First National Bank GE/Eversheds defending PPI claim = *lost- out of time*

[iconoclash]

Hi - we have a claim for mis-sold PPI against GE

but have been corresponding for over two years without success.

 

Have now issued the claim through courts which they intend to defend in full

- now await their defence particulars.

 

They seem to think that they are not liable for the actions of the broker

and other issue they raise is that they believe it to be out of time,

which is not so as we are claiming from the point of known cause of action.

 

Any thoughts? thanks:)

 

anyone??

[cagger80]

If you it was sold by a broker, why aren't you claiming against the broker ?

 

If it was miss sold, surely it could only be miss sold by the person that sold it

[postggj]

wrong

 

the finance company take over the rights and responsabilities of the agreement

 

the finance company are responsable for the actions of the broker

 

whats the date of the agreement and date of default

[cagger80]

Not always true,

if the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated.

 

In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.

[iconoclash]

Hi - yes,

I would be surprised to discover now that GE can enter into a secured loan agreement with us

- sold by a broker

- then later after a SAR be told that the other lump sum we spotted in their sheets of paper was apparently a life cover Insurance

- then go through all the arguments about this insurance with GE,

ending up in their passing this element of the contract back to the broker to deal with?????

[cagger80]

How much was the loan for (in total) and when did you take it out

 

Or for the sake of privacy was it over £25k and did you take it out before or after April 2008

[iconoclash]

Hi - thanks for responses.

 

 

It was less than £10k and was all done by telephone and post by one of those companies you see advertising like Ocean Finance.

 

 

It is over 6 six years old but we did not know the full details of the terms,

we did not have a policy and we were at some of the times during its life registered unemployed

so would have used this so called PPI if we had it, and certainly did not specifically request Life Cover too,

as they now state, so we do not still today know what we paid for this rubbish

- we settled that loan early too.

 

 

So, it seems to us that we can now ask them to show us what we paid for, how much etc etc., (via SAR)

and now knowing this are claiming back what we feel we were mis-sold.

 

 

This was supposedly a contract regulated by the Consumer Credit Act 1974

but I have found out that the company was not regulated during the time by the FSA so they cant help,

but there were other criteria in force, such as the GISC etc.

[iconoclash]

Hi - can i please ask if i am right in my interpretation of part one, section twenty of the limitations act 1980, that it is titled "Time Limit for actions to recover money secured by a mortgage or charge, or, to recover proceeeds of the sale of land".

 

So, I think this must mean that it covers my secured loan (as a second charge noted on house) and that i then do have 12 years in which to make my claim against the lender. ??? thanks

[iconoclash]

Hi - have to send in my response and wonder if anyone can advise?? also have a hearing on august 20 to stop GE getting my claim struck out! - yet another fiasco with GE to stop a judge seeing how evasive they are being about this PPI - any help please??

[dx100uk]

you need to post in the PPI forum

 

start a thread:

 

in court 20/08 PPI reclaim - must submit docs tomorrow - help

 

 

you have left it very very late

 

'knowing' that you had PPI and knowing it was mis-sold are two TOTALLY diff things.

 

the limitations act is 6yrs from whwen you realised you had been mis-sold it

 

these jokers are talking rubbish [as per your other tread]

 

dx

[iconoclash]

Hi thanks - as you say bit late to check what Ive already put in my claim - thanks for responding - Ive put up a couple of threads on this starting in 2008 and in between have had it sent back to me by the FOS too - they were wrong to do that, which I now know, but too late (again) to withdraw from court case so will do my best as things stand - my cause of action was discovered on receipt of SAR data and therefore believe I am in time - just have to get the details right and hand in tomorrow, and assuming I get the judge to let the claim stand as it should in mid August, can move to the proper hearing when it is set from there. Thanks again.

[dx100uk]

TBH: if the judge knows his stuff

i dont think you should have any problem.

 

dx

[iconoclash]

Hi - due in court this week for claim for PPI against GE - they have asked for strike out under limitations act which is this first hearing. I assume that the whole case will not be heard this day since Ive received no defence from GE other than their own request to strike out claim - can anyone advise me i am reading this right? - thank you:)

[iconoclash]

Hi - anyone? I am within time re knowledge of product being mis-sold as opposed to when it was added to the contract and want a full hearing at some time - the only thing GE have done is move straight away to getting my claim struck out so they wont have to answer to anything - that is the hearing this week - thanks.

[patrickq1]

PPI is sold by a broker

the lender bears no liability for the mis-selling unless the credit agreement is regulated.

 

 

In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.

 

 

this is rubbish if the broker was unlicensed

he had no rights to be selling finance without,

 

 

so first of all this contract should have been subject to question

and could have been rendered void in so much as it was an unlawfull deed,

 

 

ge must have been aware of this and are more than afraid of what is going to come out in the wash because of this ,

, they are bluffing about court action and if it is the case you need to be there in person to defend this ,

 

 

first of all you need an embarrassed defence and also need to ask the judge to give an order for the

and all documents to be handed over without any redacted pages

you also need to ask what commission was paid out on this

 

, postjj was correct

the loan company have taken the resposibility of the loan and the collections of the PPI,

 

 

when is your case and

can you let us know just excactly what GE have said

.what is the name of the company who sold you the loan agreement

which if they were not licenced

then they and GE are in the poo poo

 

 

as well as to sell finance

you need to be licenced and its been that case for over twenty years,

so not licenced is that they are telling poskies and

 

 

this is a case for the FSA to investigate through their fraud department,

ge must also supply you with \ contract regardless what they tell you .

