next directory ppi/ppp

[sharpgun]

by thr way there defence is full of sh**t and lies they have totaly ignored the fact they dont have permission to speak to cra. they keep on about the ppp policy that we should have been aware they were taking the money all 50p a month, they say they only took £360 ish fromm 1991 onwards, then in the next breath they say they dont have records back to 1991, dont see how they can come up with a figure. they have now produced a policy from royal sun alliance no dates or anything to show if this was the policy in 1991, where it clearly states you have to be in full time employment to be covered by the loan. funny there is no where on the policy where you are supposed to sign? is it just information? i thought you were supposed to sign to prove that you had read and excepted it. and there is more I think probably best to put defence on here and get feedback via pm cause i think they are reading it

Edited April 2, 2010 by sharpgun

[pawnbrokers]

how long before you ave to file answeres - have you got time to check the policy with royal sun allieance, they must have a record of the dates the dovument covered.

agree, seems strange to give a figure then say you got no information on it.

 

how were we to know that this PPP wasnt just another service type charge??

[pawnbrokers]

especially as the never ever supplied anything at all to u about what PPP was - PAID in the BLINDNESS of not knowing, what they were for.pb / -

[sharpgun]

my thoughts are the same as with mbna any way

1 they dont have a signed credit agreement

2 they dont have signed copy of any acceptance for ppp

3 they dont have any signed authority to contact credit referance agencies-

the rest of the stuff although wrong doesnt really matter they have to have the above to take our money end of---no matter what excuses they come up with.

[sharpgun]

right they sent me a copy of there credit agreement,unsigned, no dates just usual crap about having an account, but interestingly it has a big box in the middle where customers have to sign and date the acceptance of the agreement. So if this is a true copy where is the one with our signiture on it? i wonder how to word that in the part 18 request?

[sharpgun]

ok going to send part 18 request here it is

 

In Pursuant CPR18 Request

 

• Please could you forward any recordings of telephone conversations between me and any NEXT staff. Specifically a conversation between xxxxx and First Assist 26/03/2010 at 13.10pm which they told xxxxx would be recorded. In the recording they informed him, that I had to of been in full time employment at the time the account was open. I have not worked since 1988 when my daughter was born. If the policy which you added in your defense in appendix 1 was the same as the policy in 1991, Eligibility Section A clause 2 clearly states (in full employment).
  
• Please can you forward a true signed and dated copy or the PPP insurance policy documents that where applicable at the time the loan was taken out, by the company that underwrote the PPP policy in 1991. (I consider you deliberately withheld the information which was asked for in the sar which you failed to pass on)According to First Assist the insurer was Next themselves. First Assist where the claims administrator at that time according to the recent phone call not sun alliance, it is unclear who the actual insurer was in 1991.
  
• Please could you forward any true copies of any Default Notice and Termination letters in regards to the above account
  
• Could you please pass on any information on Commissions you paid to other groups or individuals?
  
• Could you please show where I gave you permission to consult credit reference agencies?[/font] You will be aware that the Data Protection act 1998, an act of parliament, requires you to hold signed authority from myself to process such data that does not fall within the public domain.Can you please supply me with a signed copy of my consent, given to you for the purposes of allowing you to process such data.
  
• Could you please forward me a true signed and dated copy of the credit agreement for the above account? You sent a copy of an agreement (unsigned) in the sar information which clearly shows an area where you require a signature and date from all your customers.
  

Please respond within 14 days of this letter

Yours faithfully,

 

any thoyghts appreciated

[pawnbrokers]

sg-

have been away - some comments on your requests for info.

• Please could you forward all recordings of telephone conversations between myself and any NEXT staff, or authorised operatives acting on your behalf. Specifically a conversation between xxxxx and First Assist of the 26/03/2010 at 13.10pm which they said to xxxxx would be recorded. In the recording they stated, that I had been in full time employment at the time the account was open, when in fact, I have not worked since 1988 when my daughter was born.
  
• If the policy which you have added to your defense in appendix 1, is a true copy,of the policy for me in 1991, Eligibility Section A clause 2, clearly states (in full employment).
  
• Please can you forward a true signed and dated copy or the PPP insurance policy documents that where applicable at the time the loan was taken out, by the company that underwrote the PPP policy in 1991. (you clearly withheld this information which was asked for in the Subject access request dated ???? and which you failed to comply with) According to authorised representatives, First Assist the insurer was Next themselves and your representatives, First Assist were the claims administrator at that time, according to the phone call 26.3.10, and not sun alliance. In view of your represetatives remarks it is unclear who was the actual insurers in 1991, hence my request for the true copy of the policy in place at this time.
  
• Please forward any true copies of any Default Notice and Termination letters in regards to the above account
  
• Could you please disclose all Commissions, received or paid to or from other groups or individuals?
  
