Court saying N1 wrong form - help!! CCA, PPI

[clairemp]

Hey

 

Some guidance please. I'm at the stage of issuing claims against AA Visa/Loan - both of which have improperly executed agreements, and both of which included Payment Protection Insurance which AA have admitted was mis-sold but which monies they've held onto against the disputed account. Having got nowhere with the Ombudsman, the Ombudsman very specifically said that a court had to rule as to whether the agreements were enforceable/wholly irredeemable, I took quite a lot of time formulating the Particulars of Claim which can be summarised as:

 

 

Court judgment that Credit Card Agreement is improperly executed and/or fraudulently misrepresented and thereby irredeemably unenforceable; repayment of Payment Protection Insurance monies the Defendant has admitted mis-sold and thereafter unlawfully withheld, thereby receiving unjust enrichment by duplicated benefit on the Defendant’s own mistake in law and/or fact; rescission and/or discharge of disputed account balance or in the alternative reduction of said balance as restitutionary damages for contractual breaches and contraventions, breaches and violations of law and governing principles; removal of default entries with Credit Reference Agencies in order to put Claimant in position would have been in before the mis-sold Payment Protection Insurance; restitution for escalating debt collection practices and breaches of Data Protection Act 1998.

 

HOWEVER the Court keep sending the forms back with different things wrong with them. I have rung and tried to find out what the problem is and their main problem seems to now be that an N1 claim form is only for money claims and the rest of it should be taken out. Though it is all one claim and we are ultimately talking about money. They say the value of the claim should ONLY be the money I actually want back and interest thereon, not for example the account balance I'm disputing - while you can certainly argue that it's not money coming back, it's certainly a monetary value of monies written off and I think it has to be included in a monetary value ascribed to the claim. When I asked what form I should be completing, their answer is to get legal advice. Which I of course have had...

]Tis like a hamster ball. So, any ideas on what claim form I should be completing? It's all one matter with two sides in dispute upon which a court has to make a judgement in law, and I would guess that the value of the claim is mainly to do with the track it'll be heard on. At one point, she said courts only deal with money claims - huh?

 

Thanks for any advice.

Cheers

Claire

Edited July 6, 2010 by citizenB
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[middenmess]

IMO

 

I would detail your claim and work out the exact sum that you are seeking then get it checked out on here and then send it to AA or whomever and see where that gets you.

 

The general advice on the forum is not to take these creditors to court as you are then in the position where you have to prove your claim in its entirety which is a very,very difficult thing to do for a LIP.

 

If you have the services of a good QC then you would have a much better chance of a good result.

[clairemp]

Hey

 

Thanks for the advice: I already sent it to the AA and all they did was escalate the harassment and passed it to other debt collectors after the first lot passed it back to them on grounds that it was disputed. I've based the Particulars of Claim on the advice on the forum and have further investigated the details of all the legislation, precisely so I understand the details so I can argue my whole claim myself. Some of it is actually very simple precisely because they've admitted they mis-sold the Payment Protection Insurance. Having tried the Ombudsman first who said it has to go to a court of law, I have had very bad experiences with solicitors and am not in the position to throw any more money at the problem. I want to issue these forms and get it resolved one way or the other.

 

All the advice is that it's the N1 form; if the court say it isn't, what form should I use?

 

Cheers

Claire

[Guest Mrs Hobbit]

The PPI issue is seperate to the enforceabily of the Agreement, even though it is rolled together.

 

you would need to take two seperate actions. I know it is painstaking and frustrating, but these are two seperate issues in light of the developments happening with reclaims.

 

To get the agreement declared unenforceable the fault in the Agreement has to be proven.

 

I would reclaim the mis-sold PPI first and then taken the enforceability issue after this. The PPI refund will strengthen your claim regarding the Agreement.

 

Issue the N1 for the mis-sold PPI and include any interest payments you made on this as well as the 8% County Court interest and your costs in bringing this claim.

 

One step at a time.

[middenmess]

PPI - Some Notes for Claimants..

[clairemp]

Hi

 

I'm doing it as one claim because they've already admitted in writing that the PPI was mis-sold - that step has already been taken and they've admitted culpability. I need to include it in the discussions about the enforceability of the agreement as the mis-selling itself is a breach of contract and an unfair term with them exercising an unfair relationship; the PPI is listed as an obligatory component of the CCA on the CCA they claim is the executed one, and has been detailed on that CCA as part of the agreement rather than separate as a different category of credit for which the prescribed terms haven't been included, so the PPI itself is one of the things which are wrong with what they claim is the executed agreement which then have a cumulative effect.

 

I'm happy with the content of my Particulars of Claim; I just needed to know what form would be correct, when Halifax County Court seemed to think it wasn't a matter for the court at all.

 

Thanks for the help though.

 

Cheers

Claire