Any thoughts ????

[tonycee]

Hi.

 

I am out of my depth now and wondered if anybody could help. Very brief outline, and a couple of questions or six,

 

Barclays loan 2003 £17.5k + 5k PPI.

Defaulted on loan. ( Circumstances irrelevant at this stage )

Barclays C.C.J. in 2005/6ish + charge on my house. Their solicitor at court said only a payment of around £600 PCM would stop them from seeking a sale. Couldnt afford £350 PCM at the time, so how was i expected to pay £600 PCM.

Was pressured into a costly sub prime remortgage to pay Barclays off. This led to a massive downward spiral on my financial circumstances.

2008 was declared Bankrupt by Inland Revenue ( 15k ) but actually owed £10.5k but wasnt worth fighting.

2010 House was eventually repossessed by mortgage co as i had lost the fight. Was on my own again at this time, so wasnt bothered.

 

After approx 3 years of fighting Barclays for the return of the PPI, eventually through the FOS they agreed to repay the premiums. I also explained to the FOS that i was seriously out of pocket due to Bs actions, and wanted compensation.

 

A couple of months back, Bs made a derisory payment of £1,300 and offset £3,400 towards their costs and charges. Despite requesting several times for a breakdown of payments accredited to the account, i have still not received one, and feel that not all of £600 PCM payments have been credited.

These payments were made over the counter, in cash, with a paying in book.

 

Now, here's my questions.

 

1. As the PPI was mis sold, and added regardless of suitability, i was self employed, have i read somewhere that a judge has deemed the agreements " wholly unenforceable in law " and do i have a course of action to overturn the original CCJ.

 

2. If question 1. is possible, would i be able to recover all, or any of the costs i incurred, as a result of that CCJ.

 

3. If question 1. is not possible, surely Bs had no right to offset any costs and charges as i am a discharged bankrupt, and surely this prevents them from doing so.

 

Now, even the FOS wont talk to me anymore, and im really struggling to accept the derisory payment. I calculate my out of pocket costs to be in excess os £27k due to Bs obtaining a CCJ on what i believe is an " wholly unenforceable agreement " in law.

 

Any comments, suggestion, or advice ?

 

Im really struggling to find a solicitor who will take this on. Not because they think i dont have a chance, but because as soon as you mention PPI, big institutions, bankruptcy, repossession, they go all defensive and think i cant pay.

 

Thanks for reading. I meant it to be brief, but i had to post the facts.

 

Ta Tony.

Edited March 31, 2011 by tonycee

[BankFodder]

I'm trying to get this story into perspective. But my first question is whether the PPI matter has been settled? In other words have they returned will your premiums to you? And if so on what terms? Was this a full and final?

[tonycee]

Yes they have repaid the the PPI premiums as such, although they only sent me a cheque for £1,280.13p and off set £3,543.02p towards their costs and charges, leaving, in their words, a reduced outstanding debt of £453.92p

 

Their reference to terms reads,

 

I refer to correspondence received from the Financial Ombudsman Service confirming your acceptance of its proposal for settlement of your complaint.

 

There are then 2 pages of figures relating to the loans, and the final sentence reads,

 

I hope this ionformation is of assistance to you and is to your satisfaction.

 

There is no mention of F+F.

 

Thank you for finding the time to look at this. Not suprisingly i am not satisfied at all, and i am really struggling to get to grips with what has happened.

[BankFodder]

so what was their proposal for settlement? And did you accept? And did you accept unconditionally?

[tonycee]

Above IS their proposal for settlement. They wont even correspond with me anymore.

 

I originally accepted to abide by the Financial Ombudsmans decision. Although my original complaint included all the details i have mentioned. Now they wont correspond with me either.

 

I have not accepted anything other than that. From Barclays or the FOS. Unconditionally or otherwise.

[BankFodder]

I'm getting very confused because it seems to me that you are not giving us all information one go.

 

To get directly to some of your questions as I see them, if you are able to show that the PPI was mis-sold, then yes you could potentially use this to try and invalidate the entire agreement on the basis that they abused their dominant position.

 

To overturn the original CCJ, you would normally have to set-aside the judgment. This would be a difficult thing to do in respect of the 2003 judgment – but in principle there is no reason why could not be done. However, I can imagine that in the circumstances there could be a risk of costs if you lose. In fact the value of what you're doing would probably exceed the small claims limit and so you would be on a higher track anyway.

 

A smart way to have done this would have been to use the courts to claim back your PPI and any associated interest as well as demanding restitutionary damages on top. However it seems to me that you may have agreed to offer of settlement from the bank and have received the money. It may well be that this offer of settlement prevents you from taking any further action.

 

I think you would have to let us see what the proposal for settlement was. You have referred to it that you haven't given any details at all. Without sight of the correspondence, I don't think that we are able to help you

[tonycee]

I'm getting very confused because it seems to me that you are not giving us all information one go.

 

Exactly what information do you require. I have tried to keep it as brief as possible.

