First Direct PPI & Credit Card Charges

[leclerc]

Re: First Direct PPI & Credit Card Charges

On the charges, is that the amount in full or is it the difference between charges taken and £12?
Are you happy with the £200.00?

[EXC]

Re: First Direct PPI & Credit Card Charges

I don't usually get involved in advising on individual claims as I'm no good at it but since you asked, this is my unqualified opinion.

6 year time bar
You have a fair chance of getting round this. Read page 28 Time barring and pre-2005 sales http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf


Tick box
You might be able to argue using this http://www.fsa.gov.uk/pubs/other/understood.pdf as ticking the box doesn't necessarily mean you understood what ticking the box meant and cannot be used as the basis for rejecting the complaint.

As to whether you should wait for the conclusion of the JR or go to the FOS is a tough one. I assume you're trying to figure out which would be the quickest route.

TBH I'd say that the JR would probably take as long as it would for the FOS to conclude your complaint. We do know the the FSA is in ''urgent talks'' with the industry as to how complaints should be handled in the meantime and the outcome of that would obviously be influenced if the court refuses the BBA permission to have a JR.

So it might be worth just holding fire for both the JR application hearing and the outcome of the 'urgent talks'.

[The Debt Star]

Re: First Direct PPI & Credit Card Charges

Hi guys. Thanks for your posts.

Nattie. I will settle for the charges rebate. What FD said is this:

"£200 represents a 100% reduction of the charges payable, including interest at the contractual rate."

The total charges were £185 so it looks about right and probbaly not worth the agro trying to squeeze much more out of 'em.

EXC. Thanks for responding top my PM. I greatly appreciate that.

I am thinking along the same lines as you viz a viz awaiting the JR rather than kicking this of to the FOS. The bank have registered the complaint and have written to say that my

"time limits should you wish to take your complaint further eithervia the court or FOS will be extended to include the effect of this [JR] delay."

Ref the stat barred period, noted, thanks. I should be ok as the PPI was still being paid for and "current" when the account was settled up in 2006 which is within the 6 years. I THINK that's right (?).

The tick box thing is interesting point. My take on this was that the tick box just gave a positive run down of the benefits of PPI but didn't explain what it wouldn't pay out for or provide advice on the product.

[EXC]

Re: First Direct PPI & Credit Card Charges

Ref the stat barred period, noted, thanks. I should be ok as the PPI was still being paid for and "current" when the account was settled up in 2006 which is within the 6 years. I THINK that's right (?).

Obviously 2006 is within the 6 years but I don't know if the 6 years runs from the end of the contract or the beginning.

Anyone?

[Turboman]

Re: First Direct PPI & Credit Card Charges

My understanding is that PPI Claims have been paid out from the date of the PPI and PPI is not covered by the 6 yr rule anyway

see here view from Di who knows everything that moves on every site-esp MSE

http://www.legalbeagles.info/forums/...ad.php?t=26181

[The Debt Star]

Re: First Direct PPI & Credit Card Charges

My understanding is that PPI Claims have been paid out from the date of the PPI and PPI is not covered by the 6 yr rule anyway

see here view from Di who knows everything that moves on every site-esp MSE

http://www.legalbeagles.info/forums/...ad.php?t=26181

Thanks - v. useful. Your PPI thread has moved on quite a bit since I last visited.

[pompeyfaith]

Re: First Direct PPI & Credit Card Charges

The 6yr rule starts from the point of discovery of the financial mistake, now if for say did not realise you were paying the PPI until say 2008 then that would be the start of the 6 yrs, but (there is always a but) if this went to court I would imagine you would have to prove.

Fraud, concealment and mistake

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

(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
(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.
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).]

This applies as a financial mistake was made in that the PPI was missold.

[The Debt Star]

Re: First Direct PPI & Credit Card Charges

Good post PF, thanks.

I would imagine you would have to prove.

I would imagine this would be the problem and why claims afetr 6 years might be hard to prove?

[pompeyfaith]

Re: First Direct PPI & Credit Card Charges

And is the reason why statements and agreements are so important I do know that statements are browsed and then disposed off soon after them being posted though our door indeed that was me before I started using these various forums.

We must keep everything safely filed away this is so important, however there are means in getting copies beyond the 6 yrs they the banks tell you they only keep them for 6 yrs to comply with the DPA but the laundering act and the HMRC require documents to be kept for a lot longer.

I managed to get agreements from my bank as far back as March 1996.

It is also worth remembering no one person will deal with the same SAR in that I mean if on your first SAR attempt you did not get all the info you requested do another as you can bet the second will be dealt with a different person and you will get different info back.

This worked for me.

You can also get an entire screenprint off the account history since inception this will throw up all manner of nasties and is a handy document to work from.

[di30]

Re: First Direct PPI & Credit Card Charges

Sorry I have not posted on this thread yet, reading what I have read up to now (in my own opinion) looks like a good case here.

Please feel free to follow the link posted by Turbo himself to his own thread, and when your ready to make a reclaim please ask for help if required too.

[The Debt Star]

Re: First Direct PPI & Credit Card Charges

Sorry I have not posted on this thread yet, reading what I have read up to now (in my own opinion) looks like a good case here.

Please feel free to follow the link posted by Turbo himself to his own thread, and when your ready to make a reclaim please ask for help if required too.

Thanks Di - greatly appreciated.

In your opinion, should I leave it with First Direct until the JR or FOS it now?

[di30]

Re: First Direct PPI & Credit Card Charges

Thanks Di - greatly appreciated.

In your opinion, should I leave it with First Direct until the JR or FOS it now?

Your very welcome

I do actually have 2 ongoing cases that I did start just before the review, they are on hold, but the way i look at it, I've made a start, but you can do, I really don't think it matters in my opinion.

I am waiting a little longer and see what happens with mine being on hold with Lloyds, before making the move on to the FOS.
I know its difficult to predict a right time, but if you want to get it out of the way, see what they come back with.