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

[Kate1973]

Well quick update,

 

Everything arrived, i telephoned this morning and as i thought it has been transferred to my local court. They have said they will send confirmation. Just going to send a copy to Howard Cohern too. I'm hoping i've done enough to fight back at underhand tactics once they new i was in dispute with them.

 

What will be the next step?? Does anyone know??

 

Thanks

[caro]

They will need to defend the counterclaim, and you'll both get an allocation questionnaire so the judge can decide if it should be allocated to small claims, fast or multi-track. If the claims under £5k should be small claims so no costs would be awarded to either side.

[Kate1973]

I'm hoping it stays with small claims, i didn't add in the 8% in the counter claim amount box, just added my PPi + CI, i did also add that i was claiming the courts 8% though on my counter claim details????

 

I just need to feel a bit more confident i can win this, do people think my counterclaim is a good argument??

 

Sorry but have had a really bad day (families!!), and not really feeling very positive tonight!

[caro]

You can never say what will happen in court Kate. If I was the judge you'd win, but I'm not. All you can do is do plenty of research, reading and preparation to give it your best shot. Preparation is the key IMHO.

[Kate1973]

HiIt has been transferred, and i now have an allocation Questionnaire to fill in and it is still with small claims so i guess i need to get that done and then wait till the court sends me further directions??? Has anyone got any help with what may happen next?? Is it worth contacting HC do you think??Thanks

[caro]

The allocation questionnaire is to decide which track to allocate it to, so it's not small claims yet.

 

What's your idea behind contacting HC? What did you have in mind?

[Kate1973]

Hi caro

 

Thanks for clarifying,

 

I was thinking along the lines of asking if they are willing to settle out of court for their clients mis-selling of the PPI, and underhand tactics??

 

Thanks

[ims21]

Hi

 

If you have issued against them, they will soon come to negotiate with you.

 

You've issued, paid your fees so I would let them play their cards.

 

Regards

 

ims

[caro]

I agree with Ims. They may think you're chickening out if you approach them and try and gain the upper hand.

[Kate1973]

Hi all, well, AQ handed in, court says things are progressing as normal and now i will probably get a hearing date. Got home Friday after taking AQ in to a parcel from HC, containing theire defence to my counter claim, looks to be a lot of wirdy stuff to out me off, going on about how i have not sent in any evidence for my defence. At this stage i didn't think i had to?? Straight away there are a couple of things wrong in their counter defence, they state they have no knowledge of my SAR, although it was old and then GE, i have a copy of GE's letter and partial statements, and strange how they seem to be able to obtain copies of the original app, T & C's etc, but not my SAR more recently!!.

 

Also in part of my counter claim i have stated that they are in breach of OFT guidelines and NC in their defence to my counter claim have stated no collection activity commenced whilst my complaint was o/s yet i have 3 letters from a debt collection agency demanding full payment once after my complaint commenced!!.

 

I've not looked in great detail as i've had a hen weekend but will post their defence to my counter claim up tomorrow/tues but would appreciate initial thoughts??

 

Many Thanks

[Kate1973]

*bump*

[ims21]

Hi Kate

 

Might be best for you to post up that defece as you mentioned in your post before last. The legal members can then advise.

 

Regards

 

ims

[Kate1973]

Hi peeps

 

Right, back on it all now, have been away on hols so am refreshed and ready for a fight!. I've attached HC's Defence to my counterclaim (in 2 posts as quite a few pages to attach), please can someone advise on this.

 

I also have just received details of a hearing on 3 Oct. Please can someone let me know what i need to do, what paperwork do i need to get ready as so far i've not submitted any copies of paperwork (not been asked to), statements, collection letters etc. I note in their defence they state that collections did not commence whilst my complaint was on going, however i have letters from viking collections which started just after i submitted my complaint. I also note that they deny my SAR, however i also have a copy of this and their response and (and some missing statements).

 

Can someone talk me through what i need to do now as this is now getting very close to the hearing date.

