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    • So I gather that you sent some parcels using DPD. They arrived in an apparently damaged state so that the items can be used. The items were returned to you and you had to refund your customer. You are now out of pocket to the tune of the entire value of the items or at least the cost of repairs. You used DPD on some kind of account/credit system so that in principle you have the money – but you are withholding the money because they didn't carry out their contractual obligations correctly and also they caused you loss. They are now threatening to sue you and they have sent you a letter of claim. I understand that you didn't take any photographs of the damaged parcels or of the items – on the basis that you weren't informed that that would be necessary. I understand also that you have had phone calls with them – but you probably have never recorded the courts so you have no evidence of what has been said. Is this all correct? You haven't told us what the items are and whether they are still in your possession. You haven't told us whether the damage to the items makes them a total loss or if they can be repaired. You haven't told us anything about values of the items or of the cost of repairs. We need this information. Also, I hope that you won't mind too much when I say that your failure to take photographs on the basis that nobody had told you to do it – shows a certain level of naïveté and your lack of evidence may become a problem if they do issue proceedings and you have to defend yourself. You also haven't told us the value of the invoice sum which you are withholding. Although your post is pretty long, it seems to be pretty scant on some of the essential information. If you could please respond to these questions and then we will try to give you advice as to your position and the next step.
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    • Hello and welcome to CAG. People should be along later.   I'm not an employment expert but I think that as you haven't been there for two years, there isn't a lot that you can do. Have you read up on the ACAS website on the rules for dismissal?   Best, HB
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moose73

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I am trying to reclaim mis sold PPI back from a loan that was paid of in 2002. The bank (HSBC) are saying the loan and claim is stature barred due to it being more than 6 years ago.

 

I am claiming misrepresentation and concealment, and my understanding is that a claim can be brought for 6 years from when you are made aware of the mis selling i.e. now.

 

Can someone confirm this? and is there anything to back this argument up? i.e. a section of an act?


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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I believe that you are correct in this but be aware that the banks are very selective on which points they will admit when it comes to the law etc.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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found this in the Limitation Act 1980:

 

Fraud, concealment and mistake

 

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

 

(1) Subject to [F26subsection (3)][F26subsections (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.

 

(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.

 

(3)Nothing in this section shall enable any action—

(a)to recover, or recover the value of, any property; or

(b)to enforce any charge against, or set aside any transaction affecting, any property;

to be brought against the purchaser of the property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent third party since the fraud or concealment or (as the case may be) the transaction in which the mistake was made took place.

 

(4)A purchaser is an innocent third party for the purposes of this section—

(a)in the case of fraud or concealment of any fact relevant to the plaintiff’s right of action, if he was not a party to the fraud or (as the case may be) to the concealment of that fact and did not at the time of the purchase know or have reason to believe that the fraud or concealment had taken place; and

(b)in the case of mistake, if he did not at that time of the purchase know or have reason to believe that the mistake had been made.

 

[F27(4A)Subsection (1) above shall not apply in relation to the time limit prescribed by section 11A(3) of this Act or in relation to that time limit as applied by virtue of section 12(1) of this Act.]

 

[F28(5)Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that subsection, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).]


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Hi moose

 

i wouldn't go along the lines of 'I am claiming misrepresentation and concealment', I would say the monies were paid by mistake and you've just found out so the clock starts ticking. Here's the precedent

set by the case of 'Kleinwort Benson v Lincoln Council [1999]'.

 

If you say 'I am claiming misrepresentation and concealment' your going to have to prove this? I don't think you can, the bank will just say it was a 'mistake'.

 

Don't forget to ask for Contractual Interest, so your charging them interest on the monies they borrowed.

http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070718/sempra-1.htm

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