PPI Reclaiming discussion Part II

YEOSAL

tiggrae wrote: »

Hi - the small claims court allocation doesn't take account of any interest on the principle amount - if you're heading for a hearing then the claim must already be within the small claims court so I wouldn't change it if I were you.

I think I have got a little confused here. I thought that the total amount (PPI + APR interest) before section 69 interest had to be under 5K, rather than just the PPI amount.

I have an order from Northampton 03/06/08 saying that the allocation questionnaire be dispensed with in this case. Have been trawling online to try to find information and the courts themselves are supposed to be able to help, but the woman I spoke to at my local court yesterday was rubbish.

I presumed that because there was no allocation questionnaire, it would be allcoated to fast track straight away which is why I was going to possibly scrap the claim.

I am feeling a little out of my comfort zone here

YEOSAL

marshallka wrote: »

hiya yeosal, our ppi was £4163 taken out jan 2000 and repaid april 2003 with a rebate of £91:mad:
We are maybe going to have to go the courts route like you. our apr was 13.9% so how do you get to that figure.

God, they are sharks arent they!

I searched online and found a caluclator to work out what the APR interest would be over 60 months on ppi amount.

Loan started 1998 and finished 2003 so worked out the monthly payment from Martins calculator of each and every payment to work out the 8% interest. Unfortunately his calculator does not go back far enough so had to do a few months entries at the earliest of his dates and not the correct dates. The S69 interest is over 3k.

I have messed up somewhere though as the defence have stated they do not understand my calulations .

I have now been given a spreadsheet which should work it out for me from a very kind MCOLAK - thank you, thank you!

tiggrae

fifikav wrote: »

my case has finally been passed to an adjudicant..after being with fos since October 2007. (i do realise they are horrendously busy!!!). After being asked by the adjudicant what my job was and what my understanding of ppi was...i have not heard anything (responded mid may). Can anyone give me any idea of the timescales involved once your case has been allocated???

thanks in advance xxx

Hi they usually take 4 - 6 weeks - so you should be hearing shortly !!!

marshallka

hi tiggrae, just spoken to the FOS about my complaint with Firstplus and misselling of ppi and unfair settlement (its down under unfair settlement with the FOS as they said they could not look at the ppi at first because it was so long ago) and they say they have written to firstplus for more information about the loan.

I have just asked the FOS about a document off Firstplus's computer about my husbands wages and the address it contained as it was not an address we had heard of. Its just an address with no name of company and its certainly not the company that he worked for. On our actual application is the real name and address and his earnings. I remember a phone call with FIrstplus some years ago where i was told they had my husbands earnings down as something considerably higher than they actually were. I then told them they had got it wrong and it was altered. Upon looking at this now it looks like these were "falsified" in order to get the loan in the first place. How do i stand with this matter. I know they changed the details of income after we remortgaged and there is a phone call of me actually telling them this but at the time i say to them "there is a mistake of my husbands earnings" it all goes blank. The thing is, although they then changed the income to his REAL income as of that year they forgot to change this details of employer to his REAL employer who is on the application form. How do we stand for misselling of the whole loan and what is out their to protect us. What do we have to prove with the courts. I have requested a SAR from Freedom Finance and they have yet to answer (if ever) as this is 2000 that we took it out and 2003 that we settled.

I telephoned the FSA about this and was told basically to swivvel and take it on the chin. They say i can report it to the police. What do you suggest here.

YEOSAL

marluc wrote: »