 

I have also received a draft order of directions from the claimant which i will scan and post up tomorrow as it's now getting late to do.

 

Please, all advice greatly received and urgently needed, apologies for the one page docs but i don't know how to get it as one document!.

 

Many Thanks

HCDefenceP2.pdf

HCDefencep1.pdf

HCDefenceP4.pdf

HCDefenceP5.pdf

HCDefenceP3.pdf

[Kate1973]

Hi

 

Here's the last pages of their defence.

 

Many Thanks

HCDefenceP6.pdf

HCDefenceP7.pdf

HCDefenceP8.pdf

Order of hearing.pdf

[ims21]

Hi Kate

 

maybe PM andyorch or caro if she's around. They are both good at this in my opinion.

 

Regards

 

ims

[Kate1973]

Hi ims

 

Thanks, have tried to PM Caro but it won't let me as she is out of space. Hopefully she'll be having a look later.

 

Thanks

[caro]

They can draft as many directions as they like, but it's up to a judge whether or not they will order them. There's some good guidance here for preparing for court. http://www.consumeractiongroup.co.uk/forum/showthread.php?163425-Re-Me-vs-MBNA-court-case-looming-help-please-**DISCONTINUED**&p=2171582&viewfull=1#post2171582

[citizenB]

IMHO, I would be going through each of their points to see if you can counter argue/rebut the statements they made.

 

In particular the points around the PPI and why you didnt bring the PPI issue up prior (if you didnt that is) A lot of people wouldnt have realised that the policy was mis sold until the media frenzy over the last couple of years...

[Kate1973]

Hi Folks

 

I haven't sent in any documentation apart from my defence and completed AQ, should i get my bundle ready and send it to court before appearing, i.e get it ready this weekend??? Should i also send a set to HC in the post?? And from looking at the post Caro has sent also take additional copies to the hearing. Do you think this will be the only hearing??, the notice of hearing states 20 mins has been allowed??

[citizenB]

I think you do need to submit your bundle to the court at least 7 days before the hearing and also to the opposition. It might be worth pming andyorch for confirmation.

 

Do make sure you take at least one extra copy of everything with you on top of your own bundle.. as it hasnt been unknown for either the opposition or the Judge to have "lost" theirs.

 

Caro posted a good link in post #92.

[Andyorch]

Hi Kate responding to your PM

 

What is this hearing for? if you have only submitted a defence and AQ surely you cant be at trial yet? Are you the Claimant or Defendant?

 

Regards

 

Andy

Edited September 23, 2011 by Andyorch

[Kate1973]

Hi Andy

 

I have only submitted a counter claim as a defendant, and completed an AQ. I've so far not been asked to submit any paperwork but am worried that i should have done. HC have clearly lied intheir response to 2 points so i don't want to miss on not pointing that out. The Judge has allocated 20 mins, i don't know what to expect, i've never been to court before!!

[Andyorch]

Ok you need to check your paperwork carefully.Look at the General Order with reference to this hearing, does it state the Claimant has made any applications

or is it a Case Management Hearing? It should state what the hearing is for and then Ill advise further.

 

Andy

[Kate1973]

Hi Andy

 

The 'notice of hearing' is on post #89 to save me typing it all out.

 

Thanks

[Andyorch]

Thanks Kate,

 

When you submitted your AQ did you receive a Notice of Allocation stating which Track/ Directions/Disclosure?

If not then the hearing is merely a CMC (Case Management Conference) this is to help the DJ resolve issues/ issue Directions and aid placement to the correct Track.

Its not a trial and you don't prepare a trial bundle, however you need to draft a skeleton argument having had their response to your defence

and raise issues that you disagree and require the DJ to give Direction, it could be that you need documents disclosed etc you will know what points you wish to resolve to enable to proceed. Always check all your paperwork from the Court they may try to sneak a Summary Judgment application along the way.

 

Wishing you well with you claim.

 

Regards

 

Andy