PPI Reclaiming discussion Part II

dazzer26

thanks for all the replies will have to wait and see what happens with the fos all the best to everyone.
daz

di3004

dazzer26 wrote: »

thanks for all the replies will have to wait and see what happens with the fos all the best to everyone.
daz

Good luck Dazzer, at least you know you have a lead to follow if the FOS do not look at this through FP.;)

Tiggrae is amazing and a brilliant help, I;) wouldn't know half if it wasnt for her.;)

Di.
xx

dazzer26

just been doing a bit of digging around and found FP were regulated by the FLA and belonged to the FLA consumer code of practice in 2004 hope this helps the cause a bit for me and anybody else fighting FP.

daz

very_silly_and_scared

tiggrae wrote: »

Hi the issue regarding the length of time is to do with whether Barclays came under the jurisdiction of the Financial Ombudsman before or after you took out your loan - they were registered on 01.12.2001 so if your loan pre-dates this the FOS cannot look at it. You do have the recourse to start proceedings within the County Court - however, I suspect if you do Barclays will attempt to have the claim struck out under the Limitations Act 1980- which states you cannot claim for a 'debt' which is over 6 years old - however, you can claim exemption under Section 34 of this Act, but it really will depend upon the Judge on the day as to whether he accepts this arguement.

Hmmm, my loan does pre-date that, which they were obviously aware of when they referred me to the ombudsman in the first place! Is it wiser to just give this up as a lost cause in your experience?


Thank you very much for letting me know about this

very_silly_and_scared

Hi again,

I just read about the Court procedure and Court costs etc. I really would like some wisdom/insight into what's the best course of action at this point. Would it be wise to write back to the bank acknowledging I know that the FOS can't look into it but that I plan to take it to court and metion the law and the exemption, or is that simply giving up my plan when it's best to not say anything and just file.

Really would appreciate more insight into this one!!

di3004

very_silly_and_scared wrote: »

Hi again,

I just read about the Court procedure and Court costs etc. I really would like some wisdom/insight into what's the best course of action at this point. Would it be wise to write back to the bank acknowledging I know that the FOS can't look into it but that I plan to take it to court and metion the law and the exemption, or is that simply giving up my plan when it's best to not say anything and just file.

Really would appreciate more insight into this one!!

Hi there hun.
Its up to you, hopefully Tiggrae will get back at some point and advise you from here, because there may be other ways around it before taking court action, you could let the bank know that either way it goes you will be taking further action if it means involving the FOS or not, that may get them thinking.;)

Di.
xxx

di3004

dazzer26 wrote: »

just been doing a bit of digging around and found FP were regulated by the FLA and belonged to the FLA consumer code of practice in 2004 hope this helps the cause a bit for me and anybody else fighting FP.

daz

Dazzer, if the FOS are unable to help they may possibly write back and let you know you can take the case to the FLA. If these were under the FLA then they should not turn you away.;)
With me the FOS did write back with the address details for the FLA but unfortunatly the firm was not belonging to the FLA.......:rolleyes: , but yours sounds more promising.;)
Hey well done, you know what your looking for then.;) , Go and get em hun......:D

Di.
xx

very_silly_and_scared

Thanks di3004. I really don't want to give up on this yet but am not sure where to get advice- other than here of course!!!

tiggrae

dazzer26 wrote: »

just been doing a bit of digging around and found FP were regulated by the FLA and belonged to the FLA consumer code of practice in 2004 hope this helps the cause a bit for me and anybody else fighting FP.

daz

unfortunately the FLA was a voluntary code of practice which has no legal standing, I've seen the FLA advise a company to pay out on a reclaim only for that company to stick two fingers up at them and refuse to pay.

tiggrae

very_silly_and_scared wrote: »

Thanks di3004. I really don't want to give up on this yet but am not sure where to get advice- other than here of course!!!

I really can't advise either way, people on here have lost out through the Limitations Act - it really depends upon how resolute you are - basically all you can lose is the court costs (if you are on income support I think you get it free) - taking legal action is not as scarey as most people think, and you'll always get help on here !!