Not much happing other than I have a court date and Norton want this struck out on two grounds:

1. Statute Limited.

2. Claim not against legal entity.

Not to worried about the first as I believe the limitation if from when I first became aware of the mis-selling, which was in 2008 (when I first wrote to Norton) for a 2004 loan.

The second issue of legal entity worries me a bit... All my correspondace from them (and mine to them) referes to them as Norton Finance, they trade as Norton Finance and they have not stated who the legal enttiy is?

Where do I stand on this, surely the Judge will see that this is them just trying to worm out of this and that if they call themselves Norton Finance, thats who they are and thats who my claim is against?

Anyone have any thoughts or advice, or point me towards threads with a similar issue?

Thanks

Coming back to this now and have a lot to sort out and in need of some advice.....

Unfortunately due to bereavement in the family and then separating with my wife, meant I let things slip with this and my focus was elsewhere. To cut a long story short, I could not attend court and the Lewis Group obtained a judgement against me, despite being sold the account whilst in dispute, never corresponding with me or providing a copy of the CCA etc.

So, now my life is back on track, I need to sort this (and I'm in the mood for a fight ).

Despite the judgment being awarded against me, strongly believe that I should be able to get that set aside based on the history of the case. So my plan of attack is to continue the claim of miss-sold PPI with Barclaycard. If I can get this proven (or a court judgment), then get the Lewis group judgment set aside, as the basis of their claim falls apart.

Is this the right approach or should I be doing something else?

Been doing battle with Barclaycard, see here http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/126191-bog-barlcaycard.html for full story, but have been refered here for some help.

Today I received an N24 General Form of Judgement or Order from the court stating:

It is ordered that..

1. Draft proposed directions, agreed.

2. Summary in not more than 500 words of the party's position with particular references to tracking and length of proposal hearing

I'm a bit confused now, I assume this is directed at me and not the claimant? The only directions I'm aware of are what I put in my defence (i.e. providing actual agreement etc.)

I'm not aware of any directions to the court from the claimant, are they supposed to send me a copy if they do? All I have ever seen from them (via the court) is a copy of their original claim on MCOL

Can someone clarify the above and advise what I should do next. Also what the summary bit means?

Thanks

Update

No court date, as the 1st of April was was a mistake by the court

Heard nothing until today! Received an N24 General Form of Judgement or Order from the court stating:

It is ordered that..

1. Draft proposed directions, agreed.

2. Summary in not more than 500 words of the party's position with particular references to tracking and length of proposal hearing

I'm a bit confused now :o, I assume this is directed at me and not the claimant? The only directions I'm aware of are what I put in my defence (i.e. providing actual agreement etc.)

I'm not aware of any directions to the court from the claimant, are the supposed to send me a copy?

Can some clarify the above and also confirm what the summary bit means?

Thanks

Just picked up on this thread - sorry to hear of your probs with F+! What a load of tosh about the CD and the way the data is stored, and knowing the exact dates/time (thats there problem). They sent me without any fuss an audio cassette with all the calls on! Sounds to me the are getting lots of claims and are increasing the stalling tactics!

* * * WON * * *

 

After 6 months of my initial complaint just received confirmation that my ppi complaint with Barclayloan has been successful.

 

Initial letter Oct' 08 then another letter March complaining that my initial letter had not been acknowledged, received a letter in response stating that they needed more time to investigate (24 weeks wasn't long enough) & They would prefer if I didn't take it to the FOS, spoke to barclays on the phone and again was told that I had the right to take it up with the FOS as they couldn't give any form of response & that someone higher up would ring me back within the hour, phone call never came, however just received letter confirming PPI full refund of £3,326 including 8% interest which wipes out the loan (one debt less) and makes me about £300 a month better off.

 

Time to start another three ppi battles 1 old loan & two barclaycard ppi's, if they accept mis selling on one it should apply to any loan/card withinthe group.

 

Beachy

Well Done! Barclays DO give in after a fight when it comes to loans, but with Credit Cards they take a firmer stance ..... but I/we will win against them

Court date set for 1st April 09 and despite 3 requests (1 x CCA & 2 x CPR) for a copy of the agreement or any other documents they intend to rely on in court, I have had no correspondance from Cohens (Lewis Groups Solicitors) at all.

No directions from the court either, but I have sent Cohens my court bundle and filed a copy at the court 14 days before the hearing. (minus a copy of the application form )

I've got a feeling Cohens are not going to turn up, but hopefully they do and the court will share my view that it is virtually impossible to compile a defence if I do not know what they are basing their claim on!

Hi KaneCole,

IMHO, I would not wait for the FOS and go down the court route! I did twice with First Plus and both times they gave in just before going to court .

I now have all my money back plus statutory interest.

*** Won***

First Plus/Barclays and I have reached a mutually acceptable settlement

Can't say much, but I'm happy with outcome!

Don't give up!

This was all done in my local branch not over the phone, so unfortunatly no recorded call evidence.

That should not be to much of a problem, because it's up to them to prove it was not mis-sold!

I know it's an extra £10, but I would send it to both, then you may be able to see the paper trail and if it ever got to court you would have a much better understanding of who did/implied what (call recordings/transcripts etc.)

From what I understand, if it's central trust that sold you the loan/PPI then they are responsible for the mis-selling and therefore would have to reimburse you.

You should not accept their pathetic attempt at a refund. They need to refund the lot and adjust the remaining loan balance accordingly. The steps to this are on my thread here, but the first thing you need to do is send a Subject Access Request to get proof that the PPI was mis-sold.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/128548-first-plus-ppi-reclaim.html

I second what Goldlady say's! They have mis-sold PPI to thousands of people and they know it!

They will give in, as they don't want bring to much adverse publicity to their parent company 'Barclays' - just be firm and stand your ground!

Ha Ha,

Just got a pack of my documents out of the blue from Barclaycard, they say they are sending it because they have been instructed by Information Commissioners Office to fully comply with the Data Protection Act. They have been told by the Information Commissioners Office to supply everything!!

The funny thing is they have sent less this time than what I received in my initial Subject Access Request ! Thank you Barclaycard for making my claim against you for breaching the DPA so easy!

They have also sent (for the 3rd time) a copy of my application form, but no T&C's or credit agreement (they have sent two different sets of alleged T&C's in the past!), therefore further helping my defence against the Lewis Group!

BTW Still no response to my CCA request to the Lewis Group! (Slick - The application form is dated 1993)

I sent CCA request to the idiots at the Lewis Group at the beginning of November (Just after I received their court claim) and apart from a letter acknowledging my request; they have failed to send me a copy of the credit agreement and are now committing a criminal offence!

I'm now going to write to their local trading standards and the FSA - I'm determined to do everything in my power to have their credit licence revoked! I will not let this drop with FSA!

I'm sure they are so arrogant they think it's OK to ignore my request and bring their photo copy of an application form to court and all will be OK. They can’t even deny they received my request, because they sent an acknowledgment!

Thank you both for you help

Revised Counter-Claim on it's way.....

Need some guidance......

I have submitted my defence and counter-claim to the court, my counter claim was basically for Harassment and breach of the Data Protection Act. I did not specify any claim value, but asked the court to award what they see fit.

The problem is that the AQ has come back and they want £1530 for the court fee (the max. amount for an unlimited claim or claim over £300,000). I was stunned and called the court, the lady was very helpful and said re-submit the defence with values against each claim. Each claim MUST have a claim amount ????

The problem is, I have no idea what to ask for! How much is a breach of the Data Protection Act worth in compensation? How much for Harassment???

Do I put in a modest amount and let the judge decide if it should be more (or would they only award what I claim?)

To be honest, it's not about the money, it's more about the principle and not letting these low life DCA's get away with it!

Can anyone help?

Following with interest as I'm in the same position as you Maggie (Thread here: http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/126191-bog-barlcaycard.html)

But, I'm being taken to court by a slimy profitering DCA - gonna fight it all the way tho'

Hi Kaz,

Here is my letter is sent to First Plus, which may give you some pointers.....

 

Mr ………….

67 Some Road

 

Town

 

County

 

Post Code

 

 

 

FIRSTPLUS Financial Group Plc

The Avenue Business Park

Pentwyn

Cardiff

CF23 8FF

 

 

Date 2008

 

 

Formal Complaint – Request for Payment Protection Insurance Refund

 

Re: Accounts xxxxxx and xxxxxxxx

 

 

Dear Sir/Madam,

 

I have recently made a FULL Data Protection Act 1998 subject access request for all my statements, correspondence and telephone transcripts/recordings that you hold on file in respect of the above account.

 

Having listened to the recordings of my conversations with your sales advisors during my loan applications, and the evidence within the information supplied by you in response to my S.A.R - (Subject Access Request) request and following the recent OFT and FSA investigations, I now realise, that you mis-sold me payment protection insurance on two occasions, which I did not want and did not need.

 

During both applications, your adviser does not clearly explain that this was a Single Premium Policy and although only lasting for five years, I would be paying for it and interest on it throughout the lifetime of the loan at the loan APR. Equally a lot of emphasis was put on the refund of premium offer at the end of the five years, but you failed to highlight the true cost of the policy.

 

Very little attempt was made to ascertain if the insurance was fit for purpose, suitable for my needs or if indeed if I really needed it at all. It was not explained to me that there were certain exclusions within the policy that could affect my eligibility.

 

It was not stated at any point during the setting up of the 2nd loan that the PPI from the 1st loan was added to that loan. I was never given a breakdown of what was loan amount and PPI separately when it was added, and therefore had no idea that any PPI was included or how much. There was never any mention of this in any conversations or paperwork.