 

To get directly to some of your questions as I see them, if you are able to show that the PPI was mis-sold, then yes you could potentially use this to try and invalidate the entire agreement on the basis that they abused their dominant position.

How much more proof do i need. I have an offer 3 days before the signed agreement with no PPI on it. Later i asked about this and their reply was, we made a mistake. Damn right they did.

 

To overturn the original CCJ, you would normally have to set-aside the judgment. This would be a difficult thing to do in respect of the 2003 judgment – but in principle there is no reason why could not be done. However, I can imagine that in the circumstances there could be a risk of costs if you lose. In fact the value of what you're doing would probably exceed the small claims limit and so you would be on a higher track anyway.

The CCJ was Dec 2004 for £22,622.51p.

 

I have spoken to Bradford County Court, who informed me that there is no time limit to applying for a set aside.

How can i lose? The facts are slapping me in the face. What i am struggling with are the technicalities of submitting a POC.

 

A smart way to have done this would have been to use the courts to claim back your PPI and any associated interest as well as demanding restitutionary damages on top. However it seems to me that you may have agreed to offer of settlement from the bank and have received the money. It may well be that this offer of settlement prevents you from taking any further action.

In my original complaint to the FOS, i reserved the right to start court proceedings should the outcome not be satisfactory. This is the stage that i am at now.

 

I think you would have to let us see what the proposal for settlement was. You have referred to it that you haven't given any details at all. Without sight of the correspondence, I don't think that we are able to help you

 

No problem. But as i said. The only proposal was that i would accept the decision of the ombudsman. Subject to a thorough investigation regarding my out of pocket costs.

 

Which letters do you want to see.

Edited April 1, 2011 by tonycee
spelling

[BankFodder]

As I said, there is no obstacle in principle to setting aside a 2003 judgment. Same for a 2004 judgment. However, there will be raised eyebrows and it will be difficult. The older the judgment is, the more difficult it will be.

 

You hadn't mentioned the circumstances of the PPI before. this new information about how it was sold is very helpful. I gather that you were sold PPI even though you were self-employed. Also, I gather that it was introduced without your knowledge. Is that correct? Why did you continue to pay the instalments once you realised what was going on? These are questions which a court will ask you. I take it that you never made any claims on the PPI policy?

 

One thing I still don't understand is how Barclays have paid you without getting something in writing from you that that is the end of the matter. This is unclear and you haven't dealt with it. I understand that you made it clear to the ombudsman that you reserve the right to go to the courts if you are not satisfied. That is entirely normal. However, it must have come to some point in the ombudsman's investigation where they made a recommendation and Barclays agreed and paid out. You have accepted the payment. Surely Barclays didn't simply send you some money in the hope that that was the end? How long ago they pay you the money? Have you used the money? Have you indicated to Barclays that the money is not acceptable and that you are returning it?

[tonycee]

Yes im very sorry if this is confusing. I still confuse myself. OK, a little more info.

 

I have been trying to resolve this since 2007. Bs continually told me they had done no wrong, until FOS got involved. I had a million other things going on in my life, and maybe never pursued as i should of. But Bs told me they were right, and i was wrong, and i accepted that until recently.

 

loan + PPi approx £22.5k in 2003

Made many payments including £600 pcm after CCJ up to 2006 when i remortgaged to pay off the balance.

Yes the PPI was applied regardless. No questions were ever asked about suitability. Indeed i received an offer without PPI, and another offer 3 days later with PPI. Like most people, i knew no different, and simply accepted Barclays new what was right and wrong.

I never made any claim against the PPI, as i never knew until after i had remortgaged, and media coverage kicked in, that i even had it.

 

I want to make something clear, im not trying to challenge the loan, i thought i had paid it off. Im trying to establish if i have a course of redress for the losses i sustained because of the CCJ.

 

One thing I still don't understand is how Barclays have paid you without getting something in writing from you that that is the end of the matter. This is unclear and you haven't dealt with it. I understand that you made it clear to the Ombudsman that you reserve the right to go to the courts if you are not satisfied. That is entirely normal. However, it must have come to some point in the Ombudsman's investigation where they made a recommendation and Barclays agreed and paid out. You have accepted the payment. Surely Barclays didn't simply send you some money in the hope that that was the end? How long ago they pay you the money? Have you used the money? Have you indicated to Barclays that the money is not acceptable and that you are returning it?

 

 

When you complain to the FOS, they send you a complaint form, you fill it in and return it. They then contact Bs and come back with a decision. In my case it was that Bs had agreed to return the premiums plus interest, subject to the ombudsman's recommendations.

 

The FOS paperwork also says that you can have an adjudication if you are not happy with the outcome.

 

I returned the form saying that i will accept the ombudsman's decision as final if it satisfactorily meets my claim.

 

Yes Bs sent the money without me signing as F+F, ( something i have learnt from this site )

 

They paid me on 7th Jan this year. I have cashed the cheques, but the funds are available if necessary.

 

I immediately contacted Bs and the Ombudsman that i dont accept this as final, and here we are to date. Neither will reply to my letters.

Edited April 1, 2011 by tonycee