• Could also disclose where I gave you permission to consult or report to, credit reference agencies?[/font] You will be aware that the Data Protection act 1998, an act of parliament, requires you to hold signed authority from myself to process such data that does not fall within the public domain.will you please therefor supply me with a signed copy of this consent, given to you for the purposes of allowing you to process such data.
  

please therefor forward me the true signed and dated copy of the credit agreement for the above account? not a copy of an agreement (unsigned)as supplied, in the Subject access request, which clearly shows an area where you require a signature my copy is clearly blank, dated, which you insist you must have from all your clients.

 

 

slight rewording, but i must say its only based on what i have gleened from your, minimal details.

please re-read abd re-read, andake sure i havnt changed anything that you wanted to say - its something, you can play with - hope it helps.

[sharpgun]

ye thanks i will send you a copy of the defence if you pm me your address

[pawnbrokers]

sg, tried to pm you but it says your in box is full so couldnt send details - pb

[sharpgun]

ok all sent my part 18 request two weeks ago and got a reply yesterday it said,

(I write further to yourletter dated the 6th april making a request for disclosure under cpr18. Our view is that this case will be allocated to the small claims track and that of the civil procedure rules do not apply to such claims as per cpr 27.2(f). We are therefore not in a position to respond to the request you make.

allocation questionnaires are now due to be submitted and in the unlikely event that the matter is not allocated to the small claims track then youwill be able to resubmit your request at that stage. you should however consider the costs implications in such circumstances.(do i see a chink the armour here, are they trying to put me off?)

you will have every opportunity to put your case to the court at the appropriate time.)

N244 ? I can now apply through the court cant I, anything stopping me?

Edited April 17, 2010 by sharpgun

[sharpgun]

same old

[sharpgun]

ok should nobody be watching have sent pt 18 request. next replied saying they dont have to respond to a pt 18 request(because they cant) so now have sent n244, they cant avoid that one, they have 7 days to reply or i have asked the judge to strike out in my favour 4 days to go!!!!!!!!!!

[pawnbrokers]

im still here watching, but yu never answered my earlier posts - i hope it comes right for SG - pb

[pawnbrokers]

Just for your information, I had a letter from next in which they clearly state that the original PPP was sold on an "OPT-IN" basis, and they send docs insurance details with explanation that if you dont say NO, then policy will be added and charges put on account. This would explain your earlier advice from next about insurance.

Also in same letter they gave me details of Insurance company they originally used, but they were only used for a 5 year term, then not renewed.

 

In my latest correspondence, they have made a different declaration stating that it was added because it was requested.

They also intimated that they no longer sell PPP, but as you know thats not stopped them from taking the money for years and years.

 

Only posted info up in case you ever get to court, it will add to your knowledge - pb

[sharpgun]

well i will soon be on new ground if they dont settle now. I am told by my solicitor, if they dont have what i have asked for, they will have to pay.

As long as the judge agrees that they should be producing what i have asked for.

Have you any experiance with n244s pb?

Edited June 19, 2010 by sharpgun

[pawnbrokers]

unfortunately not, the court route for these actions is my very last resort and not had any experience of this area - sorry mate - pb

[sharpgun]

just back from holiday, the 7 days next had to reply been and gone, nothing from next!!!!!!!!!! How stubborn are they, looks like it will go to court if they cant produce what i have asked for, what happens?

[pawnbrokers]

just back from holiday, the 7 days next had to reply been and gone, nothing from next!!!!!!!!!! How stubborn are they, looks like it will go to court if they cant produce what i have asked for, what happens?

 

Im not sure if this is stubborness, i think its just lack of ability to understand their position,,I have got so many contradictions from them and they want to stick there head in the sand and hope you will go away - think you will find court or a big GUN, is the only way, ill be waiting to see your updates - pb

[sharpgun]

ok court thursday, have spoken to my silicitor, he cant see why they are going to court. They are just refusing to give me any information, they will probably try and say it is time barred but i evidenceto show they still were taking ppi in 2006, thats sixteen years after the account was opened. I wonder if they are still taking ppi from other customers even though they dont sell it any more?Anyway i will be asking judge to strike it out as they have failed to provide me with the information i have asked for.

[pawnbrokers]

good luck - the answer to all pre 6 years claims, is that you have 6 years from when you were made aware of it - so hidden items cannot be time barred - but thats another law - pb

[sharpgun]

ok,

latest news is this, turned up at courtand thought my luck was in. Next didnt turn up!!!!! So I thought the judge would strike out the case in my other halfs favour, but no such luck apparently they dont have to supply information to me under part 18 or a N244 and at her discression because they have submitted a defence that is very flimsey she said they must be allowed to put there case across. My solicitor who is on holiday at the moment told me that there is another way which I think was a part7 request or something like that, could make them have to produce the evidence that I require. The truth of the matter is they dont have any of it and are just stretching it out.If anyone other than other than my mate pb ever reads this thread any information will be greatly appreciated

[sharpgun]

the thing I think I have got to do now any way is prepare for court with the papers I have and I dont have a clue so I now need help

[sharpgun]

does anyone no where i can get a bundle related to ppi?

[sharpgun]

bump

[MARTIN3030]

Have a look at some settled cases.

Also info in the stickies.

 

some case law here too;

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/122314-useful-documents-ppi-bundles.html