 

It was never made clear that the rebate you would receive if you cancelled early was not fairly proportionate. Also as these were sold to me as cash back policies and that is how I believed they worked. I would never have taken the PPI on either loan if I thought I could lose such a large amount of money.

 

Your adviser used very mis-leading sales techniques and the tape clearly shows the adviser pressured me into taking the PPI. At one point they implied that if I did not take the PPI when I topped up the loan, the settlement figure for the old loan would be higher.

 

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

 

What I require

 

I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect contractual interest.

 

I have calculated the contractual interest at 8.69% APR for agreement xxxxxxx and at 8.2% APR for agreement xxxxxxx, both of which you applied to the relevant loan at the time of inception, reflecting the principal of mutuality and reciprocity.

 

 

Insert your calculations here

 

The above figures are based on the data you have previously supplied me, and I therefore now require you to refund me a total of £6,000

 

If you feel that my figures are in-correct please revise and provide a detailed breakdown of your calculations.

 

 

My targets to resolve this matter

 

As the FSA has now stated ‘no refund’ terms are considered unfair, I would like my refund request to be met in full.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman and indeed through the courts. I must advise you I have taken legal and financial advice on this matter.

 

I will give you 7 days to reply to me accepting, unconditionally, my refund request in principle and letting me know a date by which I will receive payment.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully,

 

 

The thread for my victory against them is here: http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/137511-bog-first-plus-ppi.html

Good Luck!

Update - Had a letter from Information Commissioners Office stating they believe Barclaycard is in breach of 8 Data Protection Act points! and have been asked to explain themselves! (Paves the way for me to start legal action against Barclaycard!_

Called the FSA, and they are in the process of completing their investigations, but at this stage are not happy with Barclaycards conduct. Again, the are waiting for Barclaycard to explain !

I think the Lewis Groups claim is dead in the water! My 17 page defence and counter claim goes in the post Monday! They are guilty by association !

If Karen does go down the court route (as I plan to do with Norton), I suppose she will have the same question as me.....

Norton mis-sold the policy, but only benifited by way of a commision for the sale. First Plus have gained the most by applying interest on the premium.

How does the court claim work? Do you sue Norton for damages (the full amount inc. interest), even though they don't have this money? If so that means First Plus still benefit and get away scott free.

Can someone clarify this?

Hi Hell,

These companies for years have conned consumers, but now thanks to the internet and especially sites like this, they are being exposed! My eyes are open now and will put them in their place.

Feeling really good, because after a bit of research on here and other websites, and talking to a friend who is a bit of a financial legal expert who deals with FSA and OFT daily in his work, I realise that the Lewis Group (the DCA in question) do not have a hope in hell!

The have scatter gun approach, buying cheap debts, filling a claim on MCOL and hoping most people will just admit the claim, get a ccj, raise the value of the debt and then they sell it on!

Well not in this case!

I have compiled a killer defence which I will be sending shortly. Basicly, the account in dispute with Barclaycard and being investigated by the OFT, FSA and Information Commissioners Office, yet the have ignored this! Plus no valid/enfocable credit agreement.

They will lose and when they do, It will give me amunition to go after Barclaycard for selling the account, breaching the Data Protection Act and removal of default!

Hi Hell, hope youa re weel and thanks for th quick response

When I said I'm not going to counter claim, I meant I was not going to claim for money, but as you say I will be going for breach of the debt collection rules, breach of the Data Protection Act, breach of the administration of justice act, breach of the malcious communications act, etc.

I will go after BC and I will be adding these things to my PPI claim.

One quick question, does the DCA have to issue a default or can they rely on the one's Barclaycard issued?

Hi Gill5Blue - Subscribing as I'm in excatly the same position with these Barclaycard idiots

Just putting my defence together now...

Here's my story.... http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/126191-bog-barlcaycard.html

Finally some progress.......

About 3 weeks ago I got a letter from a DCA claiming they had bought the debt from Barclaycard

I wrote to them (Special Delivery) advising them that the account is in dispute and Barclaycard had no rite to sell the account.

Needless to say, I did not get a response... until today! They have filled a claim on MCOL!

I more than willing to defend this, as I believe they don't have a leg to stand on. I have more than enough evidence that the account is in dispute and that it is being investigated by the FSA and OFT. Plus the account is un-enforcable as BC have not, dispite several requests (Including CCA and S.A.R - (Subject Access Request)), produced a true copy of the original credit agreement - so how the DCA can try to enforce it will be interesting!!

I'm not going to counter claim against them (except for court costs), but this DCA is breaking the law and in breach of FSA/OFT guidlines and I want them to be fined or lose their credit licence (the later is un-likley, but I'm going to try my best - just to teach them a lesson!) - I realise this will have to be pursued via the OFT / FSA, but should I make this point on my defence?