Pompeyfaith v Co-op PPI

[pompeyfaith]

Indeed Johnny i am now seriously considering that because to be honest i need the money and the FOS has had my complaint for 7 mths now and i am still no nearer an outcome.

 

I will give it some thought tonight

 

Regards

 

PF

[pompeyfaith]

Yup Citixen the question is where was it from the 7th May until the 18th May

[alanalana]

Can you believe that ? Thank goodness they used a proper frank, you couldnt ask for a better Dodgy Default

 

never a truer word spoken

 

The DN would go down really well in Court. I would certainly copy it with anything else you have recently down to the FOS pointing out the dates and asking them if they would kindly expedite a result on your complaint as things are becoming difficult for you with the threats of Court looming.

 

You could also reply that their Default Notice under section 87(1) of the Consumer Credit Act 1974 is actually in breach of section 88(2)(3) of the same Act.

 

88. Contents and effect of default notice.

— (1) The default notice must be in the prescribed form and specify— (a) the nature of the alleged breach;

 

 

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

 

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

 

 

 

(2) A date specified under subsection (1) must not be less than [F1 14] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F1 14] days have elapsed.

 

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F1 14] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2 and any other prescribed matters relating to the agreement].

 

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid

 

Basically Pompey and I am not up with the other legal minds. You should be given 14 clear days from receipt of the DN in which to remedy any alleged default in this case you have clearly not been given the 14 clear days so the Default Notice under section 87(1) cannot apply and surely will not stand up in Court IMO.

 

If they proceded to Court and you presented this documentary evidence the Judge would no doubt strike out the action against you.

 

aa

[citizenB]

Hi PF

 

If the PPI is more than the amount they're asking you for, I'd go for that - and let them know you'll see them in court for it ....... I imagine they'd back up so quick they'll get a nose bleed .

 

 

 

:lol: What would be even more fantastic is if they were to terminate on top of that.

[pompeyfaith]

thank you alan i will get that drawn up tonight

[alanalana]

:lol: What would be even more fantastic is if they were to terminate on top of that.

The eternal optimist:)

[citizenB]

:lol: What would be even more fantastic is if they were to terminate on top of that.

 

The eternal optimist:)

 

Someone has to be :lol:

[johnnymitch]

Yeah ! why not! :D

[pompeyfaith]

Had an email yesterday and a phone call tonight from these ------ i could not help myself as i was getting royally ---- off so i sent a reply to there email

 

In goes the N1 this week should i use MCOL or take it to my local court ?

 

You know the situation you know it is in the hands of the FOS you know that

they have agreed our accounts are in dispute you know that defaults cant be

issued while an account is in dispute but you chose to do so YOU KNOW THE

AMOUNT OF MONEY YOU HAVE TAKEN FROM ME FOR PPI IS MORE THAN WE OWE YOU.

 

You have said that all collection activity will stop while the FOS

investigates our complaint so why are you phoning my wife the reception you

will get from her is the same reception you will get from me because unlike

the co-op bank we discuses matters.

 

I sent to you a legit complaint about the first default notice you sent

informing you that it was nonce because it did not comply with the CCA 1974

AND AMENDMENTS your response was to inform me that you could not resolve the

complaint as the fos was dealing with my complaint but its ok for you to

continue to harass us.

 

I have just come out of hospital due to a heart attack i had which resulted

in an angioplasty operation right now my blood is boiling.

 

I cant take anymore so expect an N1 court summons in the next couple of

weeks.

 

 

 

 

----- Original Message -----

From: "The Cooperative Bank"

To:

Sent: Monday, June 01, 2009 2:33 PM

Subject: **URGENT MESSAGE**

 

 

Dear

 

URGENT MESSAGE

 

Can you please contact The Cooperative Bank as a matter of urgency on 0845

602 8819.

If you choose to respond to this email, please ensure that you DO NOT

include any confidential account details as this is not a secured platform.

 

Regards,

 

Val McCarren

The Cooperative Bank

6th Floor, Balloon Street

Manchester M60 4EP

 

[alanalana]

Hey PF better advice in here on legal and court proceedings..

