PPI Reclaiming discussion Part II

marshallka

Anne.Jade wrote: »

Hi Marshallka

I think that as it gets closer to the statute of limitation time, you should start the court proceedings anyway and this should then protect your position should the FOS say they can't deal with it. You can always stop the proceedings if you get a favourable response from the FOS. Not sure how you go about it at the mo but I can always ask someone at work (I work for a solicitors) and let you know.

x

Tiggrae has told me i should be ok with my compaint now as its against Barclays trading as Firstplus so should come under jurisdiction for definate. I will not settle thought until i actually know. I did get past all stages last time and actually got assigned an adjudicator but i put on the form about settlement of the loan and not the PPI and it was my wording that made it a banking complaint. I have just looked now at my papers from the Ombudsman and it look like this time they have classed it as a PPI complaint so am a little more confident. I have rang them and they have said that its most likey something they can deal with this time. I just want people to be careful and the only thing that stopped them last time was the fact that with it being a banking complaint and not a PPi complaint then FIrstplus did not come under their jurisdiction until Jan 2005 for banking. I have now resubmitted against Barclays who are a bank and came under compulsory jurisdiction and also made it plain its a PPI settlement complaint.

Thanks for looking out for me. The complaint date was 2003 as this was my settlement date so ok as yet for the limitations.

Anne.Jade

marshallka wrote: »

Tiggrae has told me i should be ok with my compaint now as its against Barclays trading as Firstplus so should come under jurisdiction for definate. I will not settle thought until i actually know. I did get past all stages last time and actually got assigned an adjudicator but i put on the form about settlement of the loan and not the PPI and it was my wording that made it a banking complaint. I have just looked now at my papers from the Ombudsman and it look like this time they have classed it as a PPI complaint so am a little more confident. I have rang them and they have said that its most likey something they can deal with this time. I just want people to be careful and the only thing that stopped them last time was the fact that with it being a banking complaint and not a PPi complaint then FIrstplus did not come under their jurisdiction until Jan 2005 for banking. I have now resubmitted against Barclays who are a bank and came under compulsory jurisdiction and also made it plain its a PPI settlement complaint.

Thanks for looking out for me.

Yeah I have read all your posts, pretty au fait with what you have gone through. I'm sure you'll get it all sorted. If you need any legal help, gis a shout, although I think I know more about PPI reclaiming then them bods at work (only from reading on here), but they're good at looking up the law!

You and Di are doing a great job. Martin Lewis (bow to the guru) needs to rename this thread the Marshallka and Di show!!!

marshallka

Anne.Jade wrote: »

Yeah I have read all your posts, pretty au fait with what you have gone through. I'm sure you'll get it all sorted. If you need any legal help, gis a shout, although I think I know more about PPI reclaiming then them bods at work (only from reading on here), but they're good at looking up the law!

You and Di are doing a great job. Martin Lewis (bow to the guru) needs to rename this thread the Marshallka and Di show!!!

Pay us both would be better:j

di3004

marshallka wrote: »

Pay us both would be better:j

Aww, there's a lovely comment given from our Anne Jade, thanks hunni...:beer: , oh yes Marshallka that would be cool lol......:D , you do most of the hard work though hunni, and the last few days I have had my dizzy head on me with all these claims.......of just my own:rolleyes: .
I have a job to keep up with you.;)

di3004

Anne.Jade wrote: »

Yeah I have read all your posts, pretty au fait with what you have gone through. I'm sure you'll get it all sorted. If you need any legal help, gis a shout, although I think I know more about PPI reclaiming then them bods at work (only from reading on here), but they're good at looking up the law!

You and Di are doing a great job. Martin Lewis (bow to the guru) needs to rename this thread the Marshallka and Di show!!!

Thank you for your lovely comment hunni, your a star as well hun.;)

I loved your poem, you certainly have a talent hunni.:beer: .

