PPI CCJ adwarded against HSBC - they are defending under SB'd rules!!

[dajulo]

Hi

 

Has anyone managed to get a CCJ against a bank for mis-selling of PPI, I have recently however they have now filed a N244 as it is statue barred

[dx100uk]

PPI cannot be SB'ed

 

tell us more

 

dx

[dajulo]

briefly

 

Took two policies in 2000 lapsed 2005 with HSBC

 

FOS are handling one the other HSBC would not let them take on

 

In 2008 HSBC FA told me that the policies would not have paid out as I had gone from Self employed to a company Director, wrote and complained to HSBC

 

In June of this year started court proceeding HSBC filed an acknowledgement of service but did not defend therefore a CCJ by default was awarded they have now filed a N244 - court date looms

[dx100uk]

well they are muppets if they think that the refunding PPI can be prevented by claiming it is statute barred.

 

dx

[dajulo]

well they are muppets if they think that the refunding PPI can be prevented by claiming it is statute barred.

 

dx

 

 

Their defence is lengthy with every point quoting the time limitation Act 1980

 

First point of their defence was

 

The claimant suffered damage on **** 200 and as more than six years have expired since that date his claim is statue barred by s 2 of the Act which gives a claimant six years to bring a claim. The Banks case is that it is not arguable that the damage accrues on the date each payment was made]]However even the last payment in 2005 is statue barred as it too was made six years before the claim was issued

 

 

That is just their first defence it goes on and on!!

 

I have been pursuing this since 2008 and even after a judgement awarded against them as they did not defend it seems a joke that they again are playing their mind games!!

 

Your thoughts would be appreciated as I will have to argue each of their points at the application hearing very soon

[citizenB]

I would have thought that one of the points in your favour would be the Judicial review put everything on hold for a good 12 months didnt it ?

[citizenB]

Is there any chance you can let us have sight of their defence ? Do make sure you edit any personal information first.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[citizenB]

I think we would need sight of your original claim against htem as well.

[dajulo]

I think we would need sight of your original claim against htem as well.

 

Hi

 

The Judicial review does not apply to County Court Action, I would have preferred to go the FOS however HSBC would only allow the FOS to look at one policy even though they were sold to me at the same time

 

My claim is I believe geniune

 

The only real argument of theirs is that I complained to HSBC in 2008, therefore that are stating that the under the time limitation Act 1980 I am over the three years and as I was sold the policies in 2000 under the time limimation Act 1980 I am over the six years when the breach happened.

 

I feel so down as the FOS could not help they tried but again HSBC seem to have the upper hand, I have looked at statue barred PPi claims going to court and it seems hit or miss if the judge upholds the banks defence

[dajulo]

Sorry I forgot to mention I do not have a scanner and I was made redundant last month so am unable to upload the documents

 

I can type their defence it it helps, but nearly every point they mention statue barred, they are the ones they gave me the run around iniatallyy thus delaying my court action, of which I have proof of their apologies , the delay standard letters

[dx100uk]

mobile phone/digi camera?

 

dx

[dajulo]

I can go to my old work tomorrow and upload all the pages, would I be able to e-mail them over??

[dx100uk]

use the instructions in post 7

 

dx

[dajulo]

Thankyou for your advice

 

I will upload tomorrow, I think I might have an old scanner in the cupboard so it might be tonight

[MARTIN3030]

When you say 3 years are they citing the FSA handbook guidance ?

 

The FSA guidance is sep from the 1980 act.

Right of action should still allow 6 years from discovery of the mistake (you agreeing to the PPI)

If you began action in 2008,then it still leaves 2 years,assuming that you discovered cause of action in 2008 of course.

We really need to be seeing that paras of the LA they are looking to rely on.

Can you say how much is involved here ?

It is extremely unusual in these circumstances and given the risks,for a bank to pursue and not just settle.

[BankFodder]

Very interesting indeed.

 

Yes, please wil you scan them over as requested by our team.

Also please will you email us on our admin address - put "HSBC PPI " in the subject line.

Let us have some contact details so that we can have a chat and we will see how we can help you.

I think that you will have to prepare a reply urgently. When is the hearing?

 

I also think that you should start sorting thrugh HSBC PPI claims on this forum to find instances of people who have succeeded in claims more than 6 years old - particulalry those where the PPI award has been made after intervention of the Ombudsman.

 

There is a very significant issue here because if HSBC win this then they might start refusing all claims over 6 years.

[dajulo]

Hi

 

I am about to start scanning, sheet by sheet

 

The amount is only £3000.00 plus interest

 

The FOS could not intervene as I complained to them two days to late and HSBC refused to let them reinvestigate this claim, the hearing date is very soon, I need to send a statement of evidence to the judge very soon so he can have this before the application hearing

 

The FOS is looking at the other mis selling

 

Is there somewhere private I can leave my telephone number??

 

The six years they are looking at is from the date the breach " accrument of action" beganwhich can be argued

 

Kind regards

[BankFodder]

I've suggested that you send an email to me at our admin address.

Let me have your contact details and I'll call you this morning

[dajulo]

This is HSBC defence, I am not sure this is going to upload , the PC I am using is very old with hardly any software

 

edited documents

 

 

 

forum - bank docs.pdf

Edited September 7, 2012 by citizenB

[citizenB]

Edited documents replaced

Edited September 7, 2012 by citizenB

[citizenB]

dajulo, can you please let us have sight of the Particulars of Claim that you submitted to kick this off ?

[BankFodder]

I understand that you obatined a judgment against HSBC and then allowed about a week to elapse and this gave HSBC an opportunity to file an application to setaside.

Apparently you did this to allow HSBC a chance to pay voluntarily.

I'd like to point out for the benefit of anyone who reads this thread that there is no fairness when dealing with banks. They are hugely well resourced and have access to the best and most expensive expertise.

You should have put the bailiffs in immediately and not have given the bank any warning.

Of course, the bank could still have applpied to suspend the warrant, but there was a good chance that they would have paid rather than suffer the embarassment - and anyway, having obtained a warrant against them would have put them even more on the back foot.

In the past when people have put the bailiffs in on their bank, we have mnaged to arrange a little welcoming party of media people to photograph the bailiffs going in.

Never ever give the bank a chance.

They will never give you a chance. They would backstab you in a heartbeat.

[dajulo]

dajulo, can you please let us have sight of the Particulars of Claim that you submitted to kick this off ?

 

Here are the claim papers

 

It is still in JPEG, just looking into converting to PDF

 

 

dajola claim.pdf

Edited September 7, 2012 by citizenB
converted to pdf and edited

[BankFodder]

OK, I've read the application.

Need to see your claim please

[citizenB]

dajola, I have converted to pdf and edited for you.