PPI and Court

[Angry Cat]

Re: PPI and Court

Many of us are in a similar situation Re: mis-sold PPI

My opinion, take them to court; risky...

The better option, is to wait for them to show their cards, and then counter-claim.

Caution re: signing any acceptance form with the FOS.

Only my opinion, shoot me down in flames if I am incorrect.

AC

[pt2537]

Re: Question for PT regarding PPI and Court

Hiya PT,

This question is for you bearing in mind your knowledge of court.

I have a complaint regarding missold PPI on 9 Loan Agreements I originally complaint to the bank and after my third letter they upheld but I refused their offer as it was well sort of my calculations and they only offered redress on 8 of the agreements.

So I refereed the matter to the FOS and after 18 mths they too upheld the complaint but they would not disclose what the offer from the bank was but still wanted me to sigh an acceptance form.

This I consider to be totally unjust and I told them so.

The adjudicator is now looking into it further lol

Being as both the bank and the FOS have upheld the complaint but im no nearer to knowing what the offer is so I can decide whether to accept or not I,m considering whether to now take this to court.

My question is what do you think my chances of winning are.

The bank will not take me to court for the outstanding loan amount because there is a 'vis a 'vis' and they owe me more than I owe them so are quiet happy to sit on it until my limitation period runs out.

They are now using DCA's knowing that this is with the FOS and is fairly disputed

Besides if they did take me to court they know I would counter claim.

This claim is quiet a considerable amount of money and has taken 2 yrs thus far

I would like to go to court with this but the barrier is the costs if I lose as it would be a fast track case as its well over £5000.

Could I take them to court with just one agreement via small claims to test the water so to say and if I win go back again with the other 8.

Any assistance you can give on a way forward would be much appreciated

PF

PF,

Im not sure that you would retain small claims protection if im honest, so there is a real risk of costs if you lose. Id look at Black Horse v Speak for evidence of the risks as the Defendants lost very heavily.

I would suggest that the FOS is frankly out of order, i do not see how you can possibly accept an offer that you do not know, you could not contract on such terms and the offer needs to be clear and all its terms understood before acceptance can take place as a general rule.

Have the FOS given any reason for the secrecy ? i honestly cant see how the offer which you need to accept can remain secret

Id press the ombudsman hard, but be aware of limitation though, dont let it expire.

AS for prospects of success, i wouldnt even begin to advise on the basis i simply dont have enough information to assess the prospects of success.