PPI, what date?

[MCBIRNIE25]

Can only PPI after 2005 be reclaimed?

[reidnet]

Originally Posted by MCBIRNIE25

Can only PPI after 2005 be reclaimed?

NO.. PPI only became regulated by the FSA after 2005 (mind you they aint a lot of help anyway ..)

I pressume that the 6 year limit would be the case for claiming mis-sold PPI. Im not 100% sure on that one though but someone else might be in a better position to confirm this.

The claim Im chassing just now was for a PPI policy taken out in 2003.

Ian

[karinata]

I know this thread was started AGES ago...
sorry if i have done this wrong..dont know whether I should start a new or add to this??????.I am new here.....
just wondering abut the 6 year time thingy....
I am only just knowing about this PPI stuff...a bit behind I know!LOL.
My loan was back in 2002 and I have written letters etc....
do I need to get this in to court ASAP to be within this time limit as 6 yrs for me will be up in July/August or is it ok as I began the process ie; wrote my first letter in January this year.
Any advice?
cheers!

[doolally lady]

you might find this of some help:

The Limitation Act 1980 states:
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant's agent and to any person through whom the defendant claims and his agent.

This means that the time runs from when you found out.

[alanalana]

Hello all,

I do not intend to hijack your thread but am interested in post 4.
does that mean then that old loans with PPI added can still be claimed for even though they go back beyond the FSA ruling on PPI and the 14 Jan 2005 date of the ruling by FSA on PPI misselling?

I have five loans with PPI added back as far as 2002 but from RBS so the five year statute would apply in Scotland..
I have recently spoken to the FOS and the fellow I talked to said the FOS would look at my claims up to six years old.

I have still lodged a complaint with the Information Commissioners Office and sent a complaint to a lot of others about the failure of RBS to comply with my S.A.R - (Subject Access Request) and the relevant Act.

aa

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[doolally lady]

Hi,
As far as I can make out the time starts from when you found out about the problem, rather than when the account / loan/ cc / ppi was taken out.

[alanalana]

doolally lady,

many thanks for that.
aa

[doolally lady]

You are very welcome, I hope it is of some help to you in your struggles.

[karinata]

Hi... yes, thanks for that also
Was unsure how I stood, whether it was 6 yrs from finding out or whether it would be within the 6 yrs from the start of the loan.
As my loan was 2002 and I found out about the ppi stuff last December and started the letters in January...was worried because only just had my final response and am due to issue a claim through the courts...so.... if it was from the start of loan....it would have meant that I would only have 2 months to go.....so I'm relieived to know its NOT the case....phew
Thanks again !

[alanalana]

Hello mcbirnie and all,

an update on the date element of claims.

I posted some of the above posts on the legal thread and got the following response from Rory a really helpful Mod.

From doolally lady

Hi,
As far as I can make out the time starts from when you found out about the problem, rather than when the account / loan/ cc / ppi was taken out.

From Rory

You can go back further than 6 years using this arguement but of course whether the judge agrees with you or not is another matter.

From me

Rory,

Thanks I will stick with the 6 years, 5 for Scotland thank you..

aa

From Rory

Well if the majority of the claim is within 6 years you stand a better chance of going back a little further. Worst case scenario is that the judge will only give you 6 years.

Hope this helps I know it's a bit of bummer but If you try to go back too far it may get thrown out as there is a legal statute on the keeping of records see this also from Rory...

http://www.hm-treasury.gov.uk/media/...i ons2007.pdf Part 3 19. Record Keeping.

This basically means the records may only be kept for 5 years after the account was last actioned or closed. The thing is a lot of banks keep a lot of records for a lot longer. (How do you prove they have the records??)

Keep up the fight

aa