In Court Against Welcome Finance (PPI Claim) Thursday 2nd February

[Armsoft]

My Son is in court on Thursday 2nd February 2012 as a Claimant against WFS, although he has had a letter from their solicitor today today to say that WFS will not be at court but their solicitor will be (is that normal?).

We have their court pack (100plus pages) all sent in a very nice binder (thanks DLA Piper!) do we need to put our court pack in one too?

 

WFS offered my son just over £3k back in January 2011 as a PPI Refund, but as the terms were that they would use it to offset an outstanding Loan (which actually did not exist and had been paid off in 2009) my son rejected it and spent months phoning them trying to get them to understand and accept their mistake (no luck there!).

 

Having gone through the relevant notification processes upto and including 7 Day Notice of Intended Action my son registered in Court in June last year (Moneyclaim online), WFS finally paid just under £2.4k into his bank account late July 2011 but have since, through DLA Piper refused to pay him any more of his claim, and so it has finally got to the point where he has to turn up at court to plead his case.

 

Has anyone any experience of being in the small claims court with DLA Piper that they would care to share (good or bad) along with any sound advice.

 

Appreciated

[wannabedebtfreesoon]

Have you been through the allocation process and is this the final hearing? Also, what was your son's claim for and what was their defence, I don't understand what reason they have for not paying the full amount they offered? Sorry for all the questions!

 

I have to say in my opinion that going to court with anyone representing welcome won't be a pleasant experience. Be prepared for a whole lot of issues that may not have been previously disclosed, if you find yourself in that position do ensure you make it clear to the judge that you weren't made aware previously. It may not be anything like that of course, but from my experience I would naturally be wary of them!

[Armsoft]

Yes, this is the final (and only) hearing, it's been allocated an hour by the judge, although DLA Piper have asked for two hours?

 

The claim is for PPI and they agreed that they owed him the money, but also claimed he owed them money, so were going to use he refund to offset an outstanding balance.

There reason for not agreeing to pay him the rest of the money s being put down to the terms of the fscs which came into effect after they offered him the full refund in jan 2010, so the argument is that when they finally realised what a cock up their accounts team had made they should have put him back in the position he should have been in with the original refund offer, rather than disadvantaged him by applying the fscs conditions.

 

Be interesting to hear them bringing anything else up that hasn't already been disclosed (they've already dug themselves a big hole, but they are welcome to keep digging)

 

In one of their letters to my son they even use the phrase "we are going to put you back to the position you would have been in had this accounting error not occurred" and have included that as part of their court bundle, I'd like to see them explain that one.

[citizenB]

Have amended your title to reflect the PPI and also moved you to Legal Issues as this is in litigation.

[Armsoft]

Would I be right in thinking that Small Claims Courts are fairly relaxed?

Is the Judge going to expect my son to be legally minded?

 

Thanks

[citizenB]

Would I be right in thinking that Small Claims Courts are fairly relaxed?

Is the Judge going to expect my son to be legally minded?

 

Thanks

 

Small claims hearings are usually held in a smaller side room, or Judge's chambers. No, you wont be expected to be legally minded at all.. It might be worth preparing a skeleton argument for your son, list all the points that need to be raised.

[Armsoft]

Small claims hearings are usually held in a smaller side room, or Judge's chambers. No, you wont be expected to be legally minded at all.. It might be worth preparing a skeleton argument for your son, list all the points that need to be raised.

 

Could I PM you what I was thinking to prepare, for some guidance?

 

Thanks

[citizenB]

Have responded to your message

[Armsoft]

Thanks citizenB

 

I have also responded

[napoleon_dynamite]

Well? How did it go?