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iklt

bailiff says he can not issue warrant against royal bank of scotland

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Last year i recieved SAR from AA loan i had it was with RBS i sent off letter asking for ppi payments back and recieved rejection letter i pointed out my pre existing medical conditions and the fact i was not asked if i had any and got letter back stating i was affected to some extent by the exclusions of my ppi policy however the extent of the affect means that there was no impact on the suitability of the ppi policy so they would not uphold my complaint.

As this was there final response i decided to file a court action on MCOL i filled in brief description of claim and was surprised to get a defence filed straight away from there legal team stating that the ppi was statute barred under the limitations act of 1980

I filled in my particulars of claim showing evidence of my medical records and sent copy to court and there defence heard nothing until November 2012 when had order from court saying unless defendant files allocation questionnaire by 4 pm on 28/11/2012 defence be struck out and judgement be entered for claimant.

I was duly awarded judgement and heard nothing so contacted there legal team who told me that they disagreed with the judgement and insisted the ppi was out of limitation of six years as that is what it says on the ppi claim adverts on television so being denied my money i served warrant and payed £100 fee to bailiff to recover.

had phone message left of the court telling me to attend on Tuesday for half hour hearing for direction of judge

Phoned bailiff who tells me he can not enforce warrant as royal bank of scotland address is a po box number and he wont get passed security.

There address on money claim on line is Bank of Scotland

PO box 761

Leeds

West yorkshire

LS1 9JF

Is there any case law the defence can produce to prove that the ppi is statute barred i understand the loan and any charges would be but the ppi is a insurance policy and as far as i can see it does not come under the limitations act any thoughts and help and advise would be appreciated thank you in advance iklt

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The bailiff would need to go to the banks head office.


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There is right of entry to business premises following a judgment so that seems a poor response from the bailiffs


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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sorry brigadier i made mistake it is bank of scotland not rbs just googled there head office BANK OF SCOTLAND,THE MOUND,EDINBURGH,EH1 1YZ will contact bailiff and give him this thanks ian

Edited by iklt

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hi yes when i spoke to the bailiff this morning he was very negative because it was a bank and a PO box address different story if it was a flat or terraced house with a struggling couple or old lady who has fell behind with payments on a overpriced piece of furniture or television like all bullies they meet there match his seems to be a bank

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How true, I look forward to the outcome.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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