Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Loan taken out in 2000

    Hi

    I took out a loan in 2000 over a term of 5 years but in 2002 due to financial difficulties I started a dmpicon with CCCS and am still repaying the loan. My question is that although I took out the loan over 6 yearsicon ago, can I still reclaim PPIicon as the end of the loan was officially less than 6 years ago.

    thanks for your help


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  2. #2
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    Default Re: Loan taken out in 2000

    Quote Originally Posted by takeitalltheway View Post
    Hi

    I took out a loan in 2000 over a term of 5 years but in 2002 due to financial difficulties I started a dmpicon with CCCS and am still repaying the loan. My question is that although I took out the loan over 6 yearsicon ago, can I still reclaim PPIicon as the end of the loan was officially less than 6 years ago.

    thanks for your help
    Hello Tiatw,

    The answer to your question is yes, yes and yes.

    May I ask who the loan is with???????

    I have successfully reclaimed back two big claims from loans taken out in 2000 and 2001.
    Now the first thing to know, the debt has it be passed or sold to a debt collections agency

    The first thing to do is to send a Subject access requesticon to the original creditor. It costs £10 and they have 40days to comply.

    You will find the SARicon in the ppi stickies, just amend it to your details and sent it recorded delivery and wait till it comes.

    Whilst waiting read around the threads and stickies to educate yourself for the journey

    Anything you need to know, ask away and if we know the answer we will help

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  3. #3
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    Smile Re: Loan taken out in 2000

    Thanks for the reply. That's great news.

    The loan is with Barclaysicon and hasn't been sold to a debt collectionicon agency. I don't have the original paperwork so if I do a SARicon I assume they should send me a copy of anything I signed?

    My husband also had a loan with Barclays taken out in 2000 over a 8 year term. This was paid off early when he took out another larger loan with Barclays in 2005. I have written to the bank stating that the ppi was mis-sold due to the fact the my husband has a pre-existing medical condition. The bank have written back and have stated 'that it is reasonable to expect customers to raise an issue within a reasonable time. By postponing making your complaint, our positon has been prejudiced and the level of any investigation could have been compromised. Where a complaint relates to an alleged breach of duty outside six years, it is considered time barredicon under the status of limitations.'

    They have also advised that when the loan was paid prior to maturity a refund of the unused premium was obtained and credited to the loan in order to reduce the balace outstanding. We've got no idea of how much was repaid, we did not receive any Breakdownicon of figures.

    I have written back asking for a breakdown of figures and confirmation of my husband's authority to pay the refund to the loan account (surely as it was his money he should have given his permission for them to pay it to the loan account?) I have also stated that as the loan end in 2005, they should still have all the documents relating to this account.
    I feel we're going to have a fight on our hands with this one so any help gratefully received.



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    Default Re: Loan taken out in 2000

    Quote Originally Posted by takeitalltheway View Post
    Thanks for the reply. That's great news.

    The loan is with Barclaysicon and hasn't been sold to a debt collectionicon agency. I don't have the original paperwork so if I do a S.A.R - (Subject access requesticon) I assume they should send me a copy of anything I signed?

    My husband also had a loan with Barclays taken out in 2000 over a 8 year term. This was paid off early when he took out another larger loan with Barclays in 2005. I have written to the bank stating that the ppi was mis-sold due to the fact the my husband has a pre-existing medical condition. The bank have written back and have stated 'that it is reasonable to expect customers to raise an issue within a reasonable time. By postponing making your complaint, our positon has been prejudiced and the level of any investigation could have been compromised. Where a complaint relates to an alleged breach of duty outside six years, it is considered time barredicon under the status of limitations.'

    They have also advised that when the loan was paid prior to maturity a refund of the unused premium was obtained and credited to the loan in order to reduce the balace outstanding. We've got no idea of how much was repaid, we did not receive any breakdown of figures.

    I have written back asking for a breakdown of figures and confirmation of my husband's authority to pay the refund to the loan account (surely as it was his money he should have given his permission for them to pay it to the loan account?) I have also stated that as the loan end in 2005, they should still have all the documents relating to this account.
    I feel we're going to have a fight on our hands with this one so any help gratefully received.
    Hello,

    When they were trying to baffle you with the limitation act, and it being statue barred, they failed to mention Section 32, which in effect blows that one out of the window. Your have only now discovered their underhanded business tactics:grin:

    Also under the misrepresentation act, they have to prove that it was not mis-sold:grin: They had the advantage of knowing what they were doing, you didn't. They breached their fidicuary relationship with you. for their unjust enrichmenticon.

    Don't be put off by their statement, they will try anything, so they don't have to pay out.

    Keep at them and show them that you are determined and not going away

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  5. #5
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    Default Re: Loan taken out in 2000

    Thanks for getting back to me. I'm not planning on going away. I'll quote S32 at them and see what they say. I get the feeling that these banks seem to think that we're stupid and they rely on people not being aware of their rights.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE