Have posted relevant parts of their Witness statement - Post 122

Probably not worth objecting. Pt said SJ can be fatal if not handled correctly so I am a bit worried about getting the witness statement correct. The 3 main points I would like to argue are: no agreement. Sums involved contain mis-sold PPI which the bank have just offered me a partial refund on, and unfair relationships, because I was pressured into taking the loan. Overdraft balance is a plus so their POC is wrong as well.

Hi CCM- my faithful friend - thanks. I have 7 days to object from day of receipt which would have been Saturday. The hearing is 12th May. Probably best to get a witness statement ready as not much time to object and haven't a clue as to how that is done anyway.

Any advice on above appreciated.

Interesting article Pt. Not sure that I fully understand it all but: Would this mean that - a) A consolidation loan containing a disputed charge for credit from a previous loan, might argueably be unenforceable b) If the loan, being unsolicited and resulting from lender pressure, included balance of previous loan plus overdraft and interest was front-loaded without the borrowers knowledge , thus putting borrower into worse position than before, the loan could be challenged on these grounds.

Thanks Peter.

Thanks Peter - will do.

Hi, Could someone please look at this agreement for me with regard to enforceability. I was mis-sold PPI because, apart from numerous other reasons, the bank employee forgot to mention anything about it. They have just sent me the signed agreement which I have been asking for since October and offered a partial refund of the PPI. On second page where the second signature is, there is a box which says 'tick here if you want PPI' - the box is not ticked. The third page was sent to me by bank, together with the signed pages, but I don't believe this was available on day I signed. http://i473.photobucket.com/albums/rr100/sequest1/d1.jpg http://i473.photobucket.com/albums/rr100/sequest1/d2.jpg http://i473.photobucket.com/albums/rr100/sequest1/d3.jpg

Does putting 'Account in Dispute' hold any legal sway now. It seems many people, including myself, have been taken to court while the account is being disputed. If it does, then what are the remedies for the consumer if action is taken during this disputing period? Thanks.

Thanks Pt. It also states I need to make application to get it set aside, varied or stayed within 7 days, if I do not agree. What is best way to proceed?

Just received letter from court allowing hearing for Summary Judgement. Defendant to serve and file witness statement. Does this mean judge is ignoring my request for credit agreement, etc.

Thanks Viscount.

Are there any cases which have been won on basis of unfair relationships?

Thanks Viscount.

Thanks Car Now what is the situation if you take out a loan with front loaded interest. That interest is paid off after a year and then second agreement incorporates balance+ overdraft and interest added to whole amount. Does this mean you would be paying interest twice on first loan?

Thanks Car2403. However, if those unlawful charges from first agreement are still embodied in the balance when transferred to second agreement, surely this must affect the 2nd agreement in some manner?

Thanks Alanalana - I will go for a full refund.

If the balance of an unenforceable agreement, containing unlawful charges is subsequently incorporated into second agreement, what would be the status of the second agreement? Thanks.

Hi Alanalana, Just received a partial refund offer on the mis-sold PPI (well not really mis-sold - I didn't even know about it!!). Should I now go back to FOS who wrote to them originally and complain? While awaiting outcome of this, bank have taken me to court, so not sure how this affects their case. I don't think the solicitors know about this.

AQ hand delivered to Court today. Thanks Creditcardmug and pt2537 for all your help and advice.

Gottcha - thanks. Tough being dumb!!

Yes CCM- that sounds much better - thanks. Sorry to take up so much of your time but when you state 'reference' what am I supposed to put there. No reference has ever been made by the Claimant to any agreement.

To include in Draft Directions: 'Production of full details of any previous agreement, the sums of which might be included in current agreement, any PPI added, and all loan statements applicable.' Does that look ok? Its really important that I get that information because this whole problem started when I suspected they had added PPI without my knowledge. It means the sums they claim are outstanding are not correct.

Thanks for all your help CCM - very grateful. I have looked at that thread before - RBS are totally unscrupulous. I wouldn't have been in situation I am in now if their employees hadn't been deceitful.

In Draft Directions - can I ask for agreement for previous loan and full statements as part of this loan is incorporated into current loan?