The Mortgage PPI

[abops]

Hi all

I'm new to this forum and would really appreciate a bit of advice (apologies in advance for the long thread!).

I am in the process of trying to reclaim PPI on mortgage related PPI that was sold to my husband in 2000 and then topped up by the same company in 2003.

At the time he was self-employed, told that he had to have the insurance to get the loan/s, did not understand that this was an upfront single premium that would attract interest or offered any other alternatives except that if he did not take it out through the company he would have to fund the full amount himself.

I sent a letter to the company stating these points and requested a refund of all premiums plus interest plus statutory compensation.

The company replied quoting the Limitation Act 1980 stating as this was over 6 years ago, the complaint was time barred.

I responded also quoting the Limitation Act 1980 as follows:

You also state that under the Limitation Act 1980 that my complaint is time barred due to the fact that this was more than 6 years ago and you are unable to accept this as a valid complaint.

However the Policies (please see encs.) were purchased as part of a mortgage agreement that ran until 2007 and not as part of a simple contract.

The Limitation Act 1980 Section 8 states:
8) Time limit for actions on a specialty.
(1) An action upon a specialty shall not be brought after the expiration of twelve years from the date on which the cause of action accrued.

The Limitation Act 1980 Section 20 states:
Actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land:
20) Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land.
(1) No action shall be brought to recover—
(a) any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or
(b) proceeds of the sale of land;
after the expiration of twelve years from the date on which the right to receive the money accrued.

Therefore the six year time limit stated in Section 5 of Limitation Act 1980 (Time limit for actions founded on simple contract) that I believe you are relying on does not apply.

The Limitation Act 1980 Section 32 states:
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
(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.

As I had only recently been advised that I was mis-sold the Policies as referenced in my letters dated 23/05/11 (copies enc.) and was unaware previously that the Policies had been mis-sold, I would refer you to to Paragraph 32 (c) of the Limitation Act and also to all the points raised in my previous letters to you.

I wish you to continue to investigate my complaints according to your normal complaint procedures.

If my complaints are upheld I require a refund of all premiums paid to the policies, plus any additional interest charged to me because of the PPI. I would also like to claim statutory compensation in view of the fact that I have been deprived of the use of this money.

Please now investigate my complaint within the remaining time limit allowed to you.

They have now come back confirmingacknowledgement of both policy numbers and dates taken out and state:

We note your interpretation of the Limitation Act 1980, however we continue to take the view that as these events took place between 8 and 10 years ago, your complaint is time barred.

They have not stated that this is a final response.

I would like to know if it is in my best interests to send them a letter before action? I'm only limited with my legal experience and have been told that there will be no chance of claiming if it is over six years, although I have read that in some circumstances 12 years applies (I hold all the original loan documentation).

Any advice would be greatly appreciated as I'm getting a bit brain-dead trying to work out what to do next :-)

Many thanks

[pompeyfaith]

Re: The Mortgage PPI

Has this been ongoing for more than 8 weeks, if so I would write a final letter to them stating that if they are not prepared to investigate your complaint within FSA and FOS guidance you would like a deadlock letter so that you can refer the matter to the FOS so they can investigate.

I would also use the FOS CLAIM FORM on the FOS website and send them a copy of this and keep a copy for yourself in case you have to forward it to the FOS to start the complaint with them

The FOS PPI complaints form is on this page.

http://www.financial-ombudsman.org.u...notes/ppi.html

Regards

[abops]

Re: The Mortgage PPI

Thanks for this.

At the moment it's just coming up to 4 weeks, so not over their 8 weeks allowed. I'm just a bit unsure whether to go straight back at them now as they are obviously not going to respond any differently unless I put pressure on them.

Would you suggest sending them letter as you mentioned now?

Thanks again

[pompeyfaith]

Re: The Mortgage PPI

Yes I would put something along the lines of:

You have 8 weeks to investigate my complaint in a just and fair manner and to the guidelines as per the FOS/FSA as you have not done that but instead come back with a reason that is quiet simply not true.

You have a further 4 weeks if you insist in not playing fair you will leave me no option than to forward the complaint to the Financial Ombudsman Service for them to pursue and were you will be charged a £500 fee for them to investigate.

I strongly suggest you start treating my just complaint as a valid one and as 4 weeks has already been wasted you have a further 4 weeks until I can refer the matter to the FOS.

If you are still not prepared to play fair I insist on a deadlock letter so I can pursue the matter with the relevant authorities.

You can probably word it better but that is the gist of it

[abops]

Re: The Mortgage PPI

Thanks! I'll do that today :-)

[abops]

Re: The Mortgage PPI

Hi all

well I sent a letter (2 in fact) both registered signed for (one that was never signed for but obviously received) which stated:

With reference to your letter dated 07/06/11
Your complaint alleging mis-sale of PPI
1. MMS Certificate Number XXXXXX November 2000
2. Policy Number BES/XXXXX August 2002
3. Policy Number NSPXXXXX June 2003
Firstly with regards to:
2. Policy Number BES/XXXXXX August 2002, I have contacted my original point of contact GE Money, who have confirmed that this policy was not taken out with with The Mortagage Group and this matter is now being pursued separately.
Secondly with regards to:
1. MMS Certificate Number XXXXXX
3. Policy Number NSPXXXXXX
I can find no reference in my paperwork for a credit on Policy No. XXXXXX only a further ‘top-up’ made to Policy No.NSPXXXXX. I request that you send me details of this credit for my records, and enclose a cheque made out to the Money Group for £1.00 to cover the administration costs.
You have eight weeks from my original letters of 28/05/11 to investigate my complaint in a just and fair manner and to the guidelines of the FOS/FSA.
You have not done that but instead come back with a reason that in your view the complaint is time barred, which is invalid.
You have a further five weeks to investigate my complaint. If you insist on dealing with this matter in an unfair manner, you will leave me no option other than to forward the complaint to the Financial Ombudsman Service for them to pursue and where you will be charged a £500 fee for their investigation.
I strongly suggest you start treating my just complaint as a valid one and as time has already been wasted you have a further five weeks until I can refer the matter to the FOS.
If you are still not prepared to respond in a fair manner, I must insist on a deadlock letter so that I can pursue the matter with the relevant authorities.

I have received a letter back from the company today which states:

"In accordance with normal company policy regarding the storage of old files, we dispose of files older that 7 years. As such we are not in a position to provide any documents to you and therefore return your two cheques for £1.00. We can say that where our clients had an existing policy with us and wished to take further cover then we gave a pro rata credit for the "unused" element of the older policy.

Despite your interpretation of the legal limitation dates, we believe that the current situation is that a claim in relation to PPI sales must be acted upon in the court process within 6 years of the date of policy inception.

We can confirm that we are unable to accept this as a valid complaint due to the fact that as the policy was purchased over 6 years ago it is now time barred under the Limitation Act 1980.

As we have not accepted the complaint then this is not a 'Final Response' letter as per the FSA definition, but I can confirm that it does constitute our final decision on this matter.

We feel it is appropriate to point out that as the complaint is in relation to an event prior to FSA, regardless of the above issues, in the case of Payment Protection complaints made against The Mortgage Group the Financial Ombudsman will only assert jurisdiction if they feel there is sufficient evidence of a breach of the Mortgage Code.

Given that these events took place some 8 to 10 years ago and the actual files are no longer available, we believe that there is insufficient evidence to allow the Financial Ombudsman Service to take this case under its limited jurisdiction.

Whilst we understand this decision may not satisfy you, we do believe that we are acting in a reasonable manner given the circumstances."

Is this actually classed as a final response or not? I'm totally confused with the mixed message in this. Is it a deadlock letter?

As it happens I do hold all the paperwork for these policies (and have also found the figure for the paltry pro rata credit for the unused element). I also believe that the company DOES still hold all the paper work as they had already written to me stating the policy numbers and dates of acquisition.

Can anyone advise me what to do next? Is it a case of going straight to the FOS/FSA now, or do I have recourse to go back to the company stating that I indeed have all the paperwork and will be forwarding it on to the FSA?

ANY help would be much appreciated!!

[abops]

Re: The Mortgage PPI

Just a quick update.

Having spoken to the FOS, it turns out that the original company I claimed from 'The Mortgage Group' was not regulated at the time of the complaint(s) 2000/2003.

However as the PPI was underwritten by Lloyds of London, the FOS has forwarded the complaint on to them.

Lloyds have acknowledged the complaint and are now looking into it, I'm awaiting their response. I'll let you know how I get on.

p.s. I put in 2 other claims to the Halifax for PPI on a credit card and a personal loan, both dating back to 2000. Both claims have been successful and am waiting for acceptance forms that were sent out last week. :-)

[SpringerSpaniel]

Re: The Mortgage PPI

I would class this as a final / deadlock letter after which the FOS should be willing to investigate.

[filgrah]

Re: The Mortgage PPI

I know this is very old, but I am wondering if abops is still around. If so, any chance you could pop back on a let me know if you had any satisfaction as I am going after the same company, The Mortgage Group.