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

[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).

 

Since the final response to you PPI claim, have you written back and said you don't agree that with their response? You could start the defence by saying that you dispute that you owe this amount, and that the claimants are aware of this. Put the claimaints to strict proof that you owe this. Keep all the correspondence that you have as you can use that for your court bundle later.

I noticed that one of the earlier threatograms mentioned potential costs. As the amount is under the £5k limit for small claims all they can claim is the cost of the court claim, so if they were threatening more I would suggest that you mention that the claimant tried to intimidate you into paying the disputed amount, threatening costs which they must know that they cannot claim.

 

 

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.

 

Well if you didn't owe the money of course you didn't pay. Have you checked the DN for other inaccuracies?

 

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....

 

Just do the defence in your own words.

 

Have you got proof of the PPI being missold and on what grounds are you planning to claim. At the end of the defence you put COUNTERCLAIM, and then do the claim as you originally intended. Make sure that you include removal of any adverse data on your credit record. You'll need to include your schedule.

 

If you draft everything and post it up I'm sure people will take a look and help you with it.

[Kate1973]

Hi caro

 

Many thanks for pointing me in the right direction, i didn't write back to them but went to Finance & Leasing initially but they also came back to state this was Santander final decision. I was then in the process of deciding my next course of action , as to whether court or FOS when the court claim from HC arrived. I am planning to claim mis-selling as i was sold this in the store, the sales staff were not aware of my personal financial circumstances so were not placed to make a recomendation, and i was certainly not informed that this type of cover could be purchased elsewhere independantly. Also i have the issue of the DPA breach on their part due to missing statements. This does go back a couple of years but feel this will add to my counter claim as if they do not have them how can they be confident of the amount i owe???

 

Thanks

[Kate1973]

Hi

 

O.k i'm now in the swing of things re my defence, a couple more questions please. The last default notice i can find was issued 26/06/2010. The only thing i have been receiving if nitice of default sum letters relating to the late payment fees levied against the account. I sucesfully claimed late payment fees from them back in 2007 but further ones have been levied. I am now also thinking of adding these to my counterclaim to really hit back. Can anyone let me have their thoughts on this point please??

 

Do i have to send it back to Nothampton court or can i take this to my local county court?? Do i have to write on the N9B defence form or can i just attach a typed defence & counterclaim to this form??

 

I'll also post a copy of my spreadsheet, if someone could check this for me?? I really need a quick response as this has to be all back with the court by the weekend. As my deadline is Sunday does this mean Monday is my deadline??

 

Also i've just attached my spreadsheet if someone can check this for me, very basic though as that's all i can cope with!

 

Thanks peeps

Debs account cover CAG.xls

Edited July 25, 2011 by Kate1973
PPI spreadsheet now attached

[Kate1973]

*bump*

[ims21]

Hi Kate

 

I think you may be diddling yourself on the interest.

 

Transfer your data o the attached and you will see what I mean.

 

I can't help with your defence but to drum up some help you could hit the black triangle at the foot of a post and alert the site team.

 

Regards

 

ims

 

CISheet.xls

[Kate1973]

H5

 

And here is my defence, please can someone check this, any advice gratefully received, i'm worried it is not enough, but never done this before so not sure. I'll be working on my counterclaim tomorrow once i have answers to my last post. I'll also be re doing my spreadsheet tomorrow night.

 

Many Thanks

DEFENCE AND COUNTERCLAIM.doc

[MARTIN3030]

Defence looks ok,but dont forget that OFT guidelines are not statute.

Would also benefit from inserting the DPA breach section and para.

I saw Caro has been advising,will flag this up for her.

[MARTIN3030]

Failure to comply with the SAR is a breach of the 6th DPP (Data Protection Principle)

 

Section 7.9 of the DPA allows for applying to the Court seeking an order to force compliance.

[caro]

Good work Kate.

[citizenB]

Kate, has this been transferred to your local court or is it still with Northampton ?

[Kate1973]

Hi

 

It is still with Northampton, not had anything to say otherwise. I did call them today just to check what i needed to do. I still need to send it to them but they will transfer it immediately and they say i can go into my local court office to pay the fee for the counter claim as i didn't want to send a cheque as bank also being funny and i want to pay cash but didn't fancy the rather long journey.

 

Just a couple of quick questions :-

1. Can i attach a typed copy of my defence & counterclaim to the form or do i have to write it all on the form.

2. How many copies do i have to send at this stage?? is it just the one??

 

IMS - thanks for the spreadsheet makes a great deal of difference. Looks like i have over estimated on the one missing year, and i have also included an estimate for the first 3 years where no stats were sent. I am keeping it under £5K as i don't want the higher fees and want to keep it as small claims.

 

Thanks Guys

[caro]

If you're claiming 8% section 69 interest that isn't taken into account when claims are being allocated.

[Kate1973]

HiI wasn't claiming the 8%, just Contractual Interest on the PPI premiums. And just so i'm clear with this, Can i attach a typed copy of my defence & and counterclaim to the form or do i have to write it all on the form. and How many copies do i have to send at this stage?? is it just the one??Thanks

[Kate1973]

*bump*

[Kate1973]

Urgent help needed.

 

In the counter claim of my defence document do i head it up Particulars of claim???

Do i attach a copy of the schedule for the PPI charges at this point?

I can't find the DPA breach para?? Can someone point me in the right direction?

Can someone answer my questions above??

