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masmit

Limitation Period On Reclaiming Ppi Is This True Or Bad Legal Advice

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Hi,

I recruited a solicitor for reclaiming mis-sold PPI & secret commissions through a CMC.

They had all my documents months ago to decide whether i had a claim or not.

About 7 weeks ago the solicitors sent me forms for all my loans with PPi on them saying i had a case & to fill them all in.

These forms included loans from 2000 to 2001, now 7 weeks later their claiming they can't claim for mis-selling on loans 00 to 01 due to this limitation period, why say they can then get you to sign the forms & then change their mind.

Now im in court next week for repossession, i passed all court docs on to the solicitors & they have claimed it to be totally seperate to my claims.

All my claims are against the same lender & i believe they owe me more back in mis-sold PPi than i actually have left on the loan.

I feel let down by the solicitors for moving the goal posts,

any help & advise greatful

Edited by masmit
rewording

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I would have thought that if the loans and PPI have had payments in the last 6 years, then the SOL is irrelevant.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I would have thought that if the loans and PPI have had payments in the last 6 years, then the SOL is irrelevant.

hi caro,

the loans were repaid, they were top up loans from 2000 all with the same lender finishing 2001.

I sent an SAR October last year, when i finally got the information i found out these early loans had PPI on them.

How can you claim mis-selling on something you know nothing about.

It has only been a couple of years in the public eye about the mis-selling of PPI.

The lender was not regulated before 2005 so i could not use the FOS, but i know & have heard they have upheld claims outside this so called limitation period.

with me only finding out a few months ago surely this would void this limitation period.

Its amazing if you have your house repossessed & theres a short fall the lender can chase you for 12 years to recover the difference.

 

Trying to find a loophole, can anyone help?

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I think you've got it sussed. ;)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just shows that some solicitors really aren't all that clued up about things. This is the relevant section of the Limitation Act:-

 

32. Postponement of limitation period in case of fraud, concealment or mistake.

 

— (1) Subject to subsection (3) subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

 

(a) the action is based upon the fraud of the defendant; or

 

(b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

 

© the action is for relief from the consequences of a mistake;

 

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

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Hi,

Keeping you up to date,

Blackhorse have agreed to adjourn until PPI & other issues are resolved.

 

Thanks Nicklea,

I have spoken in depth to my solicitor & their using the concealment & fraud issuse on my claims.

it was just badly explained by letter.

thanks

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