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using the Limitation act to pay up on higher claim!
Hi All
I am due on court on Tuesday with HSBC who are refusing to pay a PPI mis-sold claim as they have applied for my claim to be struck out as its statue-barred!
They settled a smaller claim and are using the limitation act to pay up on higher claim!
Help!
Re: using the Limitation act to pay up on higher claim!
Hi rory32
You are right, how silly of me
I don't have my paperwork on my but I'll try and be as accurate as I can
Took out P/L just over £2200 and a single PPI plus credit charge of £385 was added. Loan closed in 2006. Solicitors claim that as I did not file my claim until 28 May 2008 claim is statue-barred. No letters from the bank staff stated that claim is statue-barred. DG there then solicitor did ask the claim the set the case aside as its statue-barred but the court set a date for the hearing anyway.
Took out another loan in 2005 for just over 1000 and a single PPI was added for just over £170. I did file a claim in the county court for both as they refused to pay up - same patronising letters they write was sent to me.
They then changed solicitors and not sure why but a new solicitor wrote to me in October to pay refund claim of ssecond loan (2005 ended 2006) but filed a new application for the first claim to be struck-out as its statuted barred.
The court has now set aside a new date for the case; I was rather suprised but not put out at, just angry and in rage!!
They I think was to use the limitation act (if it applies) to aviod paying up!
This is the basic of it all
Is this of any use?
Sorry if I go on a bit!
rpw
Re: using the Limitation act to pay up on higher claim!
From what you have written it doesn't seem the defendants have grounds for the case to be thrown out. Take the advice above and post the relevant details and we can go from there. When are you due in Court? Is this a prelim hearing?
Re: using the Limitation act to pay up on higher claim!
Dear rory32 et al
I ahev only just been able to get to a library to check my email.
i guess its too late and I have to go to court tomorrow ad see.
I am so terrified that they will get away with it
Its so unfir
I got a call today from their solicitor and thought they were going to fold only to confirm that they are not able to give me copies of the sales transcript as all their loans are done over the phone but conveniently, they were ablwe to find the loan contact from then but are claiming that the phone tapes are deleted. I asked her on the phone to bring with her tomorrow, copies of the receipt or proof that the recordings were indeed lost, destroyed, etc.
I found some bank notes they sent a while ago and proved that the salesperson was rather aggressive and rude as opposed to the claim by them that they did explain the PPI policy in full!!
I have just [icked up 2 emails from them that giving me detils of the cost I will incurr if I lose tomorrow, and it seems they are going ahead and will show up in court to have the claim struck out!
Someone please give me some word of encouragement. I'll check my email before I go to court tomorrow
Its at 2pm!
Eeek!
In the meatime thanks to both you and Dyanomo!
using the Limitation act to pay up on higher claim!
who are refusing to pay a PPI
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