Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defend?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Sorry another question is I got until 29th to apply for objection right?

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Ok firstly to apply is £155.00

Secondly, what are your grounds for applying?

Those are the two main points for considering this id say.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

£155? I can't afford that.. My ground would be along the line that I am waiting for them to settle at a amt excluding the ppi till then it should remain stayed or would that not be accepted?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

What do you think the 2 main points worth considering? If I am forced for it to go ahead I'd like to apply to bring in egg as the other defendant? How much would that application cost me and should I do that now?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

But to be honest I like to settle before it goes to court but not at that amount. It did say on that fast track form about settlement

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

thats my point, to get you thinking about whether you actually have grounds to challenge the lifting of the stay!!

It is purely an administrative function lifting a stay, its the Claimants claim, he can allow his claim to fall under a stay to , for example explore settlement or to deal with an issue which arises in a defence, and then he can ask the Court to lift the stay when he is ready, personally i dont think there is any issue with them lifting the stay, and i cant see the Court refusing the stay

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Ok. Thanks pt. Guess there is no point applying to get it remain stayed. So as it is now lifted then next is to fill in that fast track form. Can I now apply to bring in egg before I fill in this fast track form?what is the procedure to do this?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Have to admit that I was hoping that they backed down due to that illegal ppi being in that loan. I had another similar loan with HSBC which also had illegal ppi and they discontinued the case.. http://www.legalbeagles.info/forums/...o-defend/page4

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi am trying to fill in this questionnaire for fast track & multi track N181 form. I want to settle but am not sure what draft order for direction I should write to put together with this form . Any help is much appreciated.

[Amethyst]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

The N181 is a bit heavy isn't it. So has the stay been lifted on the claim already or are you wanting to lift it in order to make settlement ? Have you negotiated directly with the claimants and come to an agreement? I think that's the way to go, then you can sort out a consent or tomlin order between yourselves. (just read back and yes the stay has been lifted so the claimants want to continue)

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi Amethyst, yes the stay has been lifted & I have been so busy that I didn't have time to do anything. The form needs to be in by 19th. Shoosmith have sent me their copy of N181 stating on the form that they like to ask for a 1 month stay in order to settle. I like to do the same but not sure what to write in order for draft of direction. Reason to settle is as far as I can see there is nothing wrong with agreement except for PPI. I have lost faith with justice after losing my Amex (no agreement) case plus can't afford another 10k more on legal fee should I lose this case. Plus not sure how to get Egg involve in this as case as I have not seen any other case here that do sthg like this. I will scan Shoosmith order for draft of direction & put it up here.

By the way, does anybody know if Britannica & Arrow global same company? This is because last week Britannica assign this debt to Arrow Global but have not changed their lawyer.. is that allowed?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen




This is their order for direction. What should I put on mine? Can anybody advise? As to the N181 itself, I just copy what Shoosmith sent me.

[Amethyst]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

You can just agree with their directions I don't think there's a need to put your own in. They are pretty standard. The further you go along the more the risk of costs so if you are going to settle now would be the perfet time to negotiate with the claimants.

[FlamingParrot]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Have to admit that I was hoping that they backed down due to that illegal ppi being in that loan. I had another similar loan with HSBC which also had illegal ppi and they discontinued the case.. http://www.legalbeagles.info/forums/...o-defend/page4

In what way was the PPI illegal? Do you mean mis-sold or did you use s.18 multipart arguments in your defence with regards to PPI being bundled with the loan?

[stevemLS]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

I've read this whole thread and fear you are placing too much reliance on the PPI issue.

As has already been pointed out, not all PPI policies were mis-sold and at some point after that had been pointed out in your case they have become "illegal" and form the basis of your unwillingness to settle.

I think you should use the opportunity you now have to negotiate a settlement.

(By way of illustration of the risks you face, I dealt with a matter where the claimant was completely intransigent and insisted on taking the matter to court, it was a data protection issue, the trial went on for two days, the claimant lost and ended up having to pay £80k costs. I mention this not to try to scare you but simply to illustrate how quickly costs mount up when there is a trial.

Best wishes.