Hi everyone.:beer:
Sorry I didn't reply yesterday, but had a very, very, very long day.
To keep you all up to date, I still have not had the documentation form the solicitiors acting on behalf of Freedom Finance. In the meantime I contacted the court where the case is to be heard, by email, as I got home "out of hours" and again today. However, I did receive an automated email from the court, to say that the email had been received. I have kept a copy of this ( paranoid or what)?
However, today, I received an email from the solicitors asking me for a breakdown of my figures, as submitted to the court on June 9th, which is more than in my original claim. Since then though I have had court costs.
This is my reply. Don't know whether it helps anyone, but I fully intend to go to court if needs be.
Dear Mr Kennedy
I refer to my email of 10/06/08 and your email of 11/06/08 where you request a breakdown of my claim of £4314.01.
You will have received by now all my documentation, which I had to also submit to Birkenhead County Court. If you care to study the page showing PPI application form – we requested a loan for £15000 – the total loan was for £19140 –that in itself is a surplus of £4140 which I should not have paid as I did not need the PPI – I was mis sold the PPI. I have also incurred the following court costs: of £100 to file a claim, £35 to complete the allocation questionnaire and £300 to proceed to a court hearing making a total of £435 payable to the Court. In theory, I have had to pay a total of £4575 needlessly. This is without the statutory 8% interest that a court would award, if I was to succeed in my case.
Consequently I am now requesting a refund of £4575 which I will be submitting to Birkenhead County Court tomorrow as the total amount that I am seeking to reclaim from Freedom Finance.
In the meantime, I request the full documentation that Freedom Finance is to use in the Court case on July 1st 2008. This is further to the request that I made on June 10th to you at Walker Morris Solicitors – acting on behalf of Freedom Finance.
You may also wish to read the Competition Commission’s Report of June 5th 2008 which stated that lenders faced little or no competition when selling PPI. I will also be submitting this document to Birkenhead County Court in my claim.
As your firm of solicitors has yet to provide documentation to Birkenhead County Court, I am able to do this.
As stated in my email of 10/06/08, I wish to be in a position of where I was previously, when acquiring a loan for £15000 without the added PPI, which I could have purchased elsewhere for a fraction of the cost, had I needed it, which I didn’t and the further costs incurred by me as a result of your client’s refusal to repay the PPI.
Yours faithfully,

Hi

Was it a single premium policy? Just asking as you have not said if there was any interest charged on it over the term of the loan.

I have not received any documents yet, due in today and postie already been. Not sure whether they are going to use any as they are going for time barred. No sign of the documents that I requested with cpr 18 either but not due til 17th. I sent my docs yesterday by special delivery. Am hoping they are going to look at them and settle. Fat chance, I am not that lucky!!

When is the deadline for them submitting documents? Your court hearing is after mine so thought they must still have time?

Sally x

Angel1972

I took out a loan with GE Home Finance in November 2004 this was via Credit Link - I am advised Creidt Link are no longer trading.

in December 2007 I repaid the loan early and when I dug out the paperwork saw that iw as charged £6000 up from for PPI for 5 years - but the box for PPI was NOT ticked. I wrote to GE Finance and received a letter saying I'd receive a response by end January 2008 then i received a letter saying I may be eligible for a prtial refund on my PPI as I'd repaid the loan early and to write to an address.

I wrote to the address and asked for immediate cancellation and a partial refund but added that i actually wanted a full refund as I had not requested PPI and enclsoed a copy of the form with the unticked box.

I have heard nothing from GE Fiannce and I have written a further 2 letters (so 4 in total).

Do I have a case to go to the Ombudsman? Are GE Finance covered for the FO to look at my case - or should it be against Credit link who no longer exist?

Can anyone hlp please.

Thanks

tiggrae

YEOSAL wrote: »

I think I have got a little confused here. I thought that the total amount (PPI + APR interest) before section 69 interest had to be under 5K, rather than just the PPI amount.

I have an order from Northampton 03/06/08 saying that the allocation questionnaire be dispensed with in this case. Have been trawling online to try to find information and the courts themselves are supposed to be able to help, but the woman I spoke to at my local court yesterday was rubbish.

I presumed that because there was no allocation questionnaire, it would be allcoated to fast track straight away which is why I was going to possibly scrap the claim.

I am feeling a little out of my comfort zone here

Hi there apologies, when you were referring to interest I thought you meant the 8% Statutory Interest !! Any how the following is the amount of costs under the fast track you would have to pay if you lost !!

