poc for ppi are there any templates??

[alanalana]

Good luck oggy,

 

I am sure you will be fine and on a winner. If no cca has been provided there must be a reason, as hell says. Probably the cca used by them would be totally unenforceable within the directives of the CCA1974.

 

As I understand it they have not supplied you with a copy of cca so they cannot produce it on the day. No phone call transcripts either so they cannot produce those. My guess is they will probably not even produce themselves in Court.

 

Good luck;-)

 

aa

[oggy1]

thanks alanalana, here's hoping they make it easier.??

[oggy1]

well here we go. in court in the morning , should be interesting, mbna rang today to find out if i will pay them and if i am still going through with the court action ?

[wills7]

good luck.. i'm in the same position soon

[oggy1]

thanks wills7,will let you know what happens.it seems they are going all the way now!!good luck as well.

[wills7]

yes they do... i got my court date today but have to wait until July. Are you just claimining you wer missold PPI?

[oggy1]

i am claiming missold ppi and compensation and failure to produce the credit finance agreement as per the regs.the reason i have added that in is because if it is agreed tomorrow that the agreement is not valid then i will start aclaim for all my interest payments back plus interest.heres hoping??

[hellhasnofury]

Hello Oggy,

 

Will be thinking of you tomorrow, good luck, stay strong and go for it.

 

My fingers are crossed for you:D

[BOBBY06]

Good luck for today, I hope you get the result you want.

 

I am watching with interest as I intend to make sure MBNA refund my mis-sold PPI also.

[oggy1]

hi all did not go well,

mbna turned up mob handed, 2 solicitors and senior legal exec will wearing.

mbna claimed they had not recieved my court bundle and i had not taken the proof of posting.

the judge was or seem to be on their side and complained of the masses of paperwork i had supplied.

the consensus with mbna solicitors was that most of it was irrelevant anyway.

the judge knew the solicitor from mbna.

he has adjourned the case so mbna can go through the paperwork and my wintness statement.

he advised me that i would not be certain to win and he had obviously not read anything prior to the case today.

he complained that the amount was rediculously small and commercially wasnt worth this effort and told mbna to sort it today in discussions with me.

the claim was £659 and they offered £400.00 so i refused as it did not include any costs that i have laid out.

anbody have any suggestions ??

[banker_rhymes_with]

Hello Oggy1!

 

Although a bit of a frustrating day, maybe it is not as bad as it first sounded when I heard it had not gone well.

 

Sounds like you were given a rough ride, primarily because you were not part of their Club.

 

OK, now is the time to take stock and see if we cannot pull together and get this back on track.

 

Seems you were shot down on minor issues like them exploiting any small weakness in the fabric of your plan. Lack of Delivery Proof being a case in point, and all the more reason for all to take note of that and make sure anything important must go with Proof of Delivery.

 

They have not Won, and you have not Lost.

 

The fact that they turned up Mob Handed for this, suggests they are pulling out all the stops on this one. It's not one they want to lose, clearly.

 

Good, so you now know they are worried.

 

Only advice I can give here is that you must now try and bring some clarity to the next hearing. Keep it simple, and try to regain focus on the key issues. They are already trying to trash your efforts thus far. Whatever their consensus is, you can bet it will never, ever, be one that is in your favour, so no surprises there.

 

Chill out, and come back to this after some thinking time. Hopefully others who have greater Court experience than me will now see if CAG can't help to pull the Rabbit out of the Hat on this.

 

My own gut feeling is you need to bounce back and come out fighting next round. They Won the first Round on Points, but not the Fight.

 

It's not over yet!

 

Cheers,

BRW

[alanalana]

Hello oggy,

 

I fully support what BRW has posted. You were prepared to fight and that is what counts, all the caggers will be behind you for round 2. The amount may be small to the judge and commercially not worth his effort. This should not be mentioned by the judge. He is there to represent the legal institution ( is a robbery worth less effort than a murder) It is all about the Law of the land and the statutes within the law. That is not the point of the matter. The whole point of this is that like the unfair bank charges that have been levied on consumers by greedy banks the same has happened with the PPI [problem]. A lot of rich boardroom staff have got a lot richer as have the bank staff for generally misselling a useless (in most cases) product and reaped a massive profit into the bargain. The law should be seen to be behind the unsuspecting public.

 

It seems to be in your case oggy the need to prove that you send all the infomation you have proof of posting and recorded delivery is not always 100% maybe special delivery but that comes at a cost..

Anyway with you for the next round.

 

DO NOT DESPAIR you can get something out of this..

Good Luck

 

aa:wink:

[hellhasnofury]

Hello Oggy,

 

Hey think positive, they did not win the case,:grin:

 

The judge "told mbna to sort it today in discussions with me." and adjourned the case to allow time for them to do this:D So maybe they will.

I know how bad I felt after a judge dismissed my application for removal of the stay on the bank charges case I had with Abbey.

As for it not being much, the amount is not the principle, it the unfair practices these financial institutes do.

£600 may be not much to him, but it is a forutune to other people who are not paid a small lottery win every month, This judge is just a mere mortal employed by the people to protect the people. Maybe they should be more mindful of this:mad: I loathe arrogance

 

[BOBBY06]

Sorry things didn't go as well as you would have liked. But they haven't won, good luck.

[oggy1]

thank you for all your support, i could do with confirmation on the cca as they say they dont need one as i applied for the card by internet dec 04.

they also say that the agreement is not a credit token as per the cc act 1974.

i will post the actual details of all the case soon.

[KennyVinegar]

Hey oggy,

 

Don't lose heart, you have another chance to get that win. I know how it feels for a judge to seem on 'their' side, my bank charges case was stayed for over a year and Barclays didn't even turn up

 

I'm afraid I can't help you on the cca but i would like to know myself what the advice would be.

[calconnor66]

i everyone,

just got a reply from Cahoot for repayment of PPI ( mis-sold) and overlimit charges. t goes like this:-

Cahoot have never activley sold PPI , however this involved a customer ticking a box in the application and being referred to the terms and conditions of the insurance.which would also be sent out on completion of the application. As you selected to add this to your application this was set up for you. The insurance premiums are based on the outstanding monthly balance and we would show as a transaction on your monthly balance . As a result we would not be able to refund as they have been paid to insure your balance as requested and would have been paid out in the event of any claim . I can confirm that this insurance has now been cancelled.

Yeah because i cancelled it. The thing iI woudl like to know is firstly should I ask for a copy of the Terms and conditions, 2 do you consider that even if I did "tick the box" , which was so long ago i really cant remember surely they have a duty of care in maintaining that they are selling a product that is fit for purpose. This was not as I work for local goverment and would have been paid for a year either way.

They then bascially then went on to say with regards to your 42 months worth of over limit fees , you bascially should have logged onto your account thats your problem not ours.

I am really angry that i owe 2300 to Cahoot, and £1800 of that is phoney PPI cgarges interest and overlimit charges. If I would not have had the PPI the overlimits would probably have not evn happend.

I am not going to take their knockback, but I am considering my next step.

I am thinking of

1 requesting a copy of my "signed" PPI agreement.

2 asking for a break down of their charges

3 giving them 14 days to "reflect on their mistake"and then basically filing in my Court form.

4 informing them of my "personal and professional costs per hour "which I will be adding the the claim. (£30.00 per hour) and I have put some time into this, so it will cost them about another £300.00

I also should add that Cahoots initial resposne was to tell me that all the banks had been granted a "stay", when I stated quite clearly they were attempting to mislead me, as this does not apply to credit cards they have changed their tack.

 

Bottom line is I am that angry about this i would rather lose £100 in court costs than not fight them . I just feel I need a next steps from someone . Any offers

[alanalana]

Hello cal,

 

as this thread is already underway for oggy can I point you to start your own thread so people can relate to your case directly and the thread is your own. It prevents cross overs and mix ups on what is going on for each individual claim..

 

Thank you and good luck with your claim

 

Hit this for a new thread

 

Thread Starter Just hit the new thread starter button on the page

 

aa