Be prepared for a fight though. They won't give up easily as my thread proves. If you're going to start this you will need to stick at it and be prepared to overcome any obstacles that they will put in your way, and believe me they will try everything.

The whole thing would be statute barred as it ended in April 2006. Surely it would look better on us if the judge did see the letter? That way he could see that we were being reasonable in trying to end this case? Or is that not how it works? Is there any kind of template on here as to how to word the letter?

Oh gosh this evidence pack is going to be huge. I need to print off the whole of our SAR request to prove that we didn't receive the sheets they provided in their evidence to say the insurances were optional, that's 48 pages x3 at the very least without all the rest. You mention about offering a settlement. What would you say would be reasonable? It already amounts to about £6500 with interest, not including some of the court costs. The actual amount of the insurances was £3199.52. This has already taken up over a year of my time and has been really stressful. They've done nothing but lie and been obstructive the whole time. It's costing me a fortune in time and printer ink.

Can we also quote Section 32 (2)? (2)For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

Thank you. I will quote the relevant sections of the Limitations Act and also why I feel they were satisfied. I sorted all that before we went away on holiday, as a document to show a solicitor. I just need to put it all together as a more legal sounding document instead. I won't put my reasons on here yet, I just get the feeling that they are watching this forum sometimes and it worries me a bit.

Am I correct in thinking that I can use some of what I think is relevant from Mike_hawk's post above and quote my relevant experience within it? Is it us that has to file the skeleton argument or DAFS as it doesn't say? I'm really pushed for time on this and I am trying to make sense of it all. Which parts of that document may help me please?

We've just arrived back from a weeks holiday to a notice from the court. It says: It is ordered that 1. The Claimants do by 4pm on 27/01/14 file in court and serve on the Defendant further evidence in relation to S32 of the Limitation Act 1980. 2. The Defendant do by 4pm on 10/02/14 file at Court and serve on the Claimant any evidence in response. 3. The Defendant's application be adjourned to 20/02/14 at 2pm before District Judge ***** time estimate 2 hours. 4. Costs of today be reserved to the adjourned hearing. 5. Skeleton argument shall be exchanged and filed at Court by 4pm on 18/02/14 with copies of any relevant Statutory Material and authorities. Help! What do I need to provide them with as further evidence in relation to S32 of the Limitations Act? As we've been away (as the Judge knew) we have had no time to take legal advice yet and things are obviously going to need posting extremely quickly. What exactly will the judge be looking for? What do they mean by Statutory Material and authorities when they talk about the Skeleton Argument? Such a relaxing holiday then I come home to this. I have a headache already

I found what I was looking for with regards to demands and needs. It was on their final decision letter. It says The finance application form completed by you indicates you were employed by ......... You had been in that position for 11 years and the position was permanent. You were both eligible and suitable for the PPI. DAFS undertook reasonable checks to ensure you were suitable by reviewing the information provided on the documentation completed by you. It would seem fair and reasonable given the nature of the employment disclosed to recommend a policy which covers accident, sickness, unemployment, redundancy, disability and death. they decided that we were suitable for PPI because my husband was employed in a permanent job and that we had provided them with a bank statement and a couple of bills. No questions asked. We take in the documents that we were asked to provide thinking they are for a credit check and they decide (without further question) that that means we want PPI and warranties!

Oh thank you so much. I hadn't looked back on that for a while after they produced their witness statement and I had totally forgotten about that. Thinking of it I don't think that they had to produce any statement of demands and needs at that time so I doubt they would have bothered. From what I remember that only came about when Financial regulation came about in 2005 They never assessed our demands and needs at all. In fact I'm sure I remember them saying somewhere in one of their letters that as my husband was employed he was suitable for any insurances. So they just basically made their assumptions based on the fact that he was employed and had proof with both of our payslips, a bank statement, a council tax bill and a telephone bill. That's all we were asked to provide. No questions were asked about suitability in any way whatsoever. It may seem strange that we can remember so much about that day, but we can because it was such an awful place and a totally different way to buy a car from what we are used to. I can still remember looking at the other cars that we had to choose from and feeling really despondent because they were awful. One had deep scratches on the side, and the other was purple and had the bumper hanging off. Little memories but they all add up to the bigger picture. If it came down to the balance of probabilities I would have to just go with proving all their lies would show that we are the more reliable. We have evidence of certain things that I have already stated that they say we would have received and can prove we haven't, etc.

