pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

[sarah nicholson]

Last week I contacted the car sales company who sold me finance and what I was told a statuary requirements for finance, a ppi policy. I remember explicitly asking whether I can take out a separate policy as I felt the amount they were asking for to be over priced.

I got a prompt reply stating that they only keep records for 7 years and therefore are unable to consider my. Application. I replied that it should not matter as I had kept all the original documentation. The following day I get an email from their solicitors
SEE BELOW ...............can anyone verify this?

We further note that you state this transaction pre-dates the current regulatory regime which came into force on the 14th January 2005, and it accordingly falls outside the jurisdiction of the Financial Ombudsman Service. We further consider that any other claim would be time barred under the Limitations Act 1980.

In the circumstance, our client does not believe that it has any further liability in this matter.

[EXC]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

Call the FOS consumer helpline and ask http://www.financial-ombudsman.org.u...act/index.html

[sarah nicholson]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

Thanks for your advive.

I took your advice and contacted the Financial Ombudsman helpline. They were very helpful and said that they were acting for clients who took mortgages out over 20 years ago and therefore if PPI was mis sold it didn't matter how many years ago it happened especially if I have original documentation.

So I am encouraged that I may have a valid claim. Have been advised to contact blackhors and waiting the stat 6 weeks before filling out the FO complaints form. Will let you know how I get on.

Thanks again

[sarah nicholson]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

Hi

Just wanted to let you know the response I got from solicitors acting on this companies behalg. I am sorry to have cut/pasted the. Dialogue biut just. Thought you may to tell by his words and tone whether he was just trying to mislead me. Also as he is asking to see the documentation I wondered if I should send original or if I can just send copies. I cannot really afford to pay out the £8 or so recorded/registered delivery on original documents.

I emailed them as follows.....

Thank you for your email.
I took your advice and contacted the Financial Ombudsman helpline. They were very helpful and said that they were acting for clients who took mortgages out over 20 years ago and therefore if PPI was mis sold it didn't matter how many years ago it happened especially if I have original documentation.

To which his response was
*
There is clearly some confusion, as in our view the Financial Ombudsman simply does not have jurisdiction to consider this type of claim.
Nevertheless if you wish to send us the documentation to which you refer we will review the matte

Yours sincerely

Thank you for your prompt response. I can assure you that the advice given I have relayed accurately.

This has encouraged me to pursue the matter. Especially after spending many hours reviewing outcomes on other pre 2005 ppi claims, in particular those whereby the policy was taken out in 1998 and 1999.

To which address would you like me to send the documentation? I will send this tomorrow and look forward to your response.

[EXC]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

When was the policy sold?

It's possible that the solicitor isn't simply referring to how long ago the policy was sold but if the car dealer was, for example, a member of GISC at the time.

Prior to January 2005 (when FSA took over regulation of insurance) the regulatory codes for the sale of insurance were to some degree optional and may not have covered the car dealer.

http://www.financial-ombudsman.org.u...s-codes.html#x

[sarah nicholson]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

The policy was sold in nov 1998

So where does this leave me? Do I try to claim from blackhorse finance who acquired Chartered Trust?

Thanks for your time

[L'pool64]

Re: pre 2005. PPI claim. received email quoting. time barred inder Limitations Act

Hi Sarah,

you out appear to be getting the run around, like many people trying to sort out PPI at the minute.

Do you know who your MP is?

Here is my suggestion, a bit forward but sure what have you got to lose? Find out when your MP has his/her next surgery. You can find that out by looking up their website. Go and see them and get them to write a letter for you/ on your behalf to the solicitor with a copy to Black Horse. See how that goes. You can still go to the Ombudsman if it is not successful, but it is worth exhausting every avenue before going to the Ombudsman. The copy to Black Horse should go to the CEO. Don,t know their name but it should be on the website or you could give Black Horse a buzz to get the name and e mail address.

make sure you are firm with your MP, tell them that many many people have been successful with pre 2005 claims ( as per the Ombudsman). Remember we, the taxpayers, pay our MPs.

remember also that firms sold PPI, not just as a goodwill gesture to their customers (although it was of great benefit to some people), but because they made monies from the sale. I'm sure that your MP can work that fact into the letter!!!!!!!!

hope this helps, good luck with everything,

:beagle: