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PPI – Test Case Judicial Review

Filed under: Services — Tags: , , , — consumerfinanceclaims @ 09:07

The Judicial Review test case for payment protection insurance claims in the High Court has been delivered, and spells a resounding victory for consumers. The ruling sets the ball rolling for a multi million pound compensation bonanza after the banks lost a high court challenge over the latest in a series of scandals to befall the industry. It seems the gulf between bankers and consumers just keeps growing wider. Whilst it has been shown, very publically, that those who sit in high government positions cannot simply make up their own rules; or flaunt rules already in place, it seems the world of banking follows no rules. In response to the ruling, the British bankers’ association expressed “disappointment”. With around three million people in line to receive compensation for being mis-sold payment protection insurance; there’s little wonder. When thinking of the world of banking, one cannot help recall the expression “you couldn’t make it up, could you?” dragging the issue out, employing lengthy delaying tactics, do not detract from the core issue here; The consumer has been systematically and deliberately deceived; cheated and preyed upon.

The Bank of England’s governor, Mervin King was recently reported in The Daily Telegraph, Financial News and The Guardian as saying “Banks are making profit from gullible customers, and are risking another financial crisis” He accused high-street lenders of taking a short-term view to “simply maximise next week profits “.

According to David Cameron (with reference to the hard times we are experiencing, and as a motivator for the even leaner times ahead) we are “all in it together.”  However, is this yet another classic example of one rule for one and another rule for the rest of us? Payment protection insurance is currently the single most complained about product lodged with the financial ombudsman service. More than 200,000 complaints have been received on the issue, with more than three-quarters of cases found in favour of consumers. In defiance of the Financial Services Authority, the banks have said they will continue to refuse to handle some PPI claims until they have made a decision on whether to appeal. After the distaste left lingering from the “bonuses” issue, this latest crisis means the banks have a lot of goodwill to make up if confidence is to be restored. Payment protection insurance is still a very good form of financial protection, where suited; and in many cases it has worked and served its purpose. The problem seems to be simply one of greed, and corporate policy.

As a consequence of these recent findings, many worried consumers are asking the question “can I still make a claim” the answer is, despite the wriggling, twisting manoeuvres of our bankers;  yes,  most certainly! And it is advised to-do so immediately if you feel that you have a case for consideration. At the very least take specialist advice; it’s free, and may help you get back some of your hard earned money.  Don’t leave it for someone else’s pension pot.

So, what is all this doing for future relations and confidence between we mere mortals, who must follow the rules, and the other world, that of banking; the world of fill your boots, and hang everyone else. When you’re in your 20s, saving for the future or retirement is possibly the most boring subject on the planet, the last thing on your mind. But that does not mean the younger, next generation, are blind to what is going around them, many just haven’t opted in yet! It is these people whom the bankers of the future will have to appease; will vie for their business. They may well have their work cut out; may even deserve a bonus!


I cannot agree more. Perhaps you might like to view www.ruinedbynatwest.com for the true "story" of National Westminster Bank PLC V Story & Pallister (Court of Appeal May 7 1999) that indicates the attitude of our senior judges to the earnest intentions of our legislature when passing the 1974 Consumer Credit Act ? I am supported, on technical grounds of applicability, in the above case, by Mr Francis Bennion, draftsman of the 1974 CCA in the situation where the ruling, which affects at least £300 Billions' of agreements regulated under the CCA, whilst ruling that the CCA does not apply, fails to report (and now refuses to acknowledge) that 3 regulated agreements were "replaced" [Auld LJ] by a multiple agreement which is held as unregulated, despite the presence of the 3 regulated agreements that were, in reality refinanced by verbal agreement that went unwritten - and the refinancing of regulated agreements occurred many times over the 20 year banker/customer relationship. Before trial at first instance, Bristol Mercantile Court, (High Court - S 141 CCA), my silk, Peter Smith QC opined that "the Judge will fudge" and that "truth and justice will be early casualties in this case" because the outcome could prove "potentially disastrous for Natwest". During closing subs, I obtained a full admission from Natwest's silk, Andrew Smith QC, that the CCA applied to one of the existing agreements that were refinanced. His admission did not feature in the Judgment of that Court. I am attempting to have the regulated agreements in question reopened under rules but the Court of Appeal refuses to respond.  John Story

- added on 18-11-2011 by John Story





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Congratulations! You're one step closer to receiving your compensation for mis–sold Payment Protection Insurance.


If all details look OK you will receive a Claim Pack through the post, usually within 48 hours. If there are any issues we need to discuss one of our advisors will call you.


Either way you need to return your Pack as quickly as possible to prevent any delays with your claim!