Hi everyone,

Is there a time limit on how long you have to take an organisation to county court once you have received a final response to a complaint?

I received a final response in November 2014 and then never took the matter to the ombudsman service.

Since I am outside the time limit now the organisation have refused to allow the ombudsman to investigate.

I appealed this to the ombudsman jurisdiction team as there were extenuating circumstances,

however, this has today been rejected.

Does the same limit apply if I wanted to pursue the matter in court?

Thanks

what one of you existing threads is this in relation to please?

dx

Hi, sorry this is regarding PayDay UK - I have not made a thread about them previously.

I don't think there are any time limits, for you to issue claim in the County Court, how long were you outside of the FOS time limit (which is 6 months from the final response from the company) ?

A great deal of time unfortunately; the final response came in November 2014, but I did not raise this to the ombudsman until this year. I was suffering from mental illness in 2014 and was on a mixture of medication. I am still treated now but through counselling and behaviourial therapy rather than drugs. The ombudsman have decided that this is not sufficient grounds to investigate the complaint outside of the limits.

I had 6 loans from Payday UK and was attempting to recover interest and charges. I wondered if county court was an option, since the amount of my claim will fall into one of the lower brackets I could afford to make a claim but I didn't want to pay the fee only to have it rejected for some kind of time limit.

Hi there,

A court claim is a good option for you, the only time limit is the Statute of Limitations which is 6 years in England/Wales. If the loans were after 2010, you'll be fine.

Remember to send PDUK a letter of intended legal action before submitting a court claim form. You must allow them 14 days to respond to this letter.

They may play hard ball at first, but as soon as they receive court papers I imagine they will fold and pay you in full.

Use case studies from the FOS in any witness statement if necessary, there are loads where payday lenders are ordered to refund all interest and charges, as well as removing the data from your credit file.

Don't forget to calculate the 8% statutory interest you are entitled to as well and add this to your total amount claiming for.

Good luck!

And even with the statute of limitations there are ways to defeat that. 6 years form when you discovered the mistake (In law or fact)