PPI: Documents for Bundle
Contents
Useful Documents for PPI Bundles
If anyone has any useful documents to incude with budles please can you send them to: alan@consumeractiongroup. co.uk
Codes of Practice
Tthe following documents are the historical Codes of Practices for the ABI and the FLA. These will be of particular use for claims relating to PPI prior to FSA regulation of PPI in 2005, although the latest FLA Guide is also included.
Citing Fraud
There may be some basis for citing fraud, however it does have to be remembered that the burden of proof is on the Claimant - unlike with the Misrepresentation Act which switches the burden of proof.
The following caselaw allows for fraudulent misrepresentation where the person making the representation gave it without caring if it was correct or not. The finer detail is discussed elsewhere on the forum - and of course, you are reminded that you should seek proper legal advice before proceeding with any claim.
Including PPI in the total loan and adding interest.
Personally I am not 100% certain of this issue myself - but again this caselaw is discussed elsewhere on the forum, and the full text is always useful.
North London Securities v Meadows (2005)
Burden of Proof in Relation to Misrepresentation Act Claims:
This is extremely useful in that it establishes that a customer should be able to rely on the information given, and that even without an intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged then that is enough.
It also establishes that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
In many ways this is a killer piece of caselaw - read and enjoy:
Howard Marine v A Ogden (1975)
