GM Card - Court Papers recieved

[pompeyfaith]

Re: GM Card - Court Papers recieved

On the PPI issue I am a bit bemused as to why that claim is on hold because the new rules did not come into effect until the 1st December 2010 so your claim would be resolved under the rules that where in place before then.

What is the state of play on the PPI do you have a separate thread on this

[jumper999]

Re: GM Card - Court Papers recieved

no sadly

See Rankine vs Amex

Default charges are not something that can invalidate the default notice

Thanks PT what I meant was is there any points that can be raised regarding the DN if it is faulty etc etc? or can this not be used anymore because of the Rankine and Brandon case?

Hope I made sense

[pt2537]

Re: GM Card - Court Papers recieved

Thanks PT what I meant was is there any points that can be raised regarding the DN if it is faulty etc etc? or can this not be used anymore because of the Rankine and Brandon case?

Hope I made sense

i have never run a case on a defective default notice,

I simply do not believe that its likely to succeed.

[jumper999]

Re: GM Card - Court Papers recieved

Thanks PT, good to hear. I was just trying to gather some info that's all and some points.

Ta

[pt2537]

Re: GM Card - Court Papers recieved

Thanks PT, good to hear. I was just trying to gather some info that's all and some points.

Ta

however, things do turn on the conduct of the party involved, so maybe the default notice itself isnt the issue, rather its what is done in the event of a defect within it that matters in my view

[jumper999]

Re: GM Card - Court Papers recieved

Oh thanks PT,

take care and thanks again

[MattyA]

Re: GM Card - Court Papers recieved

You need to counter-claim for the charges and the PPI

comments in blue,

you should file your defence and CC together

Thanks pt for the response:

Question 1:
I dont believe I have enough information to defend the claim fully.
I cannot compute the quantum without the breakdown of the sum claimed or the statements to which they have referred me.
I do not believe for one second that the copy of the agreement that they have supplied me is in fact a true copy of the original - the signature box has been added,it is not form part of the original form and there is no cancellation option on the signature page.
The dates on the form differ from the dates in the POC as does the interest rate - how can the figure and interest rate be correct?

Is it worth requesting to inspect it ?


Question 2:
The agreement isnt a copy of the original & the interest rates differ on the application form / claim therefore I need copies of everything to compute the quantum.

Question 3:
I have had notice of sums in arrears - but dont agree with them due to the ongoing default & PPI claims.
I think your tack re the CPR 18 and not being able to plead until all info is received is the best route ( but what do I know)


Question 4:

Yes it is a consumer credit agreement. I will read up on the refs youi make.

Question 5:
How do you ask the questions correctly- I am going to be asking for a copy of the original (not recon) agreement along with details of charges allowed under the agreement,interest rates permitted as per the agreement and copies of all statements indicating the same so that I can audit the figure they claim is due.
Is this allowable?

Question 6:
With regards to the PPI and default / unfair charges - can I not drop that into my defence as they are both ongoing claims ,responded to by the creditor and have been ongoing for a number of months.

How much does Counter Claim cost?

[MattyA]

Re: GM Card - Court Papers recieved

On the PPI issue I am a bit bemused as to why that claim is on hold because the new rules did not come into effect until the 1st December 2010 so your claim would be resolved under the rules that where in place before then.

What is the state of play on the PPI do you have a separate thread on this

Claim started Septmber,they wrote to me at the end of October explaining that they could not give me an answer until the outcome of the BBA action was known...They did however advise me that I had the right to go to the FOS(knowing full well that it would be tied up for a long time)

Will post the letter if you wish?

No I dont have a seperate thread at the moment - do you recomend this?

[pompeyfaith]

Re: GM Card - Court Papers recieved

Yes matty start a new thread for the PPI issue they had no right to hold your claim as it started before 1st December 2010.

The FOS has made a statement on this I will get it for you but if you have not referred you complaint to the FOS I would do so now.

Will be back in a bit with the FOS statement
------------------------------- merged -------------------------------
Yes please if you could put a copy of the letter removing personal info into the new thread and link it here.
------------------------------- merged -------------------------------
Here have a read of this:

http://www.financial-ombudsman.org.u.../91/91-ask.htm

http://www.fsa.gov.uk/Pages/consumer...se/index.shtml

[MattyA]

Re: GM Card - Court Papers recieved

Yes matty start a new thread for the PPI issue they had no right to hold your claim as it started before 1st December 2010.

The FOS has made a statement on this I will get it for you but if you have not referred you complaint to the FOS I would do so now.

