Thread: PPI in Court GE/First Nat - Status Barred?

I have posted this on the Legal forum but have not received a response, can anyone help me please.


Hi to all

Desperate for advice on the following case.

First National Bank Loan for £20.000 (Broker The Loan Processing Centre)
£365 First payment made 16th December 1999
P P I, added to the loan £4,784.32p
On the Statement of account both loan and ppi were added together, showing as ADVANCE £24.784.32p
It was only when we received our S A Request information that we realised we had paid Payment Protection Ins. PPI was for 5yrs with joint cover.
Credit agreement was regulated by the CCA 1974.
Cardiff Pinnacle have stated on 3 occasions "they are unable to locate a PPI policy for us "and returned our Subject access request.

1. Firstly I had Colon Cancer in late Nov/Dec 1998, loan taken out 1999
We were never asked if either of us had any pre existing medical conditions.
2. The PPI box on the agreement already had an X typed in before when sent to us, leading us to believe that it was part of the condition of the loan, and therefore it was assumpively sold to us.
3. We were quoted the loan repayments £365 with the PPI already included, without us being informed. This effectively established a negative option strategy
4. PPI was front loaded on to the loan so we were incurred interest on the PPI first.
5. No attempt was made to ascertain if we need any PPI Both of us had a fully paid salary for 12months for sickness and a generous Company life and critical life Insurance. Plus we had our own private £100.000 Critical & life Insurance policy which was already in place at the time the loan was taken out.
6. We received no terms and conditions relating to the PPI. No one at anytime made any attempt to ascertain if the PPI was fit for purpose.
7. First National added the PPI to the total credit and then charged us further interest on the premium on top of the interest for the loan.
The Loan was redeemed / closed on the 15th March 2002.
As the loan was paid back after 2 years, you would have thought that
First National Bank would have contacted us to inform us we would be entitled to a refund of 3yrs PPI> this was not done.
That’s all the information in place NOW

I have been writing to First National Bank now owned by G E since
17th November 2006 requesting the repayment of PPI. They have not and will not budge. My last letter to them was 3rd October 2009. This they have not replied to.
For 3yrs we have been writing on and off to G E / First National
However in their letter dated 26th February 2009, they state
"that they have securely destroyed out files as it was settled over 6 yrs ago."

Sorry for giving you all this information to take in but you needed to be informed before you can answer my question.


I have now put a Claim in with the Court for the re payment of the PPI as we believe that it was missold to us on all of the above accounts.

GE have filed their defence saying
1) The Claimant and the Defendant entered into a loan agreement on and around the 16th November 1999.
2) It is averred that given that the agreement was entered into on or around the 16th Nov 1999 that the Claimants cause of action in respect of any misrepresentation by the Defendant or any acts or omissions on the part of the Defendant accrued more tan 6 years prior to the commencement of the Claim, the claim having been issued on the 8th October 2009.
3) In the circumstances it is averred that the claim is statute barred on the grounds of limitation, whether by section 2,5,or 9 of the Limitation Act 1980.
4) On the basis of the above paragraphs, it is averred that the Claimant has no real prospect of succeeding on the claim.

QUESTION IS
CAN I REALLY NOT TAKE THIS FURTHER ARE THEY RIGHT IN WHAT THEY ARE SAYING.
IS IT RIGHT THAT THIS WOULD NOW STATUTE BARRED, EVEN THOUGH I HAVE BEEN WRITING AND RECEIVING LETTERS FROM THEM FOR THE LAST 3 YRS.

GE has charged me a fee of £200 for the filing of their allocation questionnaire.

Can anyone help me with this as I have to fill in a questionnaire very soon?

Help what do I do please help.


I am sorry this is a lot for you to digest, but I needed to give you all the facts.
I’m sure I will need a lot of advice on this particular problem and further advice in the future.

Thank you in advance
Regards Lynn

Thank you for your reply, Im sorry Iv not acknowledge it sooner as Iv been ill.

If I withdrawn from the Court case now before I file my Allocation Questionair, where would this leave me as regards having to pay £200 back to GE which they have asked for, for filling their A/Q.

My court fee was waived due to my circumstances at the initial start of the Claim, where would that leave me with paying back this GE fee of £200.

IS IT RIGHT THAT THIS WOULD NOW BE statute barred, EVEN THOUGH I HAVE BEEN WRITING AND RECEIVING LETTERS FROM THEM FOR THE LAST 3 YRS.

Please help need to know if it is to late to go down the F O S route as suggested buy Alanalana.

Thanks Lynn

Bump, can anyone advise please
Thanks Lynn

Hi to all need your help yet again please
I received a General Form of Judgement from the Court on Friday,
which orders

1. Allocation Hearing is required to consider whether the Claimant's claim is statute barred on the grounds of limitation.
2. Hearing listed for 25th February 12.15 pm estimated time 45min.


I have re read my copy of the Credit Agreement, and it states that the secured loan was for 10yrs and also shows that their was a legal charge placed on our property at the time it was taken out.

Am I right in saying that this means the loan would come under the 12yrs (sealed contract) and not yrs of the Limatation Act 1980 for status barred contracts.

Any help regarding how I can argue the status barred order would really help as I am not to familar with this particular Act
Thanks LynnStatute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due.
The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.
Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.
The relevant law is contained within the Limitation Act 1980.

In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money.
For bank charges claims you can claim as far back as 1st Jan 1995.

Thanks for yr reply, but I am convinced and have read somewhere ( for the life of me I can't remeber where), that a sealed contract, ie a loan taken out with a mortgage charge applied to it, could not be status barred untill 12yrs lapses
Lynn

You may have read about it under section

S.20 limitation act provides that the time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land

1) No action shall be brought to recover -

a) any principal sum of money secured by a mortgage or other charge on property (whether real or personal), or

b) proceeds of the sale of land,

after the expiration of twelve years from the date on which the right to recieve the money accrued

Yes, thanks Bigmark thats were I have read it.
Memory is getting quite bad lately with having to take everything in.
Many thanks for pointing me in the right direction.
There's always some one who knows thank God.
Regard Lynn

Oh ****!!!!!!!!!!!!!

Damn- I got here too late. The Greeks say that the gods love a joke at our expense, I hope they're pleased with themselves on Mount Olympus today, bunch of wasters.

You should have used s.32 of limitation act- d'oh

No, it wasnt SB due to this section of the Act.

Definately go for a setaside.