just send the letter as it is??

Regards, Richard..

No i don't do it for a living, have been in the same position as everyone and just like to help. Don't want any money for doing this as I only want people to get back what is owed to them. You could include the figures or not but i personally wouldn't on the first letter. Let them give you a actual contact name and address first and then it them you start informing. Don't give out any further information than you need to. Keep those figures as an ace in the hat and produce it when you say you're taking it to the FOS if you get no joy.

Dicky2K

You're a gent. Thank you very much.
Ill keep you informed!

Regards

sarahc5388

sarahc5388 wrote: »

Wow, thanks, that's much more betterer than mine - cut and pasted and send has been hit! If I ever meet you I owe you a rather large beer, will let you know of any response! Also had a letter re my PPI claim, they are investigating and I will have an update or an answer as soon as possible but no later than 9 jun 08, so the count down has begun, will let you all know what they say.

Hi, do how long do they have to respond if I sent this vis my online banking through the complaints bit? Many thanks

m.colak

sarahc5388 wrote: »

Hi, do how long do they have to respond if I sent this vis my online banking through the complaints bit? Many thanks

Sorry i don't know for certain. However at least you have a record of delivery and i am guessing the same rules apply of the maximum period to reply to a complaint apply.

fanofmartin_2

Has anyone here had any dealings with citifinancial? If so what were they like. To be honest they have been a bit underhand with us and have now got a suspended repossesion order on the house- we're fine as long as make payments inc arrears payments. Just concerned they could retaliate by taking the house away.

jadest

fanofmartin wrote: »

Has anyone here had any dealings with citifinancial? If so what were they like. To be honest they have been a bit underhand with us and have now got a suspended repossesion order on the house- we're fine as long as make payments inc arrears payments. Just concerned they could retaliate by taking the house away.

I am no expert but as long as you keep up your payments that you have agreed to with them, I don't think they can touch your house even if you do claim. They may however use the money that they pay you back to settle whatever arrears you have, that is if you haven't caught up with payments when they eventually pay you out. Good luck I am in simular position and I have put claim in. I did ask at citizens advice before putting claim in and that is what they told me.