Debenhams Store Card PPI ***Urgent Help Required*******

[Kate1973]

Hi ims

 

Thanks for your reply, i'll just check what others view's are also. acould get interesting i feel!!!

[Kate1973]

Hi

 

I have received a CC claim from issued from Northampton CC. My issues are that i have an incomplete SAR from 2006 as they failed to send all statements from the first couple of years of the account being open. If GE money didn't send these is it likely that Santander will be able to produce these??. Also in terms of my complaint in respect of the PPI being added to the account does this constitute as the account being in dispute as i am still trying to get this back even though i have received their final response and had also received a final letter of not being able to helo from Finance & Leasing Assn. My next course of action was to be a court claim. The Issue date was 27th June and from reading the paperwork i have to respond by 14 days from this date plus 5 days??. My thoughts are to defend and counter claim but to just complete the acknowledgement of service at this stage to give me time to prepare my defence??.

 

Any help gratefully received as i have taken the day off to get this sorted and a response back to court.

[Kate1973]

*bump*

[ims21]

Hi Kate

 

If it were me I would be acknowledging and start work on the defence and counterclaim.

 

As you have some of the transaction history missing you will need to get an estimate of the ppi premiums paid for the missing months. This is easily done by taking an average of the monthly premiums you do know about and then applying that to the missing months.

 

I take it you did the letter back to Cohen as previously advised telling them that the account was in dispute? If so this will form part of the defence that they are claiming on a disputed account. I believe you also have the defence that in view of an incomplete SAR you have been unable to verify the actual amount due.

 

As this is a card, are there any late fees or oother charges on the account that you can claim back.?

 

I'm going to ask one of the guys to have a look in here to help with the legal side of things for you.

 

Regards

 

ims

Edited July 7, 2011 by ims21

[Kate1973]

Hi Ims, thanks for your reply.

 

I didn't actually get a letter off in time as the CC claim arrived before i got round to it?? What impact do you think this will have, obviously i have all previous corres relating to my claim for the mis-sale & responses?

 

Thanks

[ims21]

Hi

 

I just felt that if Cohen had known it was in dispute they may not have issued in court. However, whats done is done but you can still use the "in dispute" bit in your defence and counterclaim.

 

I have flagged this for attention to the site team as there are those more experienced in the actuality of defence and counterclaim than I am and I don't want to give you misleading advice. Hope you understand.

 

Regards

 

ims

[Kate1973]

Hi ims,

 

Thanks for your help, i'm hoping that i have enough evidence to demonstrate it was in dispute, and a few days after the CC claim landed they wrote back to me asking me to contact Lewis & co tp pay up. Surely if they were confident of their claim they would not need to be writing and asking me to do this?? As they have issued a claim does this not count as harrassment???

 

I will wait for further guidance re the defence & counterclaim.

 

Thanks

[caro]

Did you try and claim on the PPI and if so what happened?

[Kate1973]

Hi Caro

 

I did try and claim on the PPI, Santander just said go away as i had signed the form and ticked the box, i then wrote to Finace & Leasing as this was taken out pre FOS. They investigated and the response was still no. I was in the process of then going to FOS or instigating a court claim when i was then issued with the court claim which i've just had. Santander were well aware this was in dispute when asking their solicitors to file a court claim. In addition to this Santander (was GE Money when i submitted it) have not sent a complete SAR as there are 2 years statements missing from the start of the account, and then another years worth during the time it has been open??

 

Thanks

[citizenB]

I have received a CC claim from issued from Northampton CC. My issues are that i have an incomplete SAR from 2006 as they failed to send all statements from the first couple of years of the account being open. If GE money didn't send these is it likely that Santander will be able to produce these??. Also in terms of my complaint in respect of the PPI being added to the account does this constitute as the account being in dispute as i am still trying to get this back even though i have received their final response and had also received a final letter of not being able to helo from Finance & Leasing Assn. My next course of action was to be a court claim. The Issue date was 27th June and from reading the paperwork i have to respond by 14 days from this date plus 5 days??. My thoughts are to defend and counter claim but to just complete the acknowledgement of service at this stage to give me time to prepare my defence??.

 

 

Issue datte - 27th June + 5 for receipt = 2nd July + 14 days to acknowldge service = 16 July + 14 days extra for defence = 30th July.

 

Can you let us know exactly what it says on the Particular of Claim and is the claim for under or over £5,000.00.

 

What is the likely amount of PPI that you would be reclaiming ? What is the reason for the mis selling ?

 

You will need to send off a request via CPR31.14 for any documents mentioned in the claim form.. a draft can be found in the 1st post of the following link. Once you have advised what they are actually claiming for.. then we can help you prepare a CPR31.14 request more adequately.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

You can almost certainly request a statement of account showing how the balance they are requesting ahs been made up.

 

You may need to put in a separate SAR request for any missing statements.. but that might be a bit late now.

[Kate1973]

Hi citizenB

 

Thanks so much for your help, i will post up particulats tomorrow/sunday as am working tomorrow. Igt makes me annoyed when they put in a claim knowing full well that i am also claiming mis-sold PPI from them too!. Obviously when it was sold to me may years ago at the debenhams counter there cetainly was no 'fact find' done to assess suitability of it and certainl no explanation of what the features/benefits were and definately that it could not have been purchased separately elsewhere independantly.....

[TINK660]

Hi Kate,

I'm having the same problem with Santander - my card was taken out in 1992 and have been trying to claim back ppi for over 2 years now. Currently the complaint is with the FOS who are looking into redress from the underwriters of the policy, but it is a long slow process and full of legal complexities so I dont see them sorting it for me any time soon. In light of the judicial review I approached Santander again and asked them to relook at my complaint (it was passed to Link Financial, who got a charging order over my property whilst the account was in dispute - they denied it was in dispute) but the answer is still the same. "You bought the ppi during a telephone call from our sales department, you could have cancelled etc etc. - so basically sod off!! THey have not supplied me with all the statements but I have estimated the ppi paid and if I add 29.9% interest to that it comes out at almost £30,000 .. yes that figure is £30,000!!! I have the agreement which is not even fully filled in and the tick in the ppi box is not mine, the ppi was not added at the time of taking out the card so they say but purchased during a telephone conversation a couple of months later.

I really want to go down the court route but the thing that worries me a little is the issue of costs because it will be a large claim.

Tink

[Kate1973]

Hi

 

Here are the particulars of claim :-

The claimants claim is for the sum of £****.** being monies due fro the defendant to the claimant under a regulated credit agreement made in writing under reference ********** (This is the new account number as the account was changed a few years back).

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant persuant to section 87 (1) of the consumer credit act 1974.

 

The claimant claims the sum of £****.**

 

My questions are, the reference number they are quoting is the new account number as the account was changed a few years back so the credit agreement shows a different number, does this make any difference??.

 

The amount they are claiming is just over £1000, my claim for the mis-sold PPI is just over £3000 (this included an estimation of some charges due to statements being missing. I have not estimated the charges from the start of the account where further stats are missing as i do not have any idea of the bakance then so i'm not too worried about this. The reasons for mis-selling is not being told the full features and benefits of the policy, not told it was optional and certainly not told it could be purchased elsewhere independantly .

 

If i acknowledge on MCOL do i also have to complete the rest of the case and defense on line or can i do a mixture of post & on line, also as i am counterclaiming what is the cost likely to be for me?? do i need to pay this when acknowledging or when i submit my defence??

 

From what i can see it looks like the only documents they are relying on are the original credit agreement and a copy of the default notice??

 

Thanks for the help guys....

[caro]

Hi

 

Here are the particulars of claim :-

The claimants claim is for the sum of £****.** being monies due fro the defendant to the claimant under a regulated credit agreement made in writing under reference ********** (This is the new account number as the account was changed a few years back).

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant persuant to section 87 (1) of the consumer credit act 1974.

 

The claimant claims the sum of £****.**

 

My questions are, the reference number they are quoting is the new account number as the account was changed a few years back so the credit agreement shows a different number, does this make any difference??.

 

If there's a paper trail showing the new account number that would be acceptable I would think. Perhaps others can confirm this or otherwise.

