PPI Reclaiming discussion Part II

alleybabes

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.

Hi can you tell me what reason they used to have the default put aside? i take it they sent you a copy ? thanks its just im in the same boat but havnt heard anything back about whether they are allowed to have it put aside,i think its disgusting that they are allowed to do it

Laini

Laini wrote: »

I can understand it but might ask you to have a look at the one I will try to do myself for Nemo figure
TTFN
Laini xx:j:j:j:wave:

post has just arrived (yep 2pm sometimes its even later-I think its a pigeon who brings it)but nothing from FP only from the FOS to say they said that if we dont hear anything from FP in the next 4 weeks then call him or if we have any bother with them and the final settlement.
so postie got away without me wrestling him to the ground for the post
I will be on patrol again tomorrow waiting for it.
Laini xxx:j

m.colak

alleybabes wrote: »

Hi can you tell me what reason they used to have the default put aside? i take it they sent you a copy ? thanks its just im in the same boat but havnt heard anything back about whether they are allowed to have it put aside,i think its disgusting that they are allowed to do it

Hi,

All it is is another stalling trick. What happens is there is a hearing to determine if the judgement is to be put aside. This means that the case is opened up again and then they are given additional time to file a defence (Thats if the judge rules in their favour). The case will be heard in your local court make sure you take along all your documentation relating to how long you've given them already to file the defense and also take along receipts of expense required to attend the hearing including the calculations for a days wage and the cost of the warrant (if issued). They will be given 14 days to defend the case (which they probably won't) and then the judgement will stand with a side order of your expense's.

marshallka

m.colak wrote: »

So like me you have learnt alot already. It is amazing that the government allows these sharks to operate in this country but keep trucking and it will come honestly. Is there anything i can help with or are you ok at the moment?

Yeah there is, why did firstplus take 1st charge over my property when i took the loan. We then tried to get out so many times and each time i requested a settlement from them as if by magic the interest rate went up at the same time. They made it so difficult to ever leave them by having 1st charge. When we remortgaged they would not send the deed of postponement to our new mortgage company and we had to employ a solicitor and also pay firstplus for this deed. This deed was to place our new mortage company as the 1st charge. We still had to keep the loan because although i thought we were remortgaging enought to pay them off the settlement was always way over the amount we could get otherwise. They also kept saying to extend the loan on my phone calls that i have the tape of when i am saying we cannot afford the repayments or lets see if we can help with another loan.

take a look at sections 31 to 37 on this. And firstpus don't want to take any blame for this. Yeah right.... also they did not know a phone number or address for this Bespoke Finance (the totally untouchables in Gibraltar) and had to write several days later with it.

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft192v2.pdf

m.colak

Dicky2K wrote: »

m.colak, Any chance you could send my worksheet to me that you did the other day.. Its no problem if you cant.. or if you dont have it saved.. - but its worth asking. Im sure your workings are a lot tidier than mine..
Thanks
Regards, Richard

Hi Richard,

have just done the sheet for you, pm your email address and will send it. Ps there is some differences in the figures (not major ones) think my PPI calculator wasn't working properly so have done it the old style way.

m.colak

marshallka wrote: »

Yeah there is, why did firstplus take 1st charge over my property when i took the loan. We then tried to get out so many times and each time i requested a settlement from them as if by magic the interest rate went up at the same time. They made it so difficult to ever leave them by having 1st charge. When we remortgaged they would not send the deed of postponement to our new mortgage company and we had to employ a solicitor and also pay firstplus for this deed. This deed was to place our new mortage company as the 1st charge. We still had to keep the loan because although i thought we were remortgaging enought to pay them off the settlement was always way over the amount we could get otherwise. They also kept saying to extend the loan on my phone calls that i have the tape of when i am saying we cannot afford the repayments or lets see if we can help with another loan.

take a look at sections 31 to 37 on this. And firstpus don't want to take any blame for this. Yeah right.... also they did not know a phone number or address for this Bespoke Finance (the totally untouchables in Gibraltar) and had to write several days later with it.

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft192v2.pdf

Yep it certainly looks like they were in breach of this however we still stuck with the same problem that the FOS won't get involved in the PPI element. Any thoughts on what you are going to do next?.

marshallka

m.colak wrote: »

Yep it certainly looks like they were in breach of this however we still stuck with the same problem that the FOS won't get involved in the PPI element. Any thoughts on what you are going to do next?.

It states in that from the oft (link above) about insurance sales and this was in 1997 so why can they not get involved. It was the way in which it was sold. It states that in section 29 for non status lending. I think this applies to me so surely this has some bearing on my claim. They (Firstplus or Freedom or Bespoke) persuaded us (by telling us it was a condition of the loan). They got us to sign for this when it was not in our interests so if the fos can not do anything i will have to take this to court. (although i think they should) as these rules applied to non status lenders (as firstplus were with selling 125% loans) and we could not of got that loan or any like it ordinarily.

m.colak

marshallka wrote: »

It states in that from the oft (link above) about insurance sales and this was in 1997 so why can they not get involved. It was the way in which it was sold. It states that in section 29 for non status lending. I think this applies to me so surely this has some bearing on my claim. They (Firstplus or Freedom or Bespoke) persuaded us (by telling us it was a condition of the loan). They got us to sign for this when it was not in our interests so if the fos can not do anything i will have to take this to court. (although i think they should) as these rules applied to non status lenders (as firstplus were with selling 125% loans) and we could not of got that loan or any like it ordinarily.

Yes but the FOS is an arbitary service and companies don't have to sign up to them. The FOS mediates in disputes and companies whom sign up to them agree to abide by their decisions. If it is a flagrant abuse then it should be highlighted to the OFT then they will investigate and fine the company in question.

marshallka

m.colak wrote: »

Yes but the FOS is an arbitary service and companies don't have to sign up to them. The FOS mediates in disputes and companies whom sign up to them agree to abide by their decisions. If it is a flagrant abuse then it should be highlighted to the OFT then they will investigate and fine the company in question.

I am not understanding here. ( i had to look flagrant up). What are you saying? Are you saying that the OFT guidelines mean nothing except a rap on the fingers now and again and don't stand for anything in court and that the FOS will not fight under these circumstances.

m.colak

marshallka wrote: »

I am not understanding here. ( i had to look flagrant up). What are you saying? Are you saying that the OFT guidelines mean nothing except a rap on the fingers now and again and don't stand for anything in court and that the FOS will not fight under these circumstances.

No the OFT is a government body that regulates the trading and actions of companies in view to the consumer. Setting guidelines and policies which are endorsed by the FSA in relation to financial services. The FOS is an independant body whom work as a recognised arbitratoir to companies whom have signed to abide with their decisions. Which they base on OFT guidelines and FSA regulations. That is why in the bank charges case it is up to the OFT to decide whether or not charges are unfair under the unfair terms and conditions stated in the Consumer Credit Act 1967. The are investigating which will then be passed by the FSA into an Act which will then amend current Acts.