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emanevs

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Posts posted by emanevs

  1. I think you have answered your own question. If there is no security, it is an unsecured loan - therefore a simple contract and would be statute barred after 6 years.

     

    I would think the only exclusion to this would be where a loan was originally a secured loan - the asset for security was then repossessed and there was a shortfall. I suspect the shortfall could still be pursued for 12 years.

     

    A simple contract is statute barred after 6 years:

    5 Time limit for actions founded on simple contract.

     

    An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

     

    A loan cannot be a secured loan, if never secured.

  2. If a mortgage offer with full details of the loan, conditions etc is dated BEFORE the 31st October 2004, but the mortgage deed is after, what is it?

     

    "The effect of the Regulated Activities Order is that mortgage contracts which are varied can fall into one of the following categories:

    (1) a contract that was entered into before 31 October 2004, and that is subsequently varied on or after that date so that is satisfies the conditions set out in PERG 4.4.1 G (1) to PERG 4.4.1 G (3), will not be a regulated mortgage contract (because it was not a regulated mortgage contract at the time it was entered into);"

     

    I found the above, but am guessing that its not a regulated mortgage contract?

  3. Hello,

     

    I am going to court with LloydsTSB over ppi.

     

    They said they paid me all ppi back, I disagreed.

     

    Their defence stated amongst others, that my claim was statute barred,

     

    they said that they sent a cheque in settlement and that I had recovered the maximum amount I could possibly recover before the claim was issued.

     

    Today, I had a copy of a submission of another witness statement (not amended defence) trying to show that I was reimbursed with all computer sheets etc, etc.

     

    Surely they can only rely on their defence as evidence and not a witness statement??,

     

    what should I do?

  4. Hi,

     

    They upheld my complaint, and agreed to pay me all the ppi that I had paid on the account, and they stated to me that I only paid a few payments of around hundred pound or so last year. The loan accounts were from 2001.

     

    Then I did a subject access request, and I had statements which show that I actually paid ten grand in ppi. I found out this after the told me I only paid a few quid. In effect they lied to me.

     

    I reckon they cannot use the limitation act, and in fact they are estoppelled.

     

    Any help would be appreciated, I think I will make an application?

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