The following table shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).
Value of the claim
Amount of fast track trial costs which the court may award

No more than £3,000 - £485
More than £3,000 but not more than £10,000 - £690
More than £10,000 - £1,035(2)

The court may not award more or less than the amount shown in the table except where –
(a)it decides not to award any fast track trial costs; or
(b)rule 46.3 applies,

but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.
(3)Where the only claim is for the payment of money –
(a)for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding –
(i)interest and costs; and
(ii)any reduction made for contributory negligence.
(b)for the purpose of the quantifying fast track trial costs awarded to a defendant, the value of the claim is –
(i)the amount specified in the claim form (excluding interest and costs);
(ii)if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or
(iii)more than £10,000, if the claim form states that the claimant cannot reasonably say how much he expects to recover.

tiggrae

Angel1972 wrote: »

I took out a loan with GE Home Finance in November 2004 this was via Credit Link - I am advised Creidt Link are no longer trading.

in December 2007 I repaid the loan early and when I dug out the paperwork saw that iw as charged £6000 up from for PPI for 5 years - but the box for PPI was NOT ticked. I wrote to GE Finance and received a letter saying I'd receive a response by end January 2008 then i received a letter saying I may be eligible for a prtial refund on my PPI as I'd repaid the loan early and to write to an address.

I wrote to the address and asked for immediate cancellation and a partial refund but added that i actually wanted a full refund as I had not requested PPI and enclsoed a copy of the form with the unticked box.

I have heard nothing from GE Fiannce and I have written a further 2 letters (so 4 in total).

Do I have a case to go to the Ombudsman? Are GE Finance covered for the FO to look at my case - or should it be against Credit link who no longer exist?

Can anyone hlp please.

Thanks

Hi if you're going for mis selling then it would be credit link, however, as they have gone bust you would Under Section 56 of the Consumer Credit Act make GE liaible for their agents advice. As it's 2004 this is before GE came under the jurisdiction of the FOS so your only recourse would be with the County Courts

Angel1972

Thanks Tiggrae for your help - even though it's not what i wanted to hear.

How easy is the county court process? I was hoping GE Finance would at least respond to the partial refund request as I have a letter from them offfering me this option if I wrote to the address in the letter but they've ignored 2 letters now.

Does it make a difference that it was actually First National the original loan was with and they were taken over by GE Finance?

tiggrae

marshallka wrote: »

hi tiggrae, just spoken to the FOS about my complaint with Firstplus and misselling of ppi and unfair settlement (its down under unfair settlement with the FOS as they said they could not look at the ppi at first because it was so long ago) and they say they have written to firstplus for more information about the loan.

I have just asked the FOS about a document off Firstplus's computer about my husbands wages and the address it contained as it was not an address we had heard of. Its just an address with no name of company and its certainly not the company that he worked for. On our actual application is the real name and address and his earnings. I remember a phone call with FIrstplus some years ago where i was told they had my husbands earnings down as something considerably higher than they actually were. I then told them they had got it wrong and it was altered. Upon looking at this now it looks like these were "falsified" in order to get the loan in the first place. How do i stand with this matter. I know they changed the details of income after we remortgaged and there is a phone call of me actually telling them this but at the time i say to them "there is a mistake of my husbands earnings" it all goes blank. The thing is, although they then changed the income to his REAL income as of that year they forgot to change this details of employer to his REAL employer who is on the application form. How do we stand for misselling of the whole loan and what is out their to protect us. What do we have to prove with the courts. I have requested a SAR from Freedom Finance and they have yet to answer (if ever) as this is 2000 that we took it out and 2003 that we settled.

I telephoned the FSA about this and was told basically to swivvel and take it on the chin. They say i can report it to the police. What do you suggest here.

you have to be a little careful with this one as the 'falsification' was actually to assist your ability to obtain the credit - it's very unethical but as to unlawful I wouldn't be able to tell you what the specific law is in this respect, you could book an hour with a solicitor through the Citizens Advice Bureau to see what they thought.

As for your claim in the courts - this would be under the Misrepresentation Act 1967 - Negilgent Misrepresentation - you need to download the Act - it's only 3 pages long and reasonably easy to read (for a statute!!!)