PPI Reclaiming discussion Part II

tiggrae

Angel1972 wrote: »

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?

No they took over First National - which would include their liaibilities - as for the court route it's not hard but you have to get the law right as to the basis of your claim - this would be the Misrepresentation Act 1967 - Negligent Misrepresentation - download a copy of it it's only 3 pages long and relatively easy to read

marshallka

tiggrae wrote: »

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!!!)

WE did not falsify this. We told our actual employment on the actual application. It was either Firstplus or Freedom and only just noticed on the receiving the SAR. I would not of wanted a loan that i could not afford with wage details.

rozzid

I'd like a bit of advice please - I have gone through the letter, FOS route and been told that because the lender was not regulated by the Financial Services Authority as an insurance intermediary at the time my loan and £2520 PPI was taken out that they can't help me further. But I am still adament that this policy was mis sold. Does anyone know if there is anything else I can do? Should I go back to Capital One directly or is there little point as the Ombudsman has told me they can't help. I WANT MY MONEY BACK and it all seems so unfair - is it my fault that they weren't regulated at the time??

YEOSAL

tiggrae wrote: »

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.

Thank you. The proportion of the costs are not as bad as I thought, but having already paid £210, prob another £300 for the hearing, it could end up to be a costly mistake!

I am going to look at changing the claim if I can. Have you ever had experience of that? Any guidance is really welcome. Failing that I will have to scrap it. Not really too sure of the prospect of it really as it is an old loan, but it is the principle. If I could change the value to PPI only, I would only be 500 ish out of pocket if I lost.

marshallka

rozzid wrote: »

I'd like a bit of advice please - I have gone through the letter, FOS route and been told that because the lender was not regulated by the Financial Services Authority as an insurance intermediary at the time my loan and £2520 PPI was taken out that they can't help me further. But I am still adament that this policy was mis sold. Does anyone know if there is anything else I can do? Should I go back to Capital One directly or is there little point as the Ombudsman has told me they can't help. I WANT MY MONEY BACK and it all seems so unfair - is it my fault that they weren't regulated at the time??

there are always the courts and firms that can help.

tiggrae

rozzid wrote: »

I'd like a bit of advice please - I have gone through the letter, FOS route and been told that because the lender was not regulated by the Financial Services Authority as an insurance intermediary at the time my loan and £2520 PPI was taken out that they can't help me further. But I am still adament that this policy was mis sold. Does anyone know if there is anything else I can do? Should I go back to Capital One directly or is there little point as the Ombudsman has told me they can't help. I WANT MY MONEY BACK and it all seems so unfair - is it my fault that they weren't regulated at the time??

your only route is the County Court for Negligent Misrepresentation under the Misrepresentation Act 1967

tiggrae

YEOSAL wrote: »

Thank you. The proportion of the costs are not as bad as I thought, but having already paid £210, prob another £300 for the hearing, it could end up to be a costly mistake!

I am going to look at changing the claim if I can. Have you ever had experience of that? Any guidance is really welcome. Failing that I will have to scrap it. Not really too sure of the prospect of it really as it is an old loan, but it is the principle. If I could change the value to PPI only, I would only be 500 ish out of pocket if I lost.

Well the first thing to do is wait to see where the judge allocates, you can always request a hearing in respect to the allocation on the basis that the claim for the actual PPI is under £5000 and it's only the APR interest (even though it's not statutory interest) that's taking it above the £5k threshold, also that the claim is quite a simply and straightforward one which is more suitable to the small claims than the fast track - I've had a £12.5k claim allocated to the small claims court so don't despair !!!

YEOSAL

tiggrae wrote: »

Well the first thing to do is wait to see where the judge allocates, you can always request a hearing in respect to the allocation on the basis that the claim for the actual PPI is under £5000 and it's only the APR interest (even though it's not statutory interest) that's taking it above the £5k threshold, also that the claim is quite a simply and straightforward one which is more suitable to the small claims than the fast track - I've had a £12.5k claim allocated to the small claims court so don't despair !!!

Even if it does get allocated to the small claims court, I thought because of the value of the claim, costs can still be awarded? They claim that my calculations are wrong. Should I also wait til I hear more from the court before sending other calculations to them?

In their defence, apart from the obvious time barred point, they state that they are unable to admit or deny that we were told the ppi was conditional to getting the loan and the the claimant is required to prove the same. Also "it is denied that the defendant owed the claimant any duty of care whether as alleged or otherwise".

What is that all about!!

sparky0107

jadest wrote: »

Hi Sparky i wonder if Halifax are trying thesee tactics on people when they try to make a claim. I wrote to them with first letter 3 weeks ago but have heard nothing. My loan payment was due out of my back account on or around the 4th of each month and dispite the money being in my account they did not take it out. So yesterday I called them and they said I cancelled the direct debit which I have never done and also informed me that they have put it in as late patment to credit agency. so I piad there and then with card and have asked them for proff that I cancelled direct debit as according to my internet backing info it is still active I have ask they remove the late payment from credit reference and I have printed out the proof that the direct debit is still active on my internet banking with the date. It maybe just an error as they said it was, but I think it is a big coinsedance. What does anyone else think

Hi jadest,
When they rang me on the second occasion to say I owed them money, the man I spoke to askedfor the money I said I dont owe you any, if you look at your records you will see I reclaimed the PPI for mis-selling, that's where the figure of £399 comes from. The cheeky sod then said to me "what gives you the right to reclaim PPI?" I said Consumer Credit Law, but I never asked for his name or I would be writing a letter of complaint about him. I'm still waiting for them to remove the 2 late payment notices from my credit report. I told the last person I spoke to that I was entering a credit agreement at the weekend, and if they had affected my ability to get credit I would sue them for defamation of character.

rozzid

marshallka wrote: »

there are always the courts and firms that can help.

Thanks for that. I really didn't know if there was anything else I could do. What sort of firms are there that can help - apologies if I'm asking a really dumb question