Will be back in a bit with the FOS statement
------------------------------- merged -------------------------------
Yes please if you could put a copy of the letter removing personal info into the new thread and link it here.
------------------------------- merged -------------------------------
Here have a read of this:

http://www.financial-ombudsman.org.u.../91/91-ask.htm

http://www.fsa.gov.uk/Pages/consumer...se/index.shtml

OK Pompey - I will start a new thread later,but GM are not on their own I have a number of PPI claims all on hold due to the BBA action.....most of the banks have jumped on the same bandwagon and are hiding behind the action.
Would you recomend that I start a new thead for each of the claims?

Matty.

[pt2537]

Re: GM Card - Court Papers recieved

no keep the issues together

if there is a claim and counterclaim do not separate them as the advice given can alter dramatically depending

[MattyA]

Re: GM Card - Court Papers recieved

no keep the issues together

if there is a claim and counterclaim do not separate them as the advice given can alter dramatically depending

Ok thanks pt- I will have a look at the on line forms at lunchtime and see how I do that.

If I apply for an extension to submit my defence and it is not granted will it be treated by the court that I have not suubmitted a defence and judgement be made there and then?

Starting to twitch a little here,but,if a judgement is made I assume all is not lost as I have the chance to challenge it?

Matty

[pt2537]

Re: GM Card - Court Papers recieved

Ok thanks pt- I will have a look at the on line forms at lunchtime and see how I do that.

If I apply for an extension to submit my defence and it is not granted will it be treated by the court that I have not suubmitted a defence and judgement be made there and then?

Starting to twitch a little here,but,if a judgement is made I assume all is not lost as I have the chance to challenge it?

Matty

you need to make sure you satisfy the requirements for an application.if you dont, because the Claimant argues that the issues raised by you are only residual and do not affect your ability to plead, then you could get costs, and also judgment against you

This is why i made the point about the agreement and asked if you could defend as it stands.

[MattyA]

Re: GM Card - Court Papers recieved

you need to make sure you satisfy the requirements for an application.if you dont, because the Claimant argues that the issues raised by you are only residual and do not affect your ability to plead, then you could get costs, and also judgment against you

This is why i made the point about the agreement and asked if you could defend as it stands.

In all honesty I dont know as I have not been here before.

What I do know is that I dont believe it is a copy of the origianl executed agreement.
It is a copy,illegable in parts , of the original application form,onto which they have copy and pasted a signature box.
Signature box has been completed with a very different pen - much finer point than the whole of the rest of the form.
There are no prescribed terms and conditions or riights of cancellation mentioned or detailed.
The dates on the form do not tie up with the dates in the poc.
It is a single page doc to which they have photocopied onto the back a set of terms and conditions.
The front page has a very noticeable crease in it - the back page doesnt.
Interest rate in T&C's does not tie up with interest rates that I have been charged or theat they are charging / quoting on the POC.

Matty

[MattyA]

Re: GM Card - Court Papers recieved

In all honesty I dont know as I have not been here before.

What I do know is that I dont believe it is a copy of the origianl executed agreement.
It is a copy,illegable in parts , of the original application form,onto which they have copy and pasted a signature box.
Signature box has been completed with a very different pen - much finer point than the whole of the rest of the form.
There are no prescribed terms and conditions or riights of cancellation mentioned or detailed.
The dates on the form do not tie up with the dates in the poc.
It is a single page doc to which they have photocopied onto the back a set of terms and conditions.
The front page has a very noticeable crease in it - the back page doesnt.
Interest rate in T&C's does not tie up with interest rates that I have been charged or theat they are charging / quoting on the POC.

Matty

If I challenge the agreement as not being a true copy of my original agreement ( in my eyes it is actually fraudulant - Im sure that it would be considered as such if I had done such a thing)above c/w counter claims for illegal / unfair charges and mis-sold ppi.... is that a defence ?
I could also challenge the quantum,but as I have not got all the statements or a true copy of the original document indicating the interest rates , I would have to go back to them again and requset the info via CPR / SAR,which their is insufficient time for and they are likely to ignore/refuse again anyway.

Not sure which way to jump for the best:

Defend as above & CPR / SAR them for further info to back up my defence.

Request extension from the court on the grounds that they have not fully complied with my CPR request and CPR /SAR them again for the info needed.

Submit an holding defence(is this the same as embarrassed?) and CPR / SAR them for the info needed.


Based on the info above which is the best bet / route?

My gut feeling is to deny the claim and buy some time to get all the info I need to defend it fully,but am not sure how.....and starting to drive myself into a corner with this.