 

Legal Issues

 

aa:)

[citizenB]

PF, please take time out.. I understand you are extremely angry and frustrated.. but dont make yourself unwell ((()))

[alanalana]

PF, please take time out.. I understand you are extremely angry and frustrated.. but dont make yourself unwell ((()))

 

second CBs sentiments. It should be you and family first:)

 

aa

[pompeyfaith]

im ok now Citizen thank you.

 

I have given up pussyfooting around with this bank the N1 will go off by end of week.

 

I have enough evidence now to take them to the cleaners

 

Also can you believe not only can they not issue Default Notices as stated to me on the phone by the FOS they are nonce anyway according to the CCA 1974.

 

Round 3 begins soon.

 

Regards

 

PF

[johnnymitch]

Hi PF , sorry to hear you're getting grief from that shower again , but as the others have said , don't make yourself ill over it .

 

To answer your question , it is normally advisable to submit your claim through the local county court - reason for that being that there is much more room for Particulars of Claim (POCs ) on the courts' N1 form . With the online one it's a battle wondering what to leave out and what to make sure you leave in ............

[pompeyfaith]

Hiya All,

 

Here is an update on this PPI Claim.

 

I have had another letter from the FOS and it seems they have their wires crossed.

 

It goes on about the Co-operative are unable to supply a breakdown of their offer ?

 

I did not request a breakdown of their offer as i knew it was not correct what i requested and have requested this now for a very long while is:

 

What was the settlement figures of the PPI element when I refinanced some of the loans.

 

You see the problem I have is that I know that 100% of the PPI policy cost has not been returned only a percentage has been refunded back into the next Loan.

 

Surely it is fair to ask this and insist that the rest is returned back to the current Loan.

 

Copy of Letter below:-

 

 

Regards

 

PF

[citizenB]

I havent read all of your thread to see what is what at the moment so can you answer a couple of questions.

 

If I read the letter from the FOS correctly, the co-op want you to sign a new loan agreement minus the PPI amount, yes ?. If all the PPI from the previous loans were repaid would this wipe out the amount owed in total ?

 

I will catch up with the thread later on, but if you could answer the question above, would appreciate it.

[pompeyfaith]

citizen, that is correct they want me to sign a new agreement and yes what i am owed would pay off current loan with considerable change PF

[citizenB]

Sheesh, what a mess.

 

I dont think the FOS are helping much are they ?

 

PF, did you send those spread sheets to the Ombudsman looking at your paperwork. Surely that would help them to see things in perspective.

[pompeyfaith]

yes citizenb they have the spreadsheets and no they are not much help PF

[citizenB]

I sent you a pm:D

[johnnymitch]

HI PF and CB

 

Apparently , (rumour has it) FOS are using untrained students to adjudicate on some of these cases .

 

I think if you go back to them with a request for a more senior adjudicator to give you a second opinion , this has been known to work ....... and make sure they've got all the paper work they need - so they don't have to guess. - If you also spell out your opinion or say what you think they may just go along with it ......

 

btw I love that avatar of your mum and dad's wedding PF - a lovely touch mate ....

[johnnymitch]

Hee Hee - two posts together again CB - you must be psychic...... LOL!

[citizenB]

Hee Hee - two posts together again CB - you must be psychic...... LOL!

 

Oh if only??? I would rush out and buy some lotto tickets

 

I agree with what you are saying JM.. I think there is some serious misunderstanding by the FOS or misleading by the co-op.

 

I think PF needs a hard hitting letter to the FOS, with a copy to the coop. Do they not realise his counterclaim is going to be a damn sight more than what they are threatening him with..

 

Ok, citizenb slowly calms down and removes herself from the arena

[pompeyfaith]

Thank You both i will get on to this this evening after my dinner. I will post my letter tonight 4 your thoughts PF

[johnnymitch]

Ok, citizenb slowly calms down and removes herself from the arena :grin:

 

Aw don't go CB - we need your spirit here to fire us up to sock it to 'em :lol:

 

No worries PF - you've done it before ...... up and at 'em , once more unto the breach , Dear Friend , once more ! LOL!