PPI reclaim on a loan from 10 years ago

Cherlyw

OK here goes, this is my first forum post ever!

After a couple of sucessful PPI claims on a recent loan and credit card I decided to start a reclaim on an old loan I had with the Halifax. The loan was due to finish in 2006 but was settled early in 2003.

I wrote away to Halifax using the template letter from MSE to request a copy of the agreement and a copy of the t&cs.

I have now received a response from the Halifax who have said that the loan was settled in 2003 and under subsection 77 (3) of the consumer credit act 'no sum is, or will or may become payable by the debtor' and therefore they are under no requirement to send the paperwork.

I have had a read of sections 77 -79 of the consumer credit act and don't fully understand this - does this mean they they are under no obligation to send paperwork of any agreement that has already been settled?

I am just wondering if there is anything else I can do or do i just have to give up now?

iolanthe07

As I understand it, the six year Statute Barred rule (five in Scotland) will apply to banks just as it does to individuals, so they may say that your claim is Statute Barred. Someone may be along later to correct me, though.

KingElvis

Or barking mad?

Cherlyw

Thanks for letting me know, looks like I will just have to give up on this one then

antrobus

iolanthe07 wrote: »

As I understand it, the six year Statute Barred rule (five in Scotland) will apply to banks just as it does to individuals, so they may say that your claim is Statute Barred. Someone may be along later to correct me, though.

No, this has nothing to do with the Limitation Act.

Cherlyw wrote: »

.... does this mean they they are under no obligation to send paperwork of any agreement that has already been settled?

That's exactly it. Under the CCA they are only obliged to send you a copy of the credit agreement if its still active.

Cherlyw wrote: »

.I am just wondering if there is anything else I can do or do i just have to give up now?

You can do a Subject Access Request (SAR) under the Data Protection Act. Costs a tenner (I think) and Halifax are obliged to send you details of everything they have on you.

iolanthe07

OK, but I know that rebates have been refused under the Statute of Limitations Act.