Countrywide PPI claim time barred?

[kanger]

Hi
I recently made a claim for a mis sold PPI which we have been paying (its still current) since we took it out in March 1998 with Countrywide. The premium is £7.31 a month.

My claim pointed out that under the employment eligibility conditions laid out in the policy we were ineligible to benefit from it. I was a PhD research student and my wife was employed on a fixed term contract. Both of these employment situations are prohibited in the policy. I also pointed out that the policy was presented to us as 'normal procedure'.

I sent a highlighted copy of the policy to Countrywide with my claim.

Yesterday I received their reply, given below

' I refer to your letter and claim dated 8th June 2012, received by us on 11th June 2012, regarding the sale of Payment Protection Insurance (PPI) in 1997.

I note that your complaint relates to the sale of the PPI policy. As it has been more than six years since the event complained of and because the sale of your policy pre-dates Financial Services Authority regulation we believe your complaint is time-barred under the Limitation Act 1980. This allows us to reject your complaint without considering its merits.

Whilst I am sure that you will be dissatisfied with our response, you will not be able to pursue this complaint via the Financial Ombudsman Service as the PPI policy commenced prior to regulation in January 2005 and the crux of your complaint also pre-dates regulation. As such, this complaint does not fall under the jurisdiction of the Financial Ombudsman Service and we did not the Financial Ombudsman Service any voluntary jurisdiction in relation to these policies prior to the date of regulation.

Please note this is our final response to you.'


Could someone please help by pointing me to my next course of action?

[di30]

Re: Countrywide PPI claim time barred?

Hi and welcome

Hopefully someone here will have other suggestions on this one, but you could try by giving it one more go and tell them, you have only became aware of the mis selling of the PPI which you believe you have grounds to make a reclaim complaint.

The only other suggestion would be is to contact the FOS anyway, explain the situation, and they may suggest the underwriter/insurer avenue of the policy.
Who were or may have been then regulated by FSA or GISC, if this is the case the FOS are able to take on the complaint, where they are not able to investigate a complaint if they were not regulated by the above.

The FOS have suggested this avenue (underwriter/insurer) to many in the same situation, although they are more likely to reject the complaint, the FOS will consider taking it on and check the involvement of these with the broker/lender etc - the involvement of the ppi of when it was sold to you, and the responsibilities they may have had too.
http://www.financial-ombudsman.org.u...act/index.html

Also make it clear to the FOS that you've only just realised about the mis selling of the PPI, or otherwise you would have dealt with it earlier.

Hope this helps, please keep us posted and good luck.

[kanger]

Re: Countrywide PPI claim time barred?

Hi Di
Thanks for the welcome and the reply. It is indeed the case that we have only just become aware of the mss selling - is this important?

[di30]

Re: Countrywide PPI claim time barred?

You are very welcome.

It may help, because of not being aware of the time barring, and if you confirm it was the case that you were not to know until now about the mis selling of the PPI, or you would have dealt with it sooner (if you had known, if you get my drift). Although we cannot guarantee it will work, it maybe worth another shot, give them say for example 14 days to get back, if they do not, or if they do not consider your complaint, then as stated in the above post, contact the FOS.

Maybe someone else though will have some other suggestions on your best avenue to take from here.

[CleverClogs]

Re: Countrywide PPI claim time barred?

The only other suggestion would be is to contact the FOS anyway, explain the situation, and they may suggest the underwriter/insurer avenue of the policy.
Who were or may have been then regulated by FSA or GISC, if this is the case the FOS are able to take on the complaint, where they are not able to investigate a complaint if they were not regulated by the above.

Also make it clear to the FOS that you've only just realised about the mis selling of the PPI, or otherwise you would have dealt with it earlier.

It is, in my opinion, utter nonsense to reject a claim on the spurious grounds that the company was 'not regulated' at the time the insurance was taken out. Whether or not the company was regulated at the time, it was still an offence to commit fraud or to obtain pecuniary benefit by misrepresentation.

As for the matter of the Limitation Act 1980, the company seems either deliberately or negligently to have overlooked the provisions of section 32 (link) whereby :

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.

Hence, the claim is not necessarily statute barred as those buggers have averred.

[di30]

Re: Countrywide PPI claim time barred?

It is, in my opinion, utter nonsense to reject a claim on the spurious grounds that the company was 'not regulated' at the time the insurance was taken out. Whether or not the company was regulated at the time, it was still an offence to commit fraud or to obtain pecuniary benefit by misrepresentation.

As for the matter of the Limitation Act 1980, the company seems either deliberately or negligently to have overlooked the provisions of section 32 (link) whereby :


Hence, the claim is not necessarily statute barred as those buggers have averred.

Yes that is try CC.

Do not give in OP, I had the same probs with one of mine just because they were not regulated, ok it taken me some time, but I kept at it, and finally got there.

[kanger]

Re: Countrywide PPI claim time barred?

It is, in my opinion, utter nonsense to reject a claim on the spurious grounds that the company was 'not regulated' at the time the insurance was taken out. Whether or not the company was regulated at the time, it was still an offence to commit fraud or to obtain pecuniary benefit by misrepresentation.

As for the matter of the Limitation Act 1980, the company seems either deliberately or negligently to have overlooked the provisions of section 32 (link) whereby :


Hence, the claim is not necessarily statute barred as those buggers have averred.

CleverClogs, do you think I should point this out to Countrywide or FOS? what do you think is the best way forward?

[di30]

Re: Countrywide PPI claim time barred?

CleverClogs, do you think I should point this out to Countrywide or FOS? what do you think is the best way forward?

Personally yes I would.

[miliitant]

Re: Countrywide PPI claim time barred?

their is no time barred on ppi reclaims

it is when you became aware of the misselling that counts

if the ppi repayments are current then they are talking rollocks anyway

statute of limitations from six years since cause of action, or last time payment was made, not from inception of the ppi policy

[kanger]

Re: Countrywide PPI claim time barred?

OK, thanks everyone thats offered advice - it seems more hopeful to me now.
I know its asking a lot but could anyone suggest a reply to Countrywide - I'm not well versed in legal letters.