The amount they are claiming is just over £1000, my claim for the mis-sold PPI is just over £3000 (this included an estimation of some charges due to statements being missing. I have not estimated the charges from the start of the account where further stats are missing as i do not have any idea of the bakance then so i'm not too worried about this. The reasons for mis-selling is not being told the full features and benefits of the policy, not told it was optional and certainly not told it could be purchased elsewhere independantly .

 

If i acknowledge on MCOL do i also have to complete the rest of the case and defense on line or can i do a mixture of post & on line, also as i am counterclaiming what is the cost likely to be for me?? do i need to pay this when acknowledging or when i submit my defence??

 

This link should answer your questions. http://www.hmcourts-service.gov.uk/onlineservices2/claim_process/counterclaim.htm

 

From what i can see it looks like the only documents they are relying on are the original credit agreement and a copy of the default notice??

 

Thanks for the help guys....

 

Don't forget to add to your claim removal of default and any adverse information added to your credit record.

[Kate1973]

Hi Caro

 

One further question for the time being, can i acknowledge that i intend to defend but do the defence and counter claim within the 28 days i.e 30 July and i assume i will only then need to pay for the counter claim when submitting my defence?? It's just that pay day is not for a bit and the court costs are quite a lot? I think i'm going to stick to the good old fashioned post method with sending it reorded so i get confirmation of receipt??

 

Thanks

[caro]

Yep that should be fine. Don't leave it to the last minute to sort out what you want to say though. Use the time wisely.

[Kate1973]

Thanks Caro

 

I will start working on the defence this week. I may need someone to check my spreadsheet also to make sure i'm on the right track. In terms of my claim am i right in working out the premiums for the PPI, plus contractual int from the date paid, then 8% simple on the total from the date of defence???

 

Many thanks again

[Kate1973]

Hi Tink, thanks for your reply, i hope you you get your claim sorted, i was just about to go the court route before they started, it makes me mad when they knew i was in dispute about the PPI and suprise that the PPI is much more than the o/s balance. Some of these institutions think they are very high and mightly as most won't fight back. I am prepared for a fight!!!

[caro]

Some of these institutions think they are very high and mightly as most won't fight back.

That's exactly why they think they can get away with it!

[Guest Another Spartacus]

Hi Kate I've been reading your case with great interest, I am just a newbie but I hope all goes well for you. Would you mind posting the Santander address for correspondence as I will be sending off a SAR shortly for missold PPI on a store card that I had with BHS, it was paid off years ago. I can't for the devil find an up to date address for GE Capital Bank Ltd. Thanks x

[beachcomber60]

How come my post has been removed from yesterday?

 

I made a post after Caro's #44 which has since been removed - would the site team please explain why it was removed.

 

I had valid points which would greatly assist Kate in defending her claim from Cohens.

Edited July 11, 2011 by beachcomber60

[Kate1973]

Hi

 

Please can someone help me, i've been reading and reading and don't know where to start with a defence and counterclaim. I sent of the acknowledgement within the allotted times, and have until 30 July to get my defence and counter claim in. I just really don't know where/how to start with this. I have a spreadsheet of my PPI premium calculations already done??

 

Any help much appreciated as i don't want to default on this??

 

Thanks

[beachcomber60]

Hi

 

Please can someone help me, i've been reading and reading and don't know where to start with a defence and counterclaim. I sent of the acknowledgement within the allotted times, and have until 30 July to get my defence and counter claim in. I just really don't know where/how to start with this. I have a spreadsheet of my PPI premium calculations already done??

 

Any help much appreciated as i don't want to default on this??

 

Thanks

 

Love to help you Kate, we've beaten Cohen twice.

 

However re my earlier post, for some unknown reason one of the site team deleted my post & to date I have not had any explanation for its deletion - there was nothing untoward about the posting - after nearly three years of being on this forum with the removal of my post its now time to follow other 'reliable' Caggers and leave this forum.

 

I wish you well.

 

Tink - I'm first to the bar, outstanding debt written off & defaults removed from CRA's.

[Kate1973]

*bmp*

 

Really need some help with this please....

[Kate1973]

Hi

 

Is there any experts who can point me in the right direction? I've only got a week left to get this in to court?