Quick question. Why can FSA only fine for mis-selling from 2005?

I have written to the asking for their Witness Statement to be thrown out as imcomplete. Not heard anything back (sent it last year) but assume it is on file. I am in Court tomorrow. Let you all know how I get on.

Seeing as there is a few Mods looking at this thread, perhaps I can be cheeky and ask a question pertaining to my case. The Defendants have sent their Court Bundle to me including a witness statement. The Witness Statement however had pages missing. I asked the Defendants to send a full copy which they did not do. It is now a month past the last day to send documents. Can I write to the Court asking for this evidence to be thrown out as I have not had site of it? Where do I stand with this?

I have the final hearing on 27th Jan 09. I didn't realise I could be liable for the other sides costs. It's contrary to advice I was given previously.

I thought the defendants could not claim for costs if the total amount claimed was under £5000?

From what you have written it doesn't seem the defendants have grounds for the case to be thrown out. Take the advice above and post the relevant details and we can go from there. When are you due in Court? Is this a prelim hearing?

Is it today?? Good luck, get back to us soon with the low down.

Hi Notty, forgive me but I am short of time and haven't had a chance to check your thread. Unless the judge has specifically ordered you to bring a witness statement then you don't have to. What he may do is as you to explain in your own words what your complaint it. He will use this to gage whether he thinks you sound credible and know what you are talking about. There will be a little back and forth and dicussion on the possibility of early settlement. He will then suggest small claims or fast track and ask if each side are happy with that. He may make some comments as to the arguments of each side and what he thinks about them. You can use these to decide if you think your case it strong enough to take to trial. I had my Court Bundle all ready for this hearing and the judge did say I had done a lot more work than I needed to at this stage. It is a good idea to know what you are going to say when he asks you to speak in your own words (i.e not direct from a witness statement), and take an updated schedule of payments, and the defendants court bundle so you can refer to it. Hope all this helps

Another copy of the witness statement turned up this morning. Sharon you have out-done yourself. This copy is also incomplete, AND unsigned!

Oh but of course! I had so much help that it really belongs to CAG! Judging by my experience so far. If this case makes it to Court the Judge will be so annoyed that he may even award damages! My judge told me to charge £25 an hour just for my time if we went to trial. He was seriously displeased!

They also say I had 2 pervious loans with HFC and both had PPI. this is incorrect. I had a previous 3 loans with HFC and only one had PPI. I have the evidence to prove this from my original SAR. I have just spoken to the defendants solicitors, a horrible jobsworth. She said that all the information they are relying on has been sent so there is no Key facts or Needs and Benefit Statement for Loan in question. Oh and the witness statement has a page missing!

I received the Bundle from the Defendants today. They have a witness statement in there from a Woman who claims not to be the woman who issued the Loan but a woman who worked with the woman who issued the loan..eh?? Anyway she says, Jackie issued the loan but no longer works for HFC. She was a manager and very reliable etc. She is the staff member who signed the loan agreement only I specifically remember it was a man who sold the loan to me not a woman. I believe the paperwork was then taken away and signed by a manager. To complicate things more, this woman claims the Needs and Benefit Statement taken relates to a previous loan I took with HFC 8 months before. (Even though it has the correct account number on it). There is lots of reference to documents stating 'Optional Insurance' but these are for previous loans. As far as I can understand - she is stating the Needs and Benefit Statement is for a previous loan. They have sent no Needs and Benefit Statement relating to the loan in question? I am very confused and hope the judge will be as well. There main argument seems to be that because I took out PPI on previous loans then I must have agreed to it this time.

No need for the POC. Egg have settled in full including interest. Very happy. Thank you all

Okey dokey. This should add weight to my argument then as this is all they are relying on!

Oh but of course!! Not received anything from HFC yet and they have until 1st December to send me any docs they are relying on. I am assuming if they are relying on the same evidence as the prelim hearing then they won't send that again. Looks like they have no witness or witness statement to ask questions to over the Needs and Benefit Form. Is a Needs and Benefit check required by law before dishing out PPI or is it just advised? What is the deal with this?