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#Post#: 84746--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 8, 2025, 6:40 am
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[quote author=andy_foster link=topic=7594.msg84742#msg84742
date=1754652323]
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.
[/quote]
Hi Andy
Thanks so much for merging. Am I able to alter the title?
I love being verbose and I would have preferred the title to be
something like "When will I be time barred for the Small Claims
Action iro PPI?" but whenever I've been verbose I'd usually get
picked up on it on pepipoo...
I have a valid claim in terms of I was mis-sold PPI and I was
simply trying to make the post more attractive to respond to
rather than offloading everything?
I'll happily answer any and all questions anyone wants to ask.
You've perhaps misinterpreted (in your last sentence of first
paragraph) what I've said. Or perhaps you haven't! Let me
re-read what I have written. Do I make amendments to the
original or will that cause additional confusion. People who
have read it are unlikely to re-read it again surely.
Your input is appreciated.
EDIT: I am unable to modify it anyway. There is no modify button
on it. Perhaps the merge caused that to disappear.
[quote author=andy_foster link=topic=7594.msg84742#msg84742
date=1754652323]
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.
[/quote]
That should read "I also sent".
#Post#: 84747--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 8, 2025, 6:47 am
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Should I just redact and post my letter to them which I may send
as a letter before action for scrutiny? Would that be quicker?
#Post#: 84758--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 8, 2025, 7:27 am
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Potential letter before action in an attempt to get this
resolved once and for all.
I really don't want to refer to it as a letter before auction
but it seems my hands are tied and I am in a corner potentially
on time barring.
Or does the mention of that weaken my position? I've no idea
when I will receive the audio file.
#Post#: 85270--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 12, 2025, 4:00 am
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I had an 'encouraging' call with the bank later on Friday
afternoon and the agent said that he "used to deal with PPI
claims" and given what I have told him about another complaint
letter they sent, giving another reference number, he said "It's
not up to me but if I was still working in the PPI Complaints
team I would likely open another case seeing as we failed to
find any PPI originally". He then intimated that he would offer
redress even now. He mentioned that they have to act fairly.
I think, given the fact that I could be time barred in as early
as 15 days time, that I have to protect my position and issue
some sort of Letter before Claim by the end of today.
The June 2020 letter I found which was only dated June 2020 and
did not have the day of the month on it could well give me the
right to raise this with the Ombudsman. The Ombudsman has said
that their decisions are not technically binding though.
I had hoped that someone was in the position to give their view
on the letter I prepared on Friday.
I really do not trust this bank but feel, because I fear the
worst case scenario of the time bar being 27th August next, that
my current actions are one of panic and constantly badgering
them on the phone could perhaps wrongly be construed as
vexatious? I would rather give them sufficient time to reply to
my latest complaint and give me the evidence I seek from them
under the DSAR for the "documents deleted" telephone call.
Their agent on Friday even tried to say that the June 2020
letter was not a complaint and the reference was noted on their
system as a "REQUEST" from me. The letter uses the word
"complaint" FOUR times and never mentions request.
I just feel they are trying to continue to pull the wool over my
eyes. The agent did say he couldn't see the letter on their
system and that he thinks it was also linked back to the
September 2020 letter (which allegedly linked back to the
September 2019 final response). However, the reference number
for the June 2020 does not appear in the Sept 2020 letter as
being linked to the original complaint despite it saying clearly
that "The table below shows a summary of all the complaints we
have for you about the mis-sale of PPI".
Clearly it does not show the June 2020 letter which also has no
right to refer to FOS and the agent also believed that NO final
letter was ever issued on the June 2020 letter.
I really could do with some advice on this please - desperately.
#Post#: 87006--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 24, 2025, 10:28 am
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This may well be time barred on Wednesday of this week so I
would REALLY appreciate some advice.
I sent them a 14 day letter on 12th August. Original complaint
raised on 27th August 2019 and they gave their final response on
4th September to that complaint.
Also, I am not sure exactly how much to put on the claim form.
The premiums paid were £1382.32 and with simple interest at 15%
up to 01/04/1993 and 8% simple thereafter. This amounts to
£5111.53 on all of the 4 loans totted up.
Do I actually claim the higher figure or claim the lower figure
and rely on the court to add the interest from the date it would
have accrued please?
I think the 15% thing was something that the PPI complaints
procedure allowed and perhaps not something a court would
consider?
I had a response also this week on the DSAR I made to the bank
in that they sent me the audio where they admitted to deleting
documents BUT they only sent the first 8 minutes I am assuming
so as not to incriminate themselves. I spoke the ICO and they
said providing you discussed only YOUR data (which I did) then
they should be releasing the whole conversation. I have again
asked the bank to send me the full audio. Of course, I will
either not receive this at all and I may well not receive it
before Wednesday.
I spoke with the court also and they said the date of receipt
will be the time that it is stamped in. I tried calling
Northampton on Friday and asked for a call back rather than hold
on and then my bloody phone died so I missed their call.
Does anyone know if I can physically take a small claims court
claim to Northampton Business Centre which is why they need to
be posted to.
I am really panicking about this potential date of time bar.
Can anyone please advice on that PLEASE?
To reiterate complaint made on 27/08/2019, final response given
on 04/09/2019 (this is ignoring all the other complex stuff that
went off that I believe may well give me an extension either
through the bank's misleading practices or the audio recording
where the agent admits to the bank having deleted documents back
in September 2020 which I only found out about on 06/08/2025 -
is this sufficient to be treated as a mistake or concealment
under S32 of Limitations Act).
#Post#: 87010--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Southpaw82 Date: August 24, 2025, 10:39 am
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The reason you’re not getting any advice is because you’re
splurging a lot of information, only some of which might be
relevant - and equally, some relevant stuff might be missing.
You’ve identified the limitation period - it runs from the date
the cause of action accrued. There are exceptions, such as
fraud, concealment or mistake - but I for one can’t be bothered
wading through what you’ve posted to search for clues.
#Post#: 87036--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 24, 2025, 3:07 pm
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Fair enough. Thanks for replying.
It’s a complex case hence why I have posted so much.
Can you offer a suggestion as to what information is needed and
how I can improve my post and get people engaged please? I am
having tests for cancer this Friday so things right now are not
looking too bright.
When you say I have identified the date for accrual is that
27/08 or 04/09? (As before, this concealment for now cannot be
proved by me unless they send that recording and even then they
might not admit what documents they have actually deleted).
Can I ask a judge to subpoena the agent that said the documents
had been deleted? Obviously that is further down the line if
the bank don’t play ball).
My other concern is that the bank have asked me if I have bank
statements presumably to make me prove I’ve paid all the loans
back.
It feels right now that I am onto a loser.
#Post#: 87039--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Southpaw82 Date: August 24, 2025, 3:39 pm
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Limitation is a positive defence, i.e. the defendant has to
advance it. You can still win a claim past limitation if the
defendant doesn’t plead the defence - so in that respect, what
have you got to lose (in a small claims matter)?
The important date is when the cause of action arose. That’s the
date time started to run.
#Post#: 87066--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 24, 2025, 10:14 pm
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Thank you
Wish I had checked for a response before end as I’ve been lying
awake worrying about this and other things.
I would love to give them longer to consider their position ie
anytime up to Sept next year on basis of relying on the last
complaint for which I did not seem to have a response. I am not
surprised people won’t sift through it because it is complex and
the bank sought to complicate it and deny me the right to
redress. Although in fairness my extenuating circumstances
should not be their problem.
If I could I would rather not throw caution to the wind and
leave it later than this week as I have no guarantee that they
will produce that file.
Is a bank (the defendant) really not going to plead a defence?
I understand that and assume that is what is meant by advancing
it.
Why wouldn’t they? Because £5000 is small fry to them and they
don’t losing it? It’s a bank and they are greedy.
#Post#: 87075--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Southpaw82 Date: August 25, 2025, 4:03 am
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They would be stupid not to plead it, so they probably will. The
real point is that there’s nothing inherently wrong in making a
claim that might be time barred.
In terms of concealment it boils down to when you had sufficient
knowledge to know you had a claim - or ought to have known. I’m
not really sure what relevance the date of any complaint has,
other than perhaps demonstrating that by then you had sufficient
information to know you probably had a claim.
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