Are Capital 1 contacting customers? ***WON***

[Andyorch]

Hi Greg

 

Ims requested I look in on your P.o.C re PPI. Have you drafted that from a template here on Cag?

Have you done a LBA ?

 

Heres some notes and guidance before you finalise your claim.

 

 

The clearest cases of mis-selling are those where customers were soldthe insurance when they had no chance of claiming on it.

• If you were not employed at the time you took the insurance - whether you were unemployed, self-employed or retired - it will be impossible for you to make a valid insurance claim.
  
• If, when you took the insurance, you had a medical problem that could have kept you from working; you should have been warned that the insurance was unlikely to be suitable for you. If it wasn't explained, you can claim.
  
• If you were sold a 'single premium' policy - where the whole cost of the loan is paid for up front with money that is also borrowed at the same interest rate as the loan - you should at least be able to get a refund by canceling the PPI. If you canceled or repaid the loan early, but were unable to cancel the PPI, then you can claim for a refund.
  
• If the refund you were offered was only a fraction of the cost you paid, you can claim to get a fair refund. If you were able to cancel the insurance, but the loan was redrawn at less favorable rates, you can also claim money back.
  
• If the entire cost of the PPI was not explained to you, or if the company only quoted the cost of the loan with the PPI attached, then you can claim.
  
• If you were told the insurance was compulsory it is likely you can claim. Lenders can insist that a borrower has PPI, but any company that signs up to the banking code must not insist you take out the insurance with them. It is far cheaper to buy it separately from an independent provider.
  
• If other important features of the loan were not explained - for example, the terms for canceling the cover or significant exclusions such as stress and back problems - then you can claim.
  
• Most policies have an upper age limit - usually 65 or 70. If you were older than the age limit for your policy when you took the insurance, you can claim.
  
• If you were sold your PPI by one of the firms that has already had FSA action taken against it, there is a good chance you can claim. Check the FSA website.
  
• If you already had alternative cover that could insure your repayments - such as income protection or an employer illness or redundancy package - but were not asked about this, you could claim.
  
• If you bought PPI to cover a long term loan there is a chance that the insurance will run out before the loan is repaid. Most PPI policies will only run for five years, so if your loan term is longer than this the seller should have explained this limitation. If they didn't, you can claim.
  

• If you have noticed you are paying for PPI that you didn't know you had there is a chance that it was added without your knowledge, or through an 'opt out' box that you missed. It will be up to the seller to prove you agreed to the insurance, so if you can't remember being asked, you can claim.
  

Regards

Andy

[Andyorch]

:!:" I took out PPI on the phone when activating my card."

 

Never heard that one before clever things these telephones:madgrin:

 

Cast iron case then, issue the Claim from your local CC and see how they respond.(if they respond)

 

Regards

 

Andy

[Andyorch]

Quote CAP1

" you later purchased PPI during a telephone conversation on 27 May 2004 when you contacted us to activate your card."

 

But of course you did, we all do, its the first thing on our minds when we ring to activate.

 

PS they have backed down on all claims i have assisted with and settled.

 

Andy

[Andyorch]

Once you have your figure (premiums paid) using the calculator will work out any compound interest.

You list the 8% within your P.o.C (not in the claim total) this is at the Courts discretion.

 

Once the amount has been calculated you can also add the actual cost of any interest (so that you're put back into the same position you would have been without the insurance) plus the 8% interest a court would give (to compensate for your loss of the money).

The provider should also consider correcting any further losses you have had as a result. For example, any resulting arrears charges or default interest from PPI making them unaffordable. If you have an outstanding debt to the lender they can use the money to pay it off though.

 

Best of luck

 

Andy

[Andyorch]

Thank you again for all your help. I take it if it does not go to court I cannot claim the extra 8% then.Only on a successful judgment

Comes out at £4995!!! Perfect SCT then

I attach this to the POC I assume but as you said only put the amount owed plus compound interest on the POC.

and the request the 8% within the poc

but dont put it in the claimed amount on the summons.

Andy

 

[Andyorch]

17. The Claimant seeks damages I personally would not use that phrase as you are not seeking damages or have a case for damages.

Regards

Andy

[Andyorch]

Looks like you have it all covered Greg.

 

Regards

 

Andy

[Andyorch]

On point 18 of the PoC Greg remove the to date and just request it ......up until judgment.

