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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have a first hearing tomorrow tomorrow regarding PPI clam.

Resolved Question:

I have a first hearing tomorrow tomorrow regarding PPI clam. Claim for you claimed about £4000 for me out of which only £1600 was paid back to me in cash. The rest is used was retained by the bank to pay part of the loan.
As at the time a representative of the claim for you came to my house. What he said is that they only needed one pound from me and the rest will be taken care by the insurance.
Nothing was mentioned about the percentage i was going to be charged.
When the claim came through, they sent me a letter i was going to pay 29.9% of the claim received which was not part of the agreement.
I searched on the internet, an average is 16% for such claim, hence I promised to pay 16% of the total claim but rejected by claim for you.
The court hearing is Woolwhich crown court tomorrow, do I need a lawyer and where do get one.
Could you please advise me of what to do?
Regards
Lawrence
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hello Lawrence.

tdlawyer :

My name is***** can assist with this.

tdlawyer :

Do yo mean that the hearing is in the county court, not the Crown court? Just check on your paperwork?

Customer:

Yes the hearing is at County Court at Woolwich, 165/167 Powis Street London SE18 6JW

Customer:

AT 2.00PM

tdlawyer :

Okay. Do you know whether this is the final small claims hearing, or whether it is some kind of case management hearing? Do your papers tell you?

Customer:

What the letter says is as follow:

Customer:

Deputy District Judge has considered the statements of case and questionnaires filed and allocated the claim to the small claims track

Customer:

The preliminary hearing will take place at 2.00pm on 01 August 2014 at the county court at woolwich, 165/167 Powis street. Woolwich London SE18 6JWW

Customer:

Claim no: 2QZ22453

Customer:

Are you still on line

tdlawyer :

I'm here .... sorry.

tdlawyer :

Okay

tdlawyer :

Okay. It sounds like this is the hearing where the Court decides the claim.

tdlawyer :

Because this is a small claims track matter, it will be dealt with very informally.

tdlawyer :

There are no strict rules of evidence for you to have to worry about.

tdlawyer :

You will all be sat around a table, and at times would appear more like a discussion than a true court hearing.

tdlawyer :

People do not normally take lawyers to small claims track hearings. You can, but there is no need to.

tdlawyer :

When you arrive at the court building, there should be a desk you can report to, what they will tell you where to go for the hearing.

tdlawyer :

Once you get into the hearing, the judge will tell you where to go. It will be very informal.

tdlawyer :

As your the claimant, you will need to spell out the court (if this is not being done already in the documents) the reason you say you're entitled to claim the money that you are.

Customer:

I am not the claimant but the defendant.

Customer:

The claimant wants to take 29% which was not initally agreed.

tdlawyer :

Sorry, of course you are. That makes your task easier in some way.

tdlawyer :

You basically just need to tell the court precisely what was agreed, what the representative of the claims company said to you when you entered into the agreement with them.

Customer:

I am saying I can only pay 16% because I was not advised of any percentage

tdlawyer :

But that is just a figure that is a common figure in the industry, it is not one that you agreed to, and therefore is not one of the court is likely to order. This cou is rt will either find that you agreed the 29.9% of that you agreed one pound.

tdlawyer :

You can, of course, make offers to settle for 16%, but what you are prepared to resolve the dispute for is different from what the court might order.

Customer:

We agreed one pound

tdlawyer :

Then the judge must decide whether he or she believes that or not. That is the choice.

Customer:

And that one pound had long been taken from my bank account

tdlawyer :

Then that is certainly additional evidence that will support what you are saying.

Customer:

Thanks , is there anything I still need to know before tomorrow?

tdlawyer :

No, I don't think so. I know it sounds easy to say, but try not to let it stress you out, it will be very informal.

tdlawyer :

Can I just ask whether you are happy with the service provided today please?

Customer:

Can I still come to you for further advice after the hearing tomorrow

Customer:

Yes I am more than happy. It is value for money

tdlawyer :

You can come and ask me further information at any time, of course you can. Just post your question marked "FOR TDLAWYER".

tdlawyer :

I'm pleased you're happy. Good luck for tomorrow.

Customer:

No problem, You have been wonderful and my questions have been professionally answered in a language a lame man like me will understand.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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