Limitation Act 1980 section 32.

tommy44

Hi

I have been looking around for anyway forward for loans taken pre 2005, and found this:-

Limitation Act 1980 section 32.
Postponement of limitation period in case of fraud, concealment or mistake.

Apparently this has been used against a bank and the case won.

Is there anybody out there know what this means and could explain it please.

Cheers

di3004

tommy44 wrote: »

Hi

I have been looking around for anyway forward for loans taken pre 2005, and found this:-

Limitation Act 1980 section 32.
Postponement of limitation period in case of fraud, concealment or mistake.

Apparently this has been used against a bank and the case won.

Is there anybody out there know what this means and could explain it please.

Cheers

Hi Tommy

You've been busy researching then bless you lol.:A

I don't know much about how these work but will take a look into this, thank you and I'm sure others will post up to give their opinions on this for you, again thank you.;)

Di
X

di3004

Some old cases on here, although not read through this yet, but some are older complaints that the FOS have dealt with, but like I said not sure if this is about mis selling of PPI, or just other complaints related to insurance, will have to have a read through.

http://www.fos.org.uk/publications/ombudsman-news/4/loanpayment-case-studies.htm

di3004

A little information here in regards of pre 2005 loans etc:

If you bought your policy before January 2005

The Financial Ombudsman Service is able to deal with complaints about sales that happened before 14 January 2005 as long as the policy was sold by a high street bank or the firm was a member of the General Insurance Standards Council (GISC).
If the firm you dealt with wasn't a major bank or a GISC member, but was a member of the Finance & Leasing Association (FLA), then the FLA may have to deal with your complaint, rather than the Financial Ombudsman Service.
The firm you have complained to must tell you which body your complaint can be referred to in their rejection letter.

This was on this link here:
http://www.which.co.uk/advice/ppi-how-to-claim-if-youve-been-mis-sold/if-your-ppi-complaint-is-rejected/index.jsp

tommy44

Hi Di

Thanks for links. I have read though that the FLA don't always help either, so looking at other avenues if everything else fails, and I still have hope spurred on by some of the success stories on here.

Just came across this and thought that because they concealed to inform me that the policy finished after 5 years, that perhaps this Limitation Act covered this in legal terms.

Hoping someone on here with Legal qualifications would be able to explain what it means in lay mans terms, as I have tried to read the act myself but none the wiser It's probably nothing to do with this kind of thing, but it was mentioned with success on another board.

You are very helpful on here and glad to be able to bounce of yours and others experience. Very much appreciated.

marshallka

My understanding is section 32 can be used if your complaint is over 6 years old and it is only just recently that you actually knew you had a complaint (ie the media surrounding PPI misselling). How they look at it in courts (and also fos can use this if the firm were members of the GISC or a bank etc) is that if you only just became aware and the policy was sold over 6 years ago then you can still make a claim with the courts and use this section or within 3 years if you should have reasonably became aware which is what the banks often throw in your pathway but still people throw things back and say they had no idea until now.

Are you thinking of taking this to the courts? There is another bit of legalisation that you may use and that is the misrepresentation act 1967.

di3004

tommy44 wrote: »

Hi Di

Thanks for links. I have read though that the FLA don't always help either, so looking at other avenues if everything else fails, and I still have hope spurred on by some of the success stories on here.

Just came across this and thought that because they concealed to inform me that the policy finished after 5 years, that perhaps this Limitation Act covered this in legal terms.

Hoping someone on here with Legal qualifications would be able to explain what it means in lay mans terms, as I have tried to read the act myself but none the wiser It's probably nothing to do with this kind of thing, but it was mentioned with success on another board.

You are very helpful on here and glad to be able to bounce of yours and others experience. Very much appreciated.

Hi Tommy

Your very welcome.;)

Yes your right when it comes to the FLA, even though the FOS suggest if to move on to them if they are unable to investigate, its not always the case.

I wish you luck with BH and the FOS. XX

tommy44

Hello

Well in my case, I only recently found out when trying to cancel my policy. Got mad, and did some research and found this site. So I don't know if that would count. I feel strongly that they withheld the proper advice and information which would have given me an informed choice. However, my loan was not taken over 6yrs ago, but 5.

I think, that if I get no joy, I am going to either go to a specialist, I have found one, that don't charge any upfront fees, No win No fee, and they also say that I am to keep on paying the monthly payment, as there are no guarantees. This advice seem better than that I got from B......... Finance who wanted £150.00 upfront, and told me that they would freeze payments. What if I had lost? I would have had to have pay the loan a large amount of outstanding payments. No, me thinks, too dodgy.

I don't know if this other firm of solicitors are too good to be true. Am I allowed to post their name so that you can check it out yourselves?

Also somebody from this site has also very kindly offered to help me with no cost involved, who is apparently helping other users in their fight too. I would say his name but don't know if he would want me to.

Either way, I am going to fight it all the way.

Thanks for the explanation marshallka.

Have a good evening all.

kpwll

I hope this may help.

The Limitation Act 1980 states:
(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.