Yes it is the application to strike out that has been adjourned until February, to give us time to submit more evidence. Apparently the judge has allowed 2 hours for the next hearing rather than the 45 minutes we had for this one. Can you tell me where you found what you quoted in the defence? I didn't post their defence so I don't know where you read that, if it was someone else posting on this thread or not. I know that they didn't say that to us. They never brought any of the hearsay evidence up so it doesn't appear to be an issue at the moment. The biggest thing that we need to do is prove the deliberate concealment and most of all - prove due diligence. I don't know how I'm going to do that. All I can say is that if we didn't know we had been mis-sold it how could we know to do anything earlier? I only discovered all the articles and everything else when I was researching another PPI claim. Until then I had no idea. The judge suggested that we might like to get some legal advice, so I think that's what we are going to have to do. I just don't want to have to throw more money away if we don't have much chance of winning

Well the case has been adjourned until February. The judge said that the Limitations Act 1980 was the correct act but as we were saying that we were told we had to have the insurances or we couldn't have the car, he said that there was no mistake and we have to argue deliberate concealment. Apart from now having to prove that we also have to prove due diligence, as he said it was hard to believe that we could not know until last year that we didn't have to have the insurances. Help!

Thank you. I will let you know what happens.

Well wish me luck. Let's hope we get a decent judge who can see through their lies.....

Well would you believe that the links I put up from saynotoyes show that the site no longer exists! Strange. If I was a cynical person I would think that certain people might be watching this thread..... Never mind, I copied all the things that I thought I might need....

Also received a Statement of Cost from DAFS solicitors today. Over £1600, what a joke!

Well finally got round to sorting the witness statement this morning and got it all sent off this afternoon. What a load of rubbish they spout! They took advice apparently from Steve Plowman, a consultant for the Claimant (really!) who I've just proved didn't even work for DAFS when we purchased the car. Their only defence (apart from telling us basically to 'prove it' ) is that the claim is statute barred. That's it. I mentioned the Limitations Act again, it was already on the Particulars of Claim, but I stated that the Defendant must have chosen to ignore it. So that's it. We wait until the hearing now and hope for a judge who can see through their rubbish and lies.

Oh thank goodness for that - the rest is reams of paper and I wasn't looking forward to having to print all that out and sort it yet!

Thanks Andy. So I don't have to provide all the evidence that I would be relying on later if it goes to trial? I take it I would have to provide certain evidence to prove my point though if I am refuting what they are saying? So basically I am just relying on Section 32 of the Limitations Act because they are only stating it is because it's time barred-nothing else.

Yes there is an N244 form and probably a witness statement too. What do we need to do now? What should we write on our witness statement? I'm starting to panic now...it doesn't give us long to do all of this being as we have the Christmas holidays in the middle of it all. Do we have to file all the evidence that we will rely on should it go to trial?

I'll check when I get home. I know that the hearing is scheduled to take no longer than 45 minutes and there is a few pages of stuff from Ascent Legal to say that they are applying to have the case struck out due to it being time barred. On the paperwork that we sent to the court in the first place I did mention Section 32 of the Limitations Act, but they appear to have ignored that.

6th January.

Received the hearing date today. What do I need to do to prepare for it? What should I take with me? They are trying to get it struck out for being time barred.

I still haven't heard anything since I last posted. How long does it normally take to get a hearing date?

I've never seen that address before. I wrote to the address in Bradford for everything.

Hi Alan If you take a look through my thread it shows exactly what I've done at each stage. At the moment I am involved in court action with them. They are defending the case and have applied to the court to have it struck out due to being time barred. They are also looking to have my evidence struck out (newspaper articles) due to it being hearsay. We are waiting for a hearing date at the moment.