 

Regards

 

Andy

[Andyorch]

Paper clip preferred:wink:

[Andyorch]

Good stuff Greg now count the days:wink:

 

Andy

[Andyorch]

When/If they make an out of court offer will this include the £120 I had to pay to start procedings or is this now lost forever? Prob not

Can I claim my court fee off them legaly? If it proceeds to trial and you win you will get costs also

Once this one is sorted they will be getting it all over again for my charges too.

You cant bring a separate claim for costs if you accept settlement.

 

Andy

[Andyorch]

I mean unfair late payment charges etc on the account.

 

I thought they was already in your claim, have you not claimed them with the PPI?

[Andyorch]

See if they file a defence then Its not unusual to say one thing and do another and they certainly wont let you get a default judgment, normally they play it all the way then pull out and offer settlement.

[Andyorch]

Just phoned the court to see if a defence has been filed yet and still no word. they said I can apply for judgment tomorrow if it is not in by then.

 

Regards

 

Andy

[Andyorch]

capquest chasing old citi card - ppi reclaim too Page 5 onwards.

 

Andy

[Andyorch]

Get request for judgment in on time dont allow a last min defence.

 

Andy

[Andyorch]

And don't worry about the 5K threshold its pre AQ.Therefore no track.

 

Andy

[Andyorch]

Oh and attach a copy of the spreadsheet with compound interest plus 8% compound interest as well?

 

 

Correct, looks like you have got the hang Greg.Did you run the figures by ims?

 

Regards

 

Andy

[Andyorch]

Hi

 

Just got in Greg...will have a look at your PM and reply in a bit here

 

ims

 

 

Typical part timers:lol:

 

Many thanks ims.

Regards

 

Andy

[Andyorch]

Your claim plus compound =£ and then finish with plus interest under s.69 8% per annum from (start of the agreement) until judgment or sooner payment.(to be determined by the DJ)

 

Regards

 

Andy

[Andyorch]

Which Court are you dealing with Greg MCOL or local?

 

Andy

[Andyorch]

Ok Greg had a quick look through merely here say and verbal reliance so it wont wash.Did you really miss number your points OMG !!!!!!!!

I will run through it in detail again shortly but in the meantime a response must be prepared and more importantly you need to check with the court if they was in time and as the defence been accepted.

If so heres a few pointers on how to draft a defence response.

 

You must answer all the points raised in their defence in a formal reply to the defence, which should be sent to the defendant and copied to the court at least 7 clear days before the hearing date. It should be clear and lucid and, where necessary, advise the defendant how his or her dissatisfaction can be remedied, for example by submitting returns. It must not be capable of being construed as an attempt to prejudice or predetermine the outcome of a defence hearing, though there is nothing wrong in making it clear that you will be seeking judgment at the hearing.

In order to comply with CPR15.8, a reply to the defence must include a Statement of Truth, Without a Statement of Truth the reply may be thrown out by the court and is not admissible as evidence.

Where the defence has been filed by someone acting on behalf of the defendant, typically a solicitor, you should send the reply to the person acting and send a copy to the defendant, with a further copy to the court.

A comprehensive reply to the defence will resolve the difficulties that the defendant may otherwise seek to raise at the hearing. In this way, the eventual hearing will be all the more straightforward and the court is more likely to enter judgment speedily in your favour.

You will find it helpful to set out in your reply any references to legislation, when you have time to consider the matter fully, rather than when you are in the courtroom.

If there is not enough time to send a formal reply to the defence before the hearing, you should attend the hearing and be prepared to answer all the points raised in the defence verbally. However you may still find it helpful to prepare a formal reply to assist in presenting your case at the hearing.

Your reply to the defence, should provide sufficient evidence in most cases to convince the court to enter judgment for your claim.

 

Regards

 

Andy

[Andyorch]

Its the date the Court received it so jiggery pockery dates wont wash.They may allow leniency up to a few days max.

The date you requested judgment is more important.

[Andyorch]

They filed the defence late and missed the bus, however they may try to set a side, doubtful though.Wait to see if they pay up or you may have to consider enforcement

Greg.

 

Well done ( i will get your thread amended when you have the cheque in your hands:wink:)

 

Regards

 

Andy

[Andyorch]

Greg you really need a copy of their defence before completion but this will give you some idea.The claim has been defended (even if late) so it has been transferred to your local court and your local court is now arranging to make some directions for the future conduct of the case.

This is where the AQ comes in. It's a bunch of questions the answers to which will help the court manage the case.

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Claimant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick No

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G (example)

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particulars of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide how to direct the claim.

 

Regards

 

Andy