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.
Hi, I have put a claim in for the PPI on 2 Egg loans. Egg have writtain back saying that as the loans are over 6 years old under the statute of limitations act they do not have to look at the claim, does the act apply to mis-sold PPI? or should I forward the details to the fos?
Hi, I have put a claim in for the PPI on 2 Egg loans. Egg have writtain back saying that as the loans are over 6 years old under the statute of limitations act they do not have to look at the claim, does the act apply to mis-sold PPI? or should I forward the details to the fos?
Hello pb,
The loans may be over six years old but if they are still active then you should be entitled to all the data on those loan.
are the loans closed or still open?
I would go for a reclaim however old the loans are. I managed to reclaim back to 1997.
Also ask Egg to define the statute of limitations as I believe this is applicable in America and not the UK.
You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Hi aa, I already have all the info relating to the loans, I don't have an issue with the Loans themselves as they are paid off but the PPI that was added to them. They are refering to the statute of limitations act 1980 which I know has influence over the age of bank charges that can be claimed. What I wasn't sure about was whether after recent findings by the OFT and FSA Egg can hide behind the limitations act when it comes to PPI?
Hi aa, I already have all the info relating to the loans, I don't have an issue with the Loans themselves as they are paid off but the PPI that was added to them. They are refering to the statute of limitations act 1980 which I know has influence over the age of bank charges that can be claimed. What I wasn't sure about was whether after recent findings by the OFT and FSA Egg can hide behind the limitations act when it comes to PPI?
A lot depends on when the loans were settled. However IMO you should make a claim from the start date of the PPI. You had better believe they will have records and if they deny having records then you insist on proof of destruction of the data and records as per the data protection act.
Another act to be aware of is this if you end up in court
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.