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#Post#: 84621--------------------------------------------------
Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 7, 2025, 11:07 am
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Hi
Sadly there is no real way to make this more concise - I don't
think. Not without losing some very important info.
So grab a cup of tea and dive in PLEASE! Worst case I'll ask AI
to shorten it...
Ignoring whether they mis-sold me PPI as that is a matter for
them, I have calculated that the redress offered should have
been £5111.53 (based this on the requisite simple interest
calculations and end date of 03/12/2019 ie the best possible
outcome for the bank if they were forced to pay).
In a nutshell, made a PPI Complaint by telephone on 27th August
2019 and Bank responded within 4 workings days (4th September
2019). This was a final letter but did not say what product it
was for. They simply said they had found no PPI agreements in
my name, at my address, postcode or date of birth. In truth,
they cannot have even searched that fast. It gave me 3 months
to send proof or 6 months to go to the Ombudsman. The reference
number was A822xxxx. I do not recall ever receiving this
letter.
Also sent written complaint (template letter) on 28th August
2019 by Special Next Day asking if I had PPI on ANY of the
following:-
Personal Loans
Credit Cards
Overdraft Facilities
Store Cards
Mortgages
Around end of November 2019 perhaps end of December, sent them
all the loan agreements I had but did not give any reference
numbers because at the time I sent them I didn't have a
reference number.
I received some responses by post but had to chase them down in
Feb 2020 for answers. I ended up with 8 reference numbers.
In that February, I made two calls to them chasing up what was
happening. They referenced this under a new reference number
starting A916xxxx. On 1st March 2020, I made a DSAR stating the
original bank account number, the loan values, start dates and
durations. In hindsight, I am not sure why I didn't give them
the actual agreement numbers and proof of PPI as that is what
they were asking for. I think it was because I thought they were
playing me and, as I had already sent in copies of the
originals, I wanted to see if they would acknowledge that the
information now existed. Foolish I know!
They have never made an offer of redress and yesterday I spoke
with an agent there who revealed me the following file notes:-
"10/02/2020 - Customer phoned up for an update and asked if we
had received docs he sent and wanted to confirm number to each
letter and what product each letter referred to. Advice provided
no PPI found on any products we checked. Case ongoing and
customer will hear from us in due course."
"21/02/2020 - "Customer called for clarification on case.
Advised case was ongoing and told would be helpful if he could
provide evidence of PPI paid."
"02/03/2020 - Loans info however he is doing a DSAR. Advice was
send it in and once we receive DSAR we would respond to that."
"03/03/2020 - Reason for call. Update on case. Agent advised
customer case is still ongoing and if any further info is
required the case handlers will write and ask for any paperwork
relating to the PPI. He has requested DSAR as per call
02/03/2020. Concerned that all the loans would not be looked at.
Advised customer that all the loans would be looked at and the
case handlers would be in touch."
16/09/2020 - Letter telling me that A916xxxx was now a duplicate
of A822xxxx despite them leading me up the garden path in
February and March. There was no right on this letter to refer
to Ombudsman and it stated that "This includes account numbers,
the corresponding complaint reference and the date we sent you
our decision letter". No account number was provided as A822xxxx
didn't have an account number attributed to it and went on to
say "Our records show that this complaint has previously been
resolved under reference A822xxxx.". Letter states it contains
ENC: LL, CRR. I have no idea what LL and CRR could be.
I never received that letter dated 16/09/2020 but I was told by
Financial Ombudsman today that the bank does not have to provide
proof of sending. Irrespectively, I received it as part of
another complaint reference they provided to me on 6th May 2021.
Then he revealed the BOMBSHELL contents of an internal message
which was very revealing:-
16/09/2020 - "Internal message. Set to complete when the
complaint was resolved. Documents deleted. So case closed."
He then said, "I don't think I should have read that out!".
It appears that the DSAR of 01/03/2020 was NEVER answered
either. I have only just realised this whilst digging.
Today made another DSAR request requesting a copy of the audio
of the call above. They have 30 days. Non-receipt will
jeopardise me writing a suitably complete factual claim for the
small claims court as I want to include the reference to
Documents deleted. I've limited experience of small claims court
but I would doubt a judge is going to sit and listen to an hour
long audio just to hear those words, "Documents deleted". That
alone probably takes it out of the realm of a County Court.
I understand that judge would determine it on papers but if
hearing is required then additional costs are substantially more
and that I expose myself to a maximum of £250 in opposition fees
in County Court and that the bar for success is slightly higher.
No redress has been offered.
I have drafted a complaint to them. They have 8 weeks to respond
from receipt. Not sent yet.
ISSUES:
1. If claim would be time barred in 4 weeks, I am likely to be
out of time for County Court Claim.
2. They may respond in time but not give me the right to
escalate it to Ombudsman and even if they do I'll be out of time
for a claim perhaps unless I have until 06/05/2027.
3. I doubt they will allow me to escalate the original complaint
to the Ombudsman 6 years on.
4. Success rate with FOS is only 11% over last 6 years for PPI
claims.
ADVICE REQUIRED.
a) When will it be time barred? Is there a definitive answer for
this situation? The bank said there is also a 3 year limit!!!
b) Should I make a specific Plevin complaint and could that be
used as a lever to get this reviewed as I have never a claim
under Section 140A of the CCA 1974?
All comments welcomed good or bad.
I have extenuating circumstances for not dealing with this but I
am not sure they are that exceptional in a judge's eyes but not
limited to cancer scare early 2020, COVID-19, diagnosis of Mum
with cancer and caring for her full time until she died, then 3+
year battle over her estate as brother dragged her to solicitors
to change it 18 days before she died whilst I wasn't there, his
subsequent NMO against me, numerous deaths of close relatives
(uncles and aunties), constant ruminating thoughts about Mum's
solicitor who pillaged her estate for £40k out of £270k and
latterly death of my eldest brother who it appears has starved
to death at only 34kg and I also have more tests for cancer in 3
weeks because I have neglected my health over the last 5-6
years. On treatment at moment to reduce symptoms and then they
will take biopsies.
LIFE IS **** AND I AM NOT IN A GOOD PLACE.
Thank you if you've made it this far. You all have busy lives.
#Post#: 84698--------------------------------------------------
Small Claims Court Claim - Trying to avoid being time barred. Di
fferent approach to avoid complication fears
By: Hroogar Date: August 8, 2025, 4:12 am
---------------------------------------------------------
Hi,
OK. I did a lot of digging yesterday trying to understand all
this.
As there have been no responses to my previous post, I am
thinking of making a claim in the small claims court and asking
for it to be stayed immediately on application for a period of
up to 4 months. This will give bank concerned enough time to
either deal with the latest DSAR, review my complaint and decide
whether or not they wish to make an offer of redress.
I am just trying to encourage them to be swift with the latest
DSAR so I am listen to those immortal words I thought I heard.
"DOCUMENTS DELETED". Of course, it doesn't prove what documents
were deleted but it raises questions.
Section 32 of Limitation Act allows for exceptions and I believe
I would have until August 2028 if the audio does say what I
think it says. Irrespective, a small claims court application
might sharpen their mind.
Does this sound viable and sensible?
#Post#: 84710--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: andy_foster Date: August 8, 2025, 4:48 am
---------------------------------------------------------
[quote author=Hroogar link=topic=7594.msg84621#msg84621
date=1754582866]
Sadly there is no real way to make this more concise - I don't
think. Not without losing some very important info.[/quote]
For most people, reading copious amounts of information is far
quicker and easier than writing it.
[quote]So grab a cup of tea and dive in PLEASE! Worst case I'll
ask AI to shorten it...[/quote]
Very astute - if you want to continue posting and receiving
advice on here, posting a load of AI-generated bollox is one of
the worst things you can do.
#Post#: 84716--------------------------------------------------
Re: Small Claims Court Claim - Trying to avoid being time barred
. Different approach to avoid complication fears
By: Southpaw82 Date: August 8, 2025, 5:21 am
---------------------------------------------------------
Which of your two threads do you want to keep, and which shall
be deleted?
#Post#: 84721--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 8, 2025, 5:30 am
---------------------------------------------------------
[quote author=andy_foster link=topic=7594.msg84710#msg84710
date=1754646533]
[quote author=Hroogar link=topic=7594.msg84621#msg84621
date=1754582866]
Sadly there is no real way to make this more concise - I don't
think. Not without losing some very important info.[/quote]
For most people, reading copious amounts of information is far
quicker and easier than writing it.
[quote]So grab a cup of tea and dive in PLEASE! Worst case I'll
ask AI to shorten it...[/quote]
Very astute - if you want to continue posting and receiving
advice on here, posting a load of AI-generated bollox is one of
the worst things you can do.
[/quote]
Hi Andy.
Thanks for prompt reply.
I need ask AI to shorten it what I had written above and it got
it done to 400 words but I didn't really think it helped.
Wanting to check some facts though which it has come back with.
ie Section 32 of Limitations Act and, to my feeble mind at
least, it could well apply if the audio file does clearly state
that they have deleted documents. Something which doesn't
actually prove what documents they deleted but it would raise
very serious concerns in anyone's eyes (and hopefully a judge
would frown upon it).
Did a shorter post earlier which raises questions as to whether
this claim would even be suitable for smalls claims track but at
least if the time bar was in 4 weeks (and I imagine the judge
will confirm that) then at least it is logged. Another stress
there is that the court have said this will take 13 weeks to
register. I assume that the time bar would run once the
application was filed?
#Post#: 84722--------------------------------------------------
Re: Small Claims Court Claim - Trying to avoid being time barred
. Different approach to avoid complication fears
By: Hroogar Date: August 8, 2025, 5:31 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=7595.msg84716#msg84716
date=1754648507]
Which of your two threads do you want to keep, and which shall
be deleted?
[/quote]
Could you possibly merge please. Southpaw?
#Post#: 84724--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: DrSatan Date: August 8, 2025, 5:35 am
---------------------------------------------------------
[quote author=Hroogar link=topic=7594.msg84621#msg84621
date=1754582866]
In truth, they cannot have even searched that fast.
[/quote]
I hate to break it to you, but if they have their records on
computers then they absolutely could have.
Also don't get your hopes up on the documents deleted angle. If
the message saying the documents were deleted was in 2020 then I
struggle to see how you progress this.
If you have your own copies of the deleted documents then you
present them to the court and argue your case on that basis so
the bank's alleged deletion doesn't matter.
If you don't have them then the question of what documents were
deleted will almost certainly be answered with 'we don't know,
they've been gone for nearly 5 years'. Which puts you back at
square one. Inviting a judge to draw an inference that the
deletion proves your case is a strategy best described as brave.
#Post#: 84731--------------------------------------------------
Re: Small Claims Court Claim - Trying to avoid being time barred
. Different approach to avoid complication fears
By: Hroogar Date: August 8, 2025, 5:57 am
---------------------------------------------------------
Sorry I was on phone.
So if unable to merge, please let me know and/or I will be
guided by you.
#Post#: 84734--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 8, 2025, 6:01 am
---------------------------------------------------------
[quote author=DrSatan link=topic=7594.msg84724#msg84724
date=1754649325]
[quote author=Hroogar link=topic=7594.msg84621#msg84621
date=1754582866]
In truth, they cannot have even searched that fast.
[/quote]
I hate to break it to you, but if they have their records on
computers then they absolutely could have.
Also don't get your hopes up on the documents deleted angle. If
the message saying the documents were deleted was in 2020 then I
struggle to see how you progress this.
If you have your own copies of the deleted documents then you
present them to the court and argue your case on that basis so
the bank's alleged deletion doesn't matter.
If you don't have them then the question of what documents were
deleted will almost certainly be answered with 'we don't know,
they've been gone for nearly 5 years'. Which puts you back at
square one. Inviting a judge to draw an inference that the
deletion proves your case is a strategy best described as brave.
[/quote]
The loan agreements were dated 1988, 1989 and two in 1990. I was
reliably informed that that info would be on microfiche.
I do have own copies. Even I am not stupid enough to have sent
the originals. The only question is only they know what docs
they deleted and assuming I heard correctly BUT you don't
mishear the word DELETED and especially as the agent then said,
"I don't think I should have read that".
I agree with you. There is no telling what a judge may do.
Unless you actually mean "stupid" not brave.
Thanks for your input so far. I need challenging but I also
need best advice so it is helpful to me.
The bank will also have to decide if "they feel lucky", will
they not? It's added pressure.
I'd rather not raise a claim BUT given at this point that I am
unable to determine what the time bar date is then I have no
option. The deleted documents portion becomes irrelevant, does
it not, if I get it lodged by 27/08/2025?
Can you think of a way to deal with this that is less
inflammatory given the time pressure? I'd be open to all
suggestions.
#Post#: 84742--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: andy_foster Date: August 8, 2025, 6:25 am
---------------------------------------------------------
From a quick skim, your starting point seems to be lets not
worry about whether or not you have a valid claim, followed by
what appears to be an attempt at a procedural flaw argument, and
a discussion of whether or not it would be in their best
interests to settle regardless of whether or not you have a
winnable claim.
In order to be more concise, you have also omitted either the
word "I" or the words "I was" from the sentence starting "Also
sent", leaving it to the reader to try to determine which from
context.
And the title mentions something about being out of time.
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