PPI CCJ adwarded against HSBC

dajulo

Can anyone help.

I had two PPI policies with hsbc that expired in 2005, i complained to hbsc in 2008 as the lady in the bank had informed me that the policies were not valid for my work status

Both policies were taken out at the same time, as i was out of time to complain to the Ombudsman I asked the FOS to ask the bank to reconsider the bank replied that they would allow the FOS to look into one the other their final decision stood

I applied to the court to have judgement the judgement was awarded by default now HSBC have applied for the judgement to be set aside and a hearing is due shortly

How can their defence be statue barred when they have been in correspodance with me from 2008 until 2011

Hel!!1

[Deleted User]

dajulo wrote: »

I applied to the court to have judgement the judgement was awarded by default now HSBC have applied for the judgement to be set aside and a hearing is due shortly

How can their defence be statue barred when they have been in correspodance with me from 2008 until 2011

Sounds to me like you have a good case. I'm surprised the Bank are appealing the judgement.

Why did you go to court rather than FOS? Surely this is costing you money?

dajulo

I have been talking to the FOS for three years and have e-mails from them as i was out of time to complain to the FOS from the date of HSBC's final letter they refused to let the FOS look into both policies only one ?? which the FOS though was strange.

I did not want to go to court and HSBC did not defend until after the
CCJ had been filed

I am worried about the statue barred and have been looking into the legal jargon for a week!

dajulo

Can anyone advise me to the statuary barred limitation ruling.

HSBC defence is setting aside judgment is:

The policy was taken out in 2000 and expired 2005 - this is statute barred

The limitation period in contract S5 of the Act is six years from the breach of the contract 2000

If Mrs ******* wished to allege that she could rely upon s 14A of the Act, such an argument has no legal or factual basis

S 14 simply provides an extension of the three years from date of knowledge as Mrs *************** first complained in 2008, the fact is that is shorter than the six years from the date of the last payment

There is more!!!!!!

However how can HSBC you this argument when they have been in correspondence with me from 2008 to date, I received the last letter from their Legal Counsel in July 2012 when they stated they would revert to me with they did not and did not file a defense thus the CCJ was entered by default??

[Deleted User]

dajulo wrote: »

Can anyone advise me to the statuary barred limitation ruling.

You might be better off at the CAG forum with that query. We don't discuss much about court action on here...

dajulo

Thankyou, what is the CAG forum?

I am an accountant not up to date with all the threads!

hallowitch

CAG consumer action group


http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2515388

dajulo

Thankyou for your reply

magpiecottage

If you go to FOS then the time limits are different to a court.

They both work on the principle that you have six years from the event giving rise to the claim or, if later, three years from when you became aware (or ought reasonably to have become aware) that you had cause to make a claim.

There is, though, a crucial difference. With FOS, you need to be able to show that whoever you are complaining to received the complaint within the time limit.

With the courts, you need to start the action within the time limit.

Because you complained in 2008, you clearly knew, at that time, you had grounds to claim but did not commence court action until more than three years later. So HSBC is entitled to timebar.

dajulo

Thankyou for your comments

I complained in November 2008 to HSBC as it was then I found out that the policy was not valid

I then wrote back and forth to HSBC it was not until the judicial review in 2011 that I contacted the FOS and as they were barred from HSBC I was advised that I could take court action

In 2009 2010 2011 and 2012 I sent HSBC a letter before court action

In 2012 I commenced court action and received a judgement

Can I use the six year from November 2008 when I was told my HSBC that the policy was not valid and this is surely not the date of breach ?

You advice would be appreciated

magpiecottage

dajulo wrote: »

Can I use the six year from November 2008 when I was told my HSBC that the policy was not valid and this is surely not the date of breach ?

No - that started the three years. The six years began when you took the policy out.

The rules for the courts are quite strict and the fact that you may have spent the three years arguing the toss with FOS are irrelevant.

Although you did not look at CAG's website beforehand, this does illustrate why I am far from comfortable with their enthusiasm for the courts.