CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

**miliitant** · 2nd July 2012, 19:35:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

give me 10 minutes

I CAN HELP BUT WHY HAVE YOU LEFT IT SO LONG

HAVE YOU ACKNOWLEDGED SERVICE YET

YOU ONLY HAD 14 DAYS AS SUCH THEN A FURTHER 14 DAYS TO DO A DEFENCE

**zhanzhibar** · 2nd July 2012, 19:52:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi miliitant,

Thanks you soo much for willing to help. I know i have left it a bit late but I was so snowed under at work (& still am) when I received the claim as well as caring for a 7 & a 5 year old. Don't even have time to do research on PPI.

I did however acknowledge the claim. As I don't know how much of that £13k is PPI and how much of it is loan, I acknowledged that I am defending it all. Should I do that? I just don't know.

But thank you so much again. Just knowing somebody is willing to help has reduced my stress level.

Zhan

**miliitant** · 2nd July 2012, 19:54:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

when did you acknowledge the claim and

was the loan done in THE HSBC branch, on the phone, or on the internet

**zhanzhibar** · 2nd July 2012, 20:08:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I acknowledged the claim on 20/06/2012 via the website moneyclaim

I think the loan was done at HSBC branch. ( I think)

**zhanzhibar** · 2nd July 2012, 20:27:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I did try to look (when I have a couple of min to spare) on the PPI forum for people with similar issue hoping that I could learn a bit more & then applied it to my case but so far I have not seen anybody yet being taken to court over loan which have a PPI loan in it as well.

**Turboman** · 2nd July 2012, 20:31:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

pm'd di & Bill for you--(as in other thread-my speciality is sums--Di got a broader view-as Bill too)

**miliitant** · 2nd July 2012, 20:33:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

i will knock up a defence for you
you will have to send cohen a part 18 request for documents as it it to late to do a cpr 31.14
ill do a quick draft as well

i am not that good with figures due to poor eye sight

i need a whiz kid on figures, is peter barred still about

so if we can get the ppi misselling, that a reduction of £5150, interest £2591.28. that gives a reduction of £7741.28off the balance just on the ppi issue

cancelation clause on the agreement

i see that it states you cannot cancel the agreement under the cca 1974, timeshare act 1992, or the financial services distant marketing regulations 2004

i am ofay with this on vehicle finance on non canceable agreements but CAN BANKS LEGALLY APPLY THAT CLAUSE on personal loans in bank branches

they are trying to use the "signed on trade preemiese angle" so cannot cancel

i have them on not doing a statement of means or price, let alone a policy document on the insurance crap

but before any defence can be done
i need the figures checked out

**zhanzhibar** · 2nd July 2012, 20:40:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Sorry for being a bit slow but what is part 18 that I need to send to Cohen?

**miliitant** · 2nd July 2012, 20:45:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Originally posted by zhanzhibar View Post

Sorry for being a bit slow but what is part 18 that I need to send to Cohen?

i will sort that out for you, it is getting in the defence that is the priority

**zhanzhibar** · 2nd July 2012, 20:46:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I took this from the calc that Turboman did for me about an hour ago on the same thread but in PPI forum;

Originally posted by Turboman View Post

Bill--they add up ok--on the claim form---send me our ss btw for this case re the £7200 so i can check it

"Originally Posted by Bill-K"
It may well be "De Minimis," but the N1 hasn't been signed by hand, and the claim figures don't add up.

....DavyB ?

As regards the PPI, if this has been mis-sold - which looks likely - then I estimate that approx. £7,200 is due to be refunded to you, plus a reduction in the monthly repayment to approx. £235.

Zhanzihibar--firstly remove attachment 3 from both posts 3 and 4 as your account number is showing

Secondly--if you are being taken to court for £13,846 -
- then as the ratios of your PPI to Total Loan is around 25.6% ish-(5,150:20,150)
-then (ignoring minor admin fees not given) then it breaks down into -
-Original Cash Advance Loan= £10,301.42 & PPI Loan of £3,544.58

see here--
http://www.legalbeagles.info/forums/...c-Spreadsheets
The thing to remember is that on your loan the

Loan Amounts
The Premiums
The Outstanding Balance

are always in the ratios 25.64% PPI & 74.4% Cash Advance Loan

"Originally Posted by zhanzhibar"
Hi all,

As I do not know how much exactly is the loan and how much is the PPI, I have put on the acknowledgement on the internet that I am defending all of the claim.

Davyb

How do I go about putting the case that the agreemnent is unenforceable?

**zhanzhibar** · 2nd July 2012, 20:49:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

According to Turboman's calculation, looks like the original loan that I still owe them is £10k. What do I do then since I already acknowledge that I am defending all of it?

**miliitant** · 2nd July 2012, 20:52:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

patience

all will be revealed

do you know how much you have paid in repayments so far

**zhanzhibar** · 2nd July 2012, 21:08:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Don't know to be honest. I don't think I receive any statement since CL finance being assigned the debt.

**miliitant** · 2nd July 2012, 22:05:PM

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

phone cohen up in the morning and send the solicitors by email as well

ask if they would consent to an extension under cpr 15.5

Get them to agree to 28 days in writing (fax or email) and tell the court. They might umm ahh and refuse however when you tell them they are in breach of practice direction 22 3.10 and that you will make an application to court they'll have costs to pay when they lose the hearing, they'll be a bit more co-operative.

thanks mystery1

update your thread on this ASAP

TIME IS NOT ON OUR SIDE

CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?