PPI and Excessive Charges on Court Claim

[Caster]

Hi all,

I'm a newbie but have been reasearching quite a bit.

We have received a claim form from Northampton which we are defending and have made requests under the CPR rules. I don't want to put too much information about the claim on here at the moment but i have a couple of questions.

We know there is unclaimed PPI on the loan account and there are also excessive charges within the default balance. Is it too late to try and get these removed from the default balance.

I know PPI would require a separate claim to OC but what about the charges?

Could this form the basis of a defence or counter claim? I read somewhere that the claim might have to be put on hold if there was a PPI claim/dispute?

Caster

[Caster]

Re: PPI and Excessive Charges on Court Claim

Hello wonderful people, really need some advice if anyone is out there?

I have elected to defend at the moment and have done the standard CCA/CPR request. Based on the outcome of these, can I change my plea to offer payment? Also if I submitted a defence based on lack of proof on the part of the claimant, then the claimants solicitors provided proof and applied to have the stay lifted and a summary judgement applied, would there still be an opportunity to withdraw my defence and offer payment based on what I could afford (not much!)

thanks

[di30]

Re: PPI and Excessive Charges on Court Claim

Hi and welcome

Bumping the same time for you, but for now put in the reclaim for the ppi with your reasons, and in regards of the other matter I hope someone can help you on this one soon.:tinysmile_twink_t2:

[Caster]

Re: PPI and Excessive Charges on Court Claim

Hi guys,

just a bit of further information. I know everyone on here tries to put up a fight and i have done the CPR and CCA letters but i'm considering, once the 33 days is up whether to withdraw my defence and offer a monthly payment? I know i would get a ccj but im not too worried about that. Based on what i could afford i could offer a low monthly payment. I'm sure the solictors would object and request the judge to raise the payment but based on the my Income and expenditure, they can only make me pay what i can afford? Is this correct? At least that way i'm in control. I was also hoping that when the sols and claimant see what i can afford compared to the level of the debt they might look to settle? Is this a reasonable strategy?

If i carry on defending, i get the feeling the sols will lead me down a defence of non compliance with pre action protocol and CPR but will then try and get my defence dismissed and issue a summary judgement and there seem to be such mixed results on these forums

Can anyone advise?

[wales01man]

Re: PPI and Excessive Charges on Court Claim

My wife Has a CCJ the court ordered her to pay £4 per month she will be 143 years old when its paid off the court can only order you to pay what you can afford if the CCJ is no problem get iincome and expenditure forms in and show what YOU CAN AFFORD.
good luck

[Caster]

Re: PPI and Excessive Charges on Court Claim

Thanks Wales01man

I think this is the route I will go - and i'm sure Ill be back on the forum for help filling out the I&E form.

I just want to establish exactly how the process works. So the claimant has put a claim in against me based on a PoC. I have submitted an intent to defend effectively but have until the deadline to submit that defence. During this time i have submitted a CCA request and CPR31.14 and im currently waiting for replies. I suspect i won't get any response - so i put a defence in based on the failure to provide any proof of the claim.

If at a later date the documents are supplied, which undermines my defence do i then have an opportunity to say ok they have provided documents and proved their claim i accept this and here if my offer of a monthly payment based on I&E which is then assessed by a judge. So effectively going back to the beginning again.

OR

Once i go down the line of defence i'm stuck with my arguement and if its proved wrong its a summary judgement and I lose all control over how much the monthly payment is set at?

Cheers

[Caster]

Re: PPI and Excessive Charges on Court Claim

Guys i have one more question if anyone if available to help with my query.

The combination of Claimant and Solicitors are absolutely toxic and notorious in these forums. Their usual game is to go for a Charging Order but as i have no property they wont have any success there. I imagine they will apply for a very large monthly payment and again i will have to dispute this and hopefully the judge will set it at an affordable amount. If i keep to the monthly payments they wont be able to get an attachment to earnings - this could be possible what they are after - but I cant see whats in it for them in the long run.

Is it worth me calling the claimant who owns the debt and trying to arrange a F&F settlement? I have been offered a small lump sum to try and pay this debt off but it is only equivalent to about 30% of the amount they are claiming. Do you think i would have any chance or would it just make things worse? i was thinking of giving them a call so i wouldn't be acknowledging the debt?

Thanks

[Caster]

Offering to Pay a CCJ

Just bumping and amending the title of the thread

[Amethyst]

Re: PPI and Excessive Charges on Court Claim

If you have been missold PPI then you would counterclaim that sum, if you want to continue to defend the debt through the courts.

You have done the right thing in submitting a CCA request and a CPR 31.14 request.

Yes if they come up with the documents you can admit the debt and make an offer to pay.

You haven't yet entered a defence so you could now just enter an admission and offer to pay based on your income and expenditure sheet, then reclaim the missold PPI through the Financial Ombudsman - that route is likely to be a lot less stress but you will have the CCJ on your file for the next 6 years and be making payments against the debt.

Of course if your offer is very low then there is the possibility the claimants could request permission to apply for a charge over your property as security.

If you wanted to negotiate a full and final and can manage to do so, then that would leave you without a CCJ. If the claimants don't respond properly to your CCA request you could use that non compliance as a little bit of a negotiating tool, but ensure all offers are made without prejudice.

[Caster]

Re: PPI and Excessive Charges on Court Claim

Thank you so much for replying. I feel like I'm going mad.

Just to clarify one point. I don't own a property in fact I don't have any assets at all.


I'm sure a judge would award a relatively small payment each month based on I and E. Thats why I thought I might be able to do a deal on a f&f.

[Amethyst]

Re: PPI and Excessive Charges on Court Claim

Any court claim is a stressful situation so no you're not going mad. You have to do what is best for you.

If you don't want a court hearing etc, then see what they come up with on the CCA and CPR requests. The CCA will be the strongest weapon - if they haven't complied after 14 days then you may want to have a bash at a without prejudice negotiation with them at a F&F settlement.

As you don't have property then any installment order will stay at that unless any payments get missed and the claimant could then apply to the court to amend and enforce the order - Attachment of Earnings / Enforcement Agents etc kind of thing, but you get it set at a sensible rate backed up with your IE then you won't miss payments, and if circumstances did change you could return to court to have the amount varied.

What year is your agreement and who is the original creditor, and who is the claimant ?

[Caster]

Re: PPI and Excessive Charges on Court Claim

I don't want to put too much info on the internet but the agreement is post 2006, for a very large sum made larger by the charges added onto it.

The claimant bought the debt last year and is well known to only offer a reduction of 20 - 25% in f&f. Which I just don't have - I've got 30% so would need to be offered a reduction of 70%.

The thing is I was actually offered a reduction of 70% a few years ago but just didn't have the funds to accept.

The solicitors they are using are even more notorious. I know I won't get any response to the CPR and CCA because they want to lure me into a defence of of non compliance. They will let the claim stay and then produce documentation which undermines my defence and apply for a summary judgement. If I defended and they went down this sneaky route - would there still be an opportunity to withdraw my defence accept the CCJ and offer a payment rate on my terms based on an I&e?

[Caster]

Re: PPI and Excessive Charges on Court Claim

Chaps - i just wanted to definitely check, after filing an AoS can i with draw that right up to the 33 days and admit the claim and offer payment or can i only do that within the first 14 days?

Thanks

[Caster]

Re: PPI and Excessive Charges on Court Claim

Hi all,

just an update, I have received a response to the CCA request. They have sent a copy of the signed CCA with terms and conditions attached. It all looks above board to me so now what are my options. The sum they are claiming is absolutely huge I paid a fair bit off but they have front loaded the interest and included that In the outstanding balance.

What do I do now? My defence has to be in next week?

[FlamingParrot]

Re: PPI and Excessive Charges on Court Claim

Chaps - i just wanted to definitely check, after filing an AoS can i with draw that right up to the 33 days and admit the claim and offer payment or can i only do that within the first 14 days?

Thanks

You can negotiate with the creditor right up to the hearing.

Hi all,

just an update, I have received a response to the CCA request. They have sent a copy of the signed CCA with terms and conditions attached. It all looks above board to me so now what are my options. The sum they are claiming is absolutely huge I paid a fair bit off but they have front loaded the interest and included that In the outstanding balance.

What do I do now? My defence has to be in next week?

Could you remove your personal details and post up what they have sent you? :typing: