I have to get it scanned tomorrow.TOR

attached offers letter from Cap1 & Genworth Financial, both have start & finish dates along with spread sheets. Let me know what you think? Thanks, Regards. Capital 1 total amount of PPI payments are same, but PPI amount of Genworth showing 51p a month, where my average is £1.73 a month, which is an average of few statements I have.

Crucial Question, that bank is holding back PPI redress against the debt. Is it worth/viable to take CCA to recover the PPI redress, or they can join two together even though they are two different matters. On the redress offer they are showing "money already paid in previous claim", but there was never a previous claim.

A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.

I also need information about a scenario, where a bank take legal action to recover unpaid loan and go for a summary Judgment and loose, The judge said to the bank that the case has to go for a full hearing, if Bank wants to resolve it. After this bank stayed quite for nearly 2 years. what I want to know is that, how much time does bank have to reopen the case before it is time barred.

Thanks dx, you got it.

Yes it was sold and I have a letter to prove that. I will post the spread sheet tomorrow as it is on the other Laptop.

Yes They accepted my claim after FOS told them to, but without my acceptance of redress they paid all the money to DCA, I did complaint to Cap1 but failed to go back to FOS. It was 2013 they accepted my claim. Now I want to take them to court, I need to know how to go about it, Shall I give my own fig. of redress ( what I think they should have paid) or leave it for court to decide, Should I include 8% or leave it for court.

No its not a claim management company, they are the underwriters for Debenhams Store Cards. They have accepted my claim but offering me very little redress. My account was opened in 1995 and closed in 2005. I have few statements and average PPI payment comes to £1.80 a month, They have their figure which they cannot verify as to where they got it from as I did send SAR, there is nothing in the documents to suggest any source of information regarding PPI payment exept the one I gave them.

Please help me to file a PPI claim through CCA, from Capital 1, who has settled my PPI compensation with a debt. already sold to a DCA. To the best of my knowledge the calculation of redress was not done correctly either. Also I want to take Genworth to court for not calculating my PPI correctly and not explaining as to how they calculated my redress.Where they got the fig. of premium paid as only few statements are available. Both of them will come into small claim category.

What ever happened to this case, what was the outcome?

I had a personal experience when I went to court v a big bank, and after hearing the plaintiff the judge told me that "you have no defense and have u got any thing to say?" I just mentioned that there is no signature on the agreement they are presenting,(it was a copy), The judge refused the application straight away. Overdraft agreements are excluded agreement according to Sec.61A(a) and (b)(iii), and Section 62(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.(its not been done in my case) (3)A regulated agreement [F3which is an excluded agreement] is not properly executed if the requirements of this section are not observed. I am only asking our advice as to which of the Section is best to choose to argue my case?

Thank you very much for explaining ( Red Hot), to my knowledge a court cannot enforce a debt. without any kind of signed agreement, even if it is for a service linked to an account, like an overdraft. Section 61b: "Duty to supply copy of overdraft agreement (1)Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor. (2)The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—........ The question is can I use it in my argument? if MKDP do not come up with any signed agreement.

what is the significance of proof of service for assignment of debt ? as the judge was very particular to see it from MKDP.

If MKDP cannot supply the signed agreement, than its not an executed agreement. what will happen in this scenario? If its not an executed agreement than none of its terms and conditions is enforceable like selling any debt to a third party etc.