Jump to content


Paratus say ERC/charges reclaim is now Time barred??


andyep
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2571 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all ,

Over the years I had remortgaged several times , mainly whilst self employed and used a broker to do so.

 

It had been at the back of my head that somewhere along those remortgages there had been some kind of charge as the figures didnt add up compared to what we owed ,and I felt there had been some kind of early repayment charge.

 

After contacting my wifes bank and paying for copies of statements I found out that one of the remortgages was with GMAC RFC now Paratus.

 

Apparently gmac/paratus contacted current customers after I had remortgaged onto someone else regarding claiming back unfair charges and so I was not contacted because I had moved my business elsewhere.

 

Movind back to now I phoned Paratus with my concerns about unfair charges/early repayment charges and they said they would start a complaint/investigation for me ,

 

 

I have no proof of any charges other than the sums dont add up.

I recently received the following rejection stating my complaint is time barred.

 

Any thoughts would be greatly appreciated ,Thanks Andy.

img008.jpg

img009.jpg

Link to post
Share on other sites

SAR them. That way youll get everything they hold on you. Not just selective bits. If you require specific information, you can request it in your sar.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

The key here is when you knew you had a claim (or, based on "constructive knowledge", when you should have know), whichever is earlier.

 

They have noted that you can go to the FOS, on the basis that it was outside of 6 years, but within 3 years from when you knew (or should have known), but they feel that you are outside of this period : though the accept that what matters isn't what they think, but what the FOS believe.

 

So, if you think you are running out of the 3 year time period, submit the complaint to the FOS now.

If not, get that SAR running, so you can use it to formulate your complaint ; but make sure the complaint goes in within the 3 years from actual or constructive knowledge.

Link to post
Share on other sites

The key here is when you knew you had a claim (or, based on "constructive knowledge", when you should have know), whichever is earlier.

 

They have noted that you can go to the FOS, on the basis that it was outside of 6 years, but within 3 years from when you knew (or should have known), but they feel that you are outside of this period : though the accept that what matters isn't what they think, but what the FOS believe.

 

So, if you think you are running out of the 3 year time period, submit the complaint to the FOS now.

If not, get that SAR running, so you can use it to formulate your complaint ; but make sure the complaint goes in within the 3 years from actual or constructive knowledge.

 

Thanks for that BazzaS and renegadeimp , looks like a complaint to the FOS is the way to go then after reading another Paratus thread on here. Heres a quote from that thread re a SAR

 

shimself, we don't encourage PMs on the site - I can't help much at the moment anyway as I have a lot on my plate - including a one-sided letter tennis with Paratus.

 

I've not had a single statement from them, not had anything other than three letters this month asking me to contact them. As they haven't replied to a SARicon from earlier years I am completely ignoring them. I don't own any property, have no income and am living in a studio in sheltered accommodation.

 

There is very little they can do - they may try court, but this alleged shortfall goes back to 2006 so they would have to explain why they haven't tried that before - and they would have to come up with a far better one page no letterhead list of all the charges they added to the account.

Thanks Andy.

Link to post
Share on other sites

  • 3 months later...

Sar request and postal order returned as account was redeemed more than six years ago and files in relation to this matter have been destroyed in line with their records destruction policy .

 

 

So because I have no records I cant prove if a broker added PPI to the account

(Paratus state in the reply "we can advise that if you were sold a PPI policy it wasnt by them")

and no mention of any early repayment charges on the account.

 

Any ideas advice what to do next if anything ?

 

 

After reading the forum is it worth approaching them and asking for signed certificates of destruction ?

 

Thx Andy.

Link to post
Share on other sites

Hi Andy...responding to your PM.

 

I really do no know what to advise in this instance.

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

If a loan agreement is active until the agreement is terminated, all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007. “

 

If they state they're destroyed ..and they have fulfilled the above ..I cant see any use in requesting certificates of destruction.

 

The only chance you may have is if the above was done through a conveyancer /Solicitor and they retained copies of the advance ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...