Di.
xxx

nothingwitty

Hello all

As some of you may be already aware I am in legal proceedings against HBOS for PPI automatically added to four loans. I 'won' by defualt judgment as HBOS did not enter a defence. I went for enforcement but HBOS applied for the judgement to be set aside. I am due to meet them in court on 29th October. In preparation for court, I sent off an SAR in July - received by HBOS on 30th July. They never replied. I also sent a copy to the litigation manager at HBOS and phoned them to check it had been received. They said I would get a call back to confirm but typical for HBOS it never came. I sent a seven day reminder almost two weeks ago but still no reply. My letters were all sent registered post. They are now potentially impacting on my ability to present my case in court. I have reported them to the ICO. But can I also write to the court to make them aware? I feel HBOS are acting in a disgusting manner and it would seem are actually breaking the law to ruin my case!!! I am sooooo looking forward to my day in court with them...

If I apply for a court order to get the required info it probably would not be granted until after my court date at the end of October. So I need to know whether I can make the court manager or judge aware NOW that HBOS are not observing their statutory obligations - if you think that is the right thing to do...

Any advice kindly received.

marshallka

Anne.Jade wrote: »

Hi Marshallka

I think that as it gets closer to the statute of limitation time, you should start the court proceedings anyway and this should then protect your position should the FOS say they can't deal with it. You can always stop the proceedings if you get a favourable response from the FOS. Not sure how you go about it at the mo but I can always ask someone at work (I work for a solicitors) and let you know.

x

Here a question for you to ask at work Anne.Jade.

Its about the limitations and money secured on property. If you have a mortgage and default on the payments etc then you can be chased for that debt for up to 12 years after.

If you have a ppi that is secured to a property then surely the limitations act should apply the same in that you can chase the money for up to twelve years after too.

I asked Tiggrae that one too and she did not know..

nothingwitty

nothingwitty wrote: »

Hello all

As some of you may be already aware I am in legal proceedings against HBOS for PPI automatically added to four loans. I 'won' by defualt judgment as HBOS did not enter a defence. I went for enforcement but HBOS applied for the judgement to be set aside. I am due to meet them in court on 29th October. In preparation for court, I sent off an SAR in July - received by HBOS on 30th July. They never replied. I also sent a copy to the litigation manager at HBOS and phoned them to check it had been received. They said I would get a call back to confirm but typical for HBOS it never came. I sent a seven day reminder almost two weeks ago but still no reply. My letters were all sent registered post. They are now potentially impacting on my ability to present my case in court. I have reported them to the ICO. But can I also write to the court to make them aware? I feel HBOS are acting in a disgusting manner and it would seem are actually breaking the law to ruin my case!!! I am sooooo looking forward to my day in court with them...

If I apply for a court order to get the required info it probably would not be granted until after my court date at the end of October. So I need to know whether I can make the court manager or judge aware NOW that HBOS are not observing their statutory obligations - if you think that is the right thing to do...

Any advice kindly received.

Marshallka, Tiggrae and di3004 - would particularly appreciate your valuable viewpoints... xx

marshallka

nothingwitty wrote: »

Marshallka, Tiggrae and di3004 - would particularly appreciate your valuable viewpoints... xx

I really feel you on this. I would write to the court and state that they are withholding evidence that is relevant to your case. I don't know how you stand legally but to me it is just that "withholding information".

Perhaps Tiggrae will be on later and let you know as she has knowledge on the courts and what you can and cannot do.

What have the ICO done. I would also try to get a reply from them on this matter and try to get them to help before your case is presented. Its not going to look good on them though as this in effect is another strike for them.

nothingwitty

marshallka wrote: »

I really feel you on this. I would write to the court and state that they are withholding evidence that is relevant to your case. I don't know how you stand legally but to me it is just that "withholding information".

Perhaps Tiggrae will be on later and let you know as she has knowledge on the courts and what you can and cannot do.

What have the ICO done. I would also try to get a reply from them on this matter and try to get them to help before your case is presented. Its not going to look good on them though as this in effect is another strike for them.

Thanks as always. Sent letter off to ICO on Friday. Since I started my reclaim action against HBOS over a year ago, they have done everything they can to stall my claim - ignoring letters, phone calls, not entering a defence, ignoring the default judgement until the last minute and now not honouring my SAR request or reminder. I want to give the legal equivilant of a kick in the nether regions!! To be honest, I am being quite impatient but want to gain any possible advantage I can in preparation for court - so if I can make the judge or court manager aware that they are not observing their legal obligations (even if only by a few days) I will!!

Fight fire with fire, as they say.....