 

 

do you have any paperwork can you post the contract or have you not had this yet

 

 

i take it you have SAR to GE

 

 

how old is the loan

scan in your contract and post on here

 

 

use photobucket this way we can look at it,

 

 

also have GE informed you who the insurance company are

and have you SAR the insurance company

this way you can get data ,

 

 

you need to find out how much commission has been paid out on this policy,

you need to enter a embarrassed defence

i think postjj can help you with this

 

 

you still watching this thread post

 

the broker did nt happen to be evesheds was it ?

 

patrickq1

Edited August 15, 2010 by patrickq1

[iconoclash]

Hi

- this loan was with First National Bank who are now GE

- seem to have the same address and registration number etc.

 

 

The broker was Backford Marketing in Chester but I cannot find them on the FSA register.

 

 

The insurers are/were Bennett Gould,

they have written to me to say they are not responsible for the selling and marketing of the insurance to me

and that I should revert to GE.

 

 

GE have tried to pass responsibility to both of these other companies and say that my claim is out of time.

 

 

I became aware it had been mis-sold in 2007

- have been writing letters since then and

finally issued the claim this June when FOS rejected it - in error I believe,

I only just found out that I could have sent it back to FOS assessors.

 

 

Claim already in court.

They are seeking strike out of claim under limitations act.

 

 

Will get out the papers and post again. thanks

[patrickq1]

http://www.google.co.uk/url?sa=t&source=web&cd=5&ved=0CCQQFjAE&url=http%3A%2F%2Fwww.hotfroguk.co.uk%2FProducts%2FSales-Marketing%2FCheshire%2FCHESTER&ei=3FVoTL_yF5iM4gbRnryZBA&usg=AFQjCNHqnNlVbv3uzWSeLP-hBEsap7RRIA

i think this is the company you are looking for,

 

you may be able to bring them forward as your witness,

 

 

be it hostile is irrelevant

[patrickq1]

“any expression of dissatisfaction about the manner in which the FSA has carried out,

or failed to carry out, its functions under FSMA other than its legislative functions”.

This means that your complaint must be:

 

 

• an “expression of dissatisfaction”;
  
• directed against the FSA, not any other organisation;
  

If you have a complaint about a firm that the FSA” regulates”,

you can find information on complaining about the firm (and the relevant procedures) on

 

 

Consumer information – Making a complaint;

“seeking a remedy”

(which for this purpose may include an apology),

in respect of some inconvenience,

distress or loss which you have suffered as a result of being directly affected by the FSA’s action or inaction;

and

from an individual who is “directly affected” by the way the FSA has exercised,

or failed to exercise, its functions (other than its legislative functions) under FSMA,

or anyone acting on this person’s behalf.

 

So there we have it.

From the horse’s mouth.

There is a right to complain about the FSA for failing to fulfil its functions

[iconoclash]

Hi

- so my loan that had PPI included:

GE also say I asked for life cover too??

- this loan is not a simple contract with a six year period

but can be argued that since this was a second charge on the deed,

the relevant period of limitation was prescribed by s 8,

allowing a period of 12 years from the date on which the cause of action accrued

and therefore my claim is not out of time.

 

 

That the accrual date is when we were in knowledge, following our SAR in 2007 so I have issued my court claim within 3 years of that.

 

We settled the loan early - that was in 2000.

We think that seeing a PPI box on the agreement when it was set up in Oct 1997,

is not the same as knowing it was mis-sold at a later date,

or believing it most likely to have been.

 

 

Given we have also read the FSA article on GE.

I claimed a refund from GE in 2007 but not through court.

 

 

I sent it to the FOS in 2008 and they sent it back.

 

 

It has been a nightmare and now

Eversheds are trying to get their costs from me too if they get this strike out.

 

 

I have to convince the judge on thursday that I have a viable and legitimate claim.

I did not realise that the contract might in itself be rubbish?

Dont know what the position is with Backford as their info doesnt come up on the register when I try it.

 

 

Hope this all makes sense to you

- lol. thanks.

[iconoclash]

Hi

- me again

- found a letter from Backford Mktg with some logos on it

- they are Independant Brokers Association,

FISA, and Members of the Corporation of Finance Brokers.

 

 

They are registered in Jersey, No. 47151.

 

 

Where do I check that and

 

 

what does it mean if they are in Jersey?

[patrickq1]

YES YOU NEED TO WRITE AN EMBARRRASSED DEFENCE

DUE TO THE UNHELPFUL ATTITUDE OF BOTH ge and their Solicitors in there outright refusal

to hand over document that are most relevant to this case,

 

 

hence the reason they are trying to instigate a strike out,

 

 

in fact they are trying to pull the wool over the judges eyes ,

 

ive asked for VJ and BA they can help with writing up your embarressed defence

 

patrickq1

[patrickq1]

they list their address in chester

[dj1971]

Hi Campari,

 

GE money are a tough act to crack and will try to manipulate you into giving up.

 

Personally, I would stick by your guns and if GE money want to take this to court, let them.

 

Also, I would seek some guidance from the legal forum.

 

Good luck

 

DJ

[iconoclash]

Hi -

 

 

Ive sent in what I think is a defence to their strike out already

and now worried that i havent included all i needed to

- is this what i should have done?

 

 

I havent posted it up as I dont want eversheds saying that ive shared my privacy on line etc

but can pm if nec - also reason why i havent given the figures exactly, or am i neurotic now - lol

 

shall i post it?

 

PS its GE who are now saying that they are unable to defend themselves as they no longer hold the documents as it is too old

- but -

i thought the period of retention in deeds was and still is 12 years

- and -

they sent me a copy of the agreement in the sar??

Edited August 15, 2010 by iconoclash
more info

[iconoclash]

Found this: Backford Marketing Registered Office = Union House Union Street St. Helier Jersey HE2 3RF. Does this mean they cant be registered here with the FSA anyway I wonder.