Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

[thincat]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

I didn't bother with PPI originally because I didn't trust the banks then(how I right was!).
I DO wonder though, if the Bank Charges issue can be revived because I feel that that is unfinished business. My profuse thanks btw yet again to ALL those at Legal Beagles who've helped
me and others to fight these organisations who think ordinary people are fair game because they don't know their rights. The battle goes on!!

Thincat.

[EXC]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

I DO wonder though, if the Bank Charges issue can be revived because I feel that that is unfinished business.

Govan Law Centre have a ''test case'' being heard in August but I wouldn't hold your breath.

[cappo]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Letter from MBNA today upholding mis-selling on credit card and offering me all PPI premiums paid plus associated interest and 8% interest. Result!

well done flossiegrrrrrreeeeaaaaaat result

[di30]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Claims firms take a quarter of PPI cash


21 May 2011

http://www.thisismoney.co.uk/credit-...ge_id=506&ct=5

Those seeking compensation for mis-sold payment protection insurance could lose hundreds from the money they are owed by using claims management firms, Which? has warned.

With the total bill for the PPI mis-selling scandal estimated to be between £7bn and £9bn, the group said claims management firms could take up to £2bn of people's compensation if everyone lodged their claim through them.
Which? added that people who took out PPI alongside a loan could find themselves owing the firms money, even if their claim was successful. It said people who received compensation for PPI that was sold with a loan they were still repaying, often had their outstanding balance reduced by the sum of the redress, rather than being given the cash, meaning they would have to find the money to pay the claims management company.


Read more: http://www.thisismoney.co.uk/credit-...#ixzz1MwFEvcem

[MBD23]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

banks not paying out yet apart from isolated claims , probably take them a few weeks to get set up then they will restart the clcok using protocol saying 8 weeks to investigate and launch investigation whever they received it , they can justify it saying they need to judge the complaint in light of the JR and the impact it has had on assessing complaints blah de blah

they know noone can do anything, what you gonna do be impatient about a further 8-12 week wait lets say or go to fos and join the 2 year backlog and fos now increasingly ruling 50/50 cases in favour of the banks as the %success for ppi continues to decrease from where it once was

the banks might be working on a way to batch job it as they got so many complaints to deal with , and new ones arriving, its going to be a logisitical nightmare for the banks to handle

the banks are also rejecting all non advised sales where no advice was given and the consumer ticked the box, such as a credit card though the post sale

[Angry Cat]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

If, the banks don't play fair, issue a county court claim!

[EXC]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

If, the banks don't play fair, issue a county court claim!

But what would be the cause of action? Courts don't do fairness, they give effect effect to the law.

[pompeyfaith]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

I think perhaps the best person to give the legal side of this is PT, he will point to case law and the various statutory laws we can use.

The court route is however worth discussing

[EXC]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

The problem is that the law is an inadequate medium to establish mis-selling by.

In legal terms the Insurance Conduct of Business regulations ICOB & ICOBS are an occupied field as they are the most specific laws governing the sale of insurance and are actionable by a private individual - whereas the FSA's Principles, used by the FOS, are not actionable in court.

For example, from the Judicial Review judgment:

''Ms Sinclair gave illustrations in her Witness Statement of the regulatory gap........there is no specific ICOB rule which prohibits the selling of a PPI policy to someone who can never claim under it, even where the seller knows that to be the case. Such conduct would be covered by Principles 1, 3 and 6.

That insurance law does not prevent a bank from knowingly selling you a policy that you have no hope of claiming on makes for a very strong defence for a bank.

[LouieJ]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

the banks are also rejecting all non advised sales where no advice was given and the consumer ticked the box, such as a credit card though the post sale

What evidence to you have to suggest this is happening?

[stevesouth33]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

the banks cannot reject non-advised sales out of hand that was part of what the principles were all about but in many cases that is more of a help to pre 2005 stuff because they actually did write on the applications back then that they 'strongly reccomended' PPI. After 2005 that did not really happen but it was in these cases much more difficult to determine misselling as it was made much clearer that it was optional. Remmeber not all PPI was mis-sold some of it was mis-bought, and there has to be proven mis-selling not just speculative jumping on the bandwagon.

[igglepiggle]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Egg, are notorious for dragging their heels...!

Re: the default notice:

Egg (Barclays) should not be issuing same, whilst the account is clearly in "Dispute"; and
if, the information is recorded on your CRA credit file, the information would be incorrect, which would breach the DPA.

[Emphasis] firms must take great care about registering defaults with the CRA's in this particular situation.

I think I'm going to have to write a letter to Egg reminding them not to do this.

Is there a template letter I could amend? If not, could you give me some pointers to the relevant areas of the rules/laws?

Appreciate the help.

[debtisbad]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

I think I'm going to have to write a letter to Egg reminding them not to do this.

Is there a template letter I could amend? If not, could you give me some pointers to the relevant areas of the rules/laws?

Appreciate the help.

Great posts about this, but let me tell you the reality that you face.

I had adverse references recorded on my credit files, even though the accounts had been successfully disputed.

Example, I had an Egg account. I was abroad and they knew it, and sneakily went to the bulk county court in Northampton. Of course, they won, because I was not in the UK to defend. Once I knew what had happened, I contacted the county court and had the claim set aside. It was therefore clearly a disputed claim. Egg, unlawfully sold the account to CapQuest DCAs (you cannot sell a disputed account). Capquest registered their name against the default on my account and would not remove it. I contacted Experian, who also refused to remove it. I went to the ICO, who took over a year to respond. Eventually, I went though their complaints procedure. They concluded that there was nothing that they could do, and so the default remains, under CapQuest, who should never had received the debt in the first place.

You tell me, where is the justice in that? If you think that you can take on Egg about this, I think you will be disappointed. The industry is a disgrace, and the so called "regulators" are a bunch of wet pansies, taking money from the public purse for providing a third rate service, at best.

[Garlok]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

You are absolutely right Debtisbad. Barclays have always considerd themselves above the law in every respect and treat the courts and their customers with utter contempt.

Our accounts are in dispute, put there by specialist lawyers acting for us, not US on some technicality, yet they advised that we be prepared for anything when it comes to Barclays and their coven includng having our credit reference files trashed which they would sort out if Barclays ever dared to enter a courtroom against them.

regards
Garlok

[flossie]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

In March Barclays placed 2 loan PPI misselling complaints on hold due to the JR, which I then sent to the FOS.
I spoke to FOS on Friday and they haven't yet assigned these to a complaints "handler". As there is not now going to be any appeal and Barclays may start dealing with the backlog does anyone know if I can withdraw my 2 complaints from FOS to see if Barclays deal with them?

It would seem sensible if this was an option as they have not started processing them and it would lessen the load of the FOS.