I can't find the Cap 1 POC, the link points me to page one of the library and i am not sure where then to find it as i think this will help me?

 

I only have a couple of hours to get this sorted as it has to go in the post tonight and i have other commitments to honour later

[Kate1973]

HI

 

Here is my finalised Defence & counterclaim which i intend to attach to the N9B i have. Please can someone check this for me and amend if they feel it will help. I am comfortable with my spreadsheet. In terms of the court fees, is the court interst of 8% added to my claim value to give a total value before determing what court fees will apply??

 

Do i just need to attach one copy of the defence i have typed and one of the spreadsheet or do i have to send more at this stage??

 

Please can someone have a look urgently as i have to get this off in the post tomorrow and also have work tomorrow.

 

 

 

Many thanks

DEFENCE AND COUNTERCLAIM CAG.doc

[caro]

DEFENCE AND COUNTERCLAIM:

DEFENCE

1.The defendant admits that they did enter into a regulated credit agreement with the claimant.

OK.

2. The defendant denies they are liable to the amount as stated in paragraph 1. This is because the alleged amount being claimed is also made up of PPI cover which is in dispute with the claimant. The claimant is aware of this dispute.

I think the claimant would say that they've looked into the matter and given their final response. You need to be more specific about why you're disputing it. I know it's in your counterclaim, and it might seem silly, but it needs to be in your defence too.

3. The defendant denies receiving the default notice pursuant to Section 87 (1) of the consumer credit act concerning the alleged amount being claimed.

OK.

4. The defendant has not made payment to the claimant due to the dispute with the account and the PPI mis sale which they have been pursuing

OK.

5. The claimant has had debt collection activity continuing on the account despite the account being in dispute. This is a serious breach of the OFT guidelines. The account was passed to a debt collection agency after my complaint was submitted

What kind of activity? Have you been harassed with phone calls and letters? Have they put adverse markers on your credit file contrary to the Data Protection Act?

6. The defendant denies the amount owed in paragraph 3., or indeed any amount

7. The defendant would like to make it clear that the claimant is also in breach of the Data Protection Act under principle 6 by failing to supply a full subject access request which prevents me from validating any alleged sum owing.

COUNTERCLAIM

Particulars of claim You only need Counterclaim - not POC as well.

1. The Defendant has a credit agreement credit card acc no XX ("the Agreement") with the Claimant which was opened on or around 10/12/1998 and was opened under former agreement number XX

2. At the time of opening the account the Claimants’ sales representative misled the Defendant into purchasing Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

How were you misled?

3. The Defendant contends that:

a) The Insurance imposed upon the Defendant were neither defined nor explained

b) It was not clearly pointed out by the Claimant’s sales representative that this type of insurance cover could be purchased independently from alternative suppliers and was therefore negligent in their duty

c) The Claimant’s sales representative did not conduct any investigation into the Defendant’s financial situation to establish if there was any need to the insurance or if you were working or self employed

Did they go through medical exemptions with you?

d)The Defendant’s sales representative failed to point out that the addition of the insurance would increase the interest rate applied to the account

Are you sure that the interest rate went up, or was it the same rate but extra interest? Was it a single premium policy that was added to the loan?

4. The defendant claims the insurance was mis sold due to point 3 above

5. The defendant seeks

a) A full return of the mis sold insurance premiums plus contractual interest at 29.9%APR as applied to the account at the date of such time it was applied to the account as per the attached sheet

b) Court costs

c) The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8%.

 

You need three of everything. One for yourself, one for the court, and one for the claimant. I'd be inclined to send a copy direct to the claimant too - just in case.

[Kate1973]

Hi caro

 

Thanks for being so very helpful.

 

Are you able to clarify my query regarding the fees and whether the 8% stat interest is added to the claim to determine fees payable?? Also does this impact on transfer to my local court?? I was not sure by one of your previous posts??

 

Thanks

[caro]

It won't impact on which court. Let me double check on the fee, but I THINK it's the amount without the 8%. The contractual interest would definitely be taken into account though.

[caro]

The answers here, although I think the fees may have changed since this was in the FAQ's. The posts following this one explain it further.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?27372-Section-69-interest-included-in-Small-Claims-Court-limit&p=213180&viewfull=1#post213180

[caro]

And official confirmation here that interest is included when calculating the fee.

The total figure for interest and the amount you are claiming must be entered in the ‘Amount claimed’ box in the bottom right-hand corner of the claim form. The fee you will have to pay to issue your claim will be based on this figure.

 

http://www.smallclaims.me.uk/smallclaims_forms/ex302_0406.pdf

[Kate1973]

Thanks, think i'm now sorted, Just one final last teeny weeny one, can i just attach it all to the N9B and adding see attached in the defence & counter claim sections?? And ensuring i have 3 copies. Don't want to get the court claim forms wrong!

 

Cheers

[caro]

I think that should be fine, and don't forget to include your calculations for the counterclaim.

[Kate1973]

Do i need to include the court stat 8% in my counter claim total figure on the N9B as this is something which the court may award?? I've already printed my spreadsheet of the PPI + contractual??

 

Sorry to be a pain!!

[Kate1973]

Well, that was a late night, but all done and sent today guaranteed delivery to get there Monday.

 

Can anyone pre emt what will be the next step. I want to start a bit of prep and not have to be up till 2 am and then get up at 6am for work!!.

 

Many thanks:-)