PPI Reclaiming discussion Part II

di3004

marshallka wrote: »

This site is driving me mad. I think there is problem again or is it my internet connection (again!!).:mad:

Same here too hun, so its not your internet connection .......its been driving me scatty too - and I feel rather ignorant when everyone are waiting for a reply......

LinF_3

Does anyone know of anyone who has had a successfull claim against Lombard Direct?

di3004

LinF wrote: »

Does anyone know of anyone who has had a successfull claim against Lombard Direct?

Hi hun
I expect there probably has been, have you had the chance to check over at the Success thread?;)
Maybe some on there hun.

Di.
x

di3004

marshallka wrote: »

Yeah but Di, like single says it throws the question now of between jan 2005 and liquidation did they sell any insurance and if they even introduced (i think it was said) then they would have needed to have been authorised and we don't know that. If they were not in 2004 did you ever find them on the fsa register when you first started looking into this??

Not to what I can recall......

LinF_3

di3004 wrote: »

Hi hun
I expect there probably has been, have you had the chance to check over at the Success thread?;)
Maybe some on there hun.

Di.
x

I'v been having a look but cant see anything - just keep my eye out.

tiggrae

LinF wrote: »

Does anyone know of anyone who has had a successfull claim against Lombard Direct?

yes have successfully reclaimed against them - you have to remember they are not a stand alone company but a member of the Royal Bank of Scotland

LinF_3

tiggrae wrote: »

yes have successfully reclaimed against them - you have to remember they are not a stand alone company but a member of the Royal Bank of Scotland

Do you stand a better chance when they are a stand alone company?

marshallka

WHY HAVE A DORMANT COMPANY?

Companies can be dormant for various reasons, often to protect a company name, in readiness for a future project, or to hold an asset or intellectual property. Some flat management companies whose main purpose is to own the head lease or the freehold of a property choose to become dormant by setting up a residents' association to deal with any expenses. A company can remain dormant for as long as necessary - indefinitely if, for example, its purpose it just to prevent the name being used by another company.


Does this bare resemblance to any company you know!!!!!!

tiggrae

marshallka wrote: »

Is this the one you had a final response for in March of this year???

You have only got six months from the time of the final response if you had gone to the FOS although if this was added in 1999 and then they were not under jurisdiction until 2001 then courts would be your only option here i think. ALso they could state your claim is time barred as its over 6 years ago. Perhaps tiggrae could advise about the courts route.

as marshallka says your only route is to take your claim to the County Courts for negligent misrepresentation under the misrepresentation act 1967, but what mbna would probably attempt to do is have your claim struck out as being 'statute barred' meaning it goes beyond the 6 years allowed by the Statute of Limitations Act 1980 for recovery of a debt. You can get around this but it would be at an individual judge's discretion as to whether they would allow the limitations act to be bypassed. If they do that's fine your claim would proceed, if they don't you run the risk of having summary costs awarded against you

tiggrae

LinF wrote: »

Do you stand a better chance when they are a stand alone company?

absolutely not - Royal Bank of Scotland have a good reputation as a bank and tend to deal with people fairer than others - they don't wont this tarnished by these little offshoots which they probably inherited when buying another business ( a bit like barclays inheriting First Plus when they bought Woolwich in 1997(?) - they've been trying to get shut of them ever since. Whenever I make a claim against either lombard I always put Royal Bank of Scotland (trading as Lombard) or First plus - barclay (trading as first plus)

the banks also seem to have more respect for the Financial Ombudsman and the Financial services authority than the smaller, stand alone companies who will fight any decision by the FOS to the n'th degree