urgent help!

[hello 007]

I'm a claimant taking a bank to small claims court for very old PPI am I statue barred under the 1980 limitation act? This is part of their defence if so I will need to discontinue my claim as its been referred to a local court after a court mediation session. The bank were only interested in me discontinuing my claim and the mediation session didn't resolve anything. Shall I drop my claim? as the bank is filling for a summary strike out with me paying their costs, thanks in advance

[MIKE770]

better give factual information as to the events and reasons for their stance???

[hello 007]

sorry mike770 I don't understand you answer, am I time barred? as the defendant is using as their defence

[MIKE770]

what is this all about and what has happened> we need to know what events it relates to information we are asking for??

[hello 007]

I'm in the process of taking a bank to the small claims court over very old PPI, the PPI ended well over 6 years ago .They have submitted their defence to the Court for a strikeout. their defence is ...
1; Any claim in respect of the sale of the PPI is time barred
2;No claim can be brought in respect of the complaints processes

My question is: shall I discontinue my court claim if I have no real prospect of success due to the two reasons above.

[Amethyst]

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

(1)Subject to [F43subsection (3)][F43subsections (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

(c)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.

[Amethyst]

What are your particulars of claim ?

[hello 007]

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

(1)Subject to [F43subsection (3)][F43subsections (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

(c)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.

I filled in a money online claim form and only gave very brief details, as I though this is all they wanted at this early stage . I might of made a mistake and not given enough information.
I wrote this:
Mis-sold PPI (payment protection insurance) As the executor of the estate I'm claiming for the deceased( their name) banks ref number A0098745 as their choosing to ignore my complaint with letters and phone calls and not giving me a decision and why

[hello 007]

I just got a answer from a online solicitor if I'm time bared their answer was:
Yes. The deadline for PPI claims was 29th August 2019.

In any event, you would also be statute barred.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

[hello 007]

I must also add the bank sent me a FOS leaflet and in the back it says
our service isn't right for all situations. Depending on what's happened ,it might be better for you to go to court. For example you might want to go to court if you think the loss you've discovered is more than we can tell business to pay you .
Do you think the bank has acted irresponsibly by sending me this leaflet if it doesn't apply to me under a statute bar?

[Amethyst]

What date did you issue the claim ? What date did you first make your complaint ? and did you not take the complaint to the financial ombudsman at all following rejection of your complaint ?

You will have to amend your particulars of claim to proceed as you give no cause of action.

How much are you claiming ?

[hello 007]

I made a complaint in Nov 2018 to the bank i took a court claim out in july2019. No I didn't take it to the ombudsman as the form didn't seem suitable to claim on behalf of someone else and the ombudsman is financed by the banks so though it would be more delays with a poor outcome. I no it seems bad but what do I put on form as cause of action and how do I amend particulars of claim. I bet your thinking I should drop my claim as I don't no how the process works, I though I might be able to feel my way through as legal stuff is new to me and its expensive to get a solicitor so I didn't.

I'm claiming 8000 on 4 policies, single premium with 2 refinanced. I got a cheque for 1200 on one policy 2 days after I took out the court claim. I haven't cashed it in yet . I didn't think I was going to get anything hence the court claim I probably would of accepted that and left it. I was a bit miffed that I had spent £410 on the court claim only to suddenly get a cheque from the bank.

The bank were messing about and said they would write to me about all 4 policy's but they didn't, when I phoned them up they said they had closed down 3 and keeping one open. I ask why they had closed 3 down on the phone and the guy said "haven't they wrote to you about them" and I said you haven't then he said ok we will open them back up again and you will hear from us in 14 days. A month passed and I still hadn't heard nothing hence the court claim.

[hello 007]

I did find this on the internet:
Recently, some banks are increasingly defending claims primarily on the basis that the claim is; "not adequately particularised, 'embarrasing', too vague" etc, etc.

You will usually get this defence if you have filed on Moneyclaim online, regardless of whether or not you sent a schedule of charges. This is clearly a scare tactic and in most cases should be ignored and no action to amend your claims particulars is necessary.

However, If you did'nt use the correct MCOL template from the library which states the statutory and common law basis of the claim, you will probably need an amendment, depending on exactly what you used as your particulars. To amend your claim you will need to submit an application on form N244. See the section below for a guide to applying for an amendment

If you did use the proper template, including in it your account number, then your claim is adequately particularised.



M

y defence is single premium being unlawful FOR THE FOLLOWING REASONS:

If they take a single premium PPI policy to cover a five-year loan but pay it off or re-finance after a couple of years, they will have paid to insure a loan that no longer exists. Monthly paid loan PPI policies are the only way of ensuring that borrowers are treated fairly.

The ongoing investigation of the PPI market by the Financial Services Authority (FSA) has highlighted the fact that some consumers who settle their loans early are unable to get a refund on the premiums they have paid upfront for PPI*. This is just one reason behind the £1.6m penalties for poor sales practices that have been handed out to lenders by the FSA so far.

In the course of its research, the FSA heard from consumers who were advised to purchase single premium PPI despite the fact that they had told the lenders that they intended to re-finance the loan in the near future.*
Its clear, in these cases, that the consumer would be better served by opting for the freedom of a monthly paid policy instead of covering the full term of the loan upfront,. But not everyone is aware that they have this choice.