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#Post#: 87079--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 25, 2025, 4:35 am
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[quote author=Southpaw82 link=topic=7594.msg87075#msg87075
date=1756112581]
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.
[/quote]
Although this could get expensive, I feel I do not want to let
them get away with it. I think I need to get a claim in now and
if that falls by the wayside at least I will learn where a judge
is coming from, what standard of proof they require and go from
there. I may then well try another claim on the basis of what I
learn and based on the latter date of concealment (06/08/2028)
providing I receive the audio file from earlier this month where
they admitted to deleting documents.
I was going to ask the judge to stay the application to give the
bank sufficient time to search and come back with an offer but
perhaps that is stupid. Why shouldn't they be put under
pressure? My thoughts are that if they are given another 6 weeks
to investigate my latest complaint then if they reject that I
simply take it to the Ombudsman. Not sure if I have mentioned
this before but the Ombudsman has now given me a case number for
the 04/09/2019 rejection letter as they wish to triage my case
given the extenuating circumstances I have put forward and then
possibly open a case. One issue here that the Ombudsman will not
take a case on if there is an active court claim. Also the
Ombudsman only upheld about 11% of all PPI cases in the last 6
years and with the time bar upon me I feel I have no choice but
to make a claim. I shall plead with the Ombudsman to look at
the case whilst the claim is stayed and see if they make an
exception. Having looked into it, I doubt a judge will stay a
claim for a year whilst the Ombudsman looks into it. They will
probably say I am chancing it.
When did I have sufficient knowledge? I thought I had sufficient
knowledge in August 2019 when the PPI deadline approached but I
certainly didn't have sufficient evidence as I had not even
found copies of the loan agreements at the time I made the
claim. And if I need statements to prove I paid the loans off
in full then I currently don't have sufficient evidence now!
The main problems as I see it (and they have hinted at this) is
that they will say that they don't have copies of bank
statements from 37 years ago or that they cannot now know
whether the loans were paid in full. To head that off, I am
going to make a DSAR for a copy of the last statement on each
loan ie the final month that I had paid and which represents the
final instalment payment of each loan. If I ask for all copies
of statements from 1988 - 1992 or whenever then they are highly
unlikely to want to trawl through a lot of microfiche records
and will probably reject the DSAR as too labour intensive
especially as I have also recently sent a DSAR in. They could
simply reject a second DSAR anyway according to ICO.
I am a hoarder so the likelihood is that I still do have the
bank statements although finding them is a different matter. I
am trying to get on top of clearing as I am nearing the end of
my life (and perhaps sooner than I had anticipated - the
question is how long do I have.) I have made the bank fully
aware of my circumstances including the tests for cancer (which
I have put off for 3 years because of other issues in my life ie
the will challenge which you may recall) so they will either
kick their heals hoping I will die before it gets to court or
they will do the right thing (unlikely).
I did have a root around for the bank statements 6 years ago and
couldn't find them. I wonder if my partner in the late 90's
threw them away thinking she was doing the right thing and
tidying up.
#Post#: 87120--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 25, 2025, 9:52 am
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[member=4]Southpaw82[/member]
Have you any specific advice in what I should be claiming from
the bank, redress wise please?
Fees for £1300 are only £80 but fees for over £5k are £455!
So whilst I’ve got nothing to lose I don’t understand whether I
should be trying to get the interest on the PPI premiums back as
part of the claim or allow the judge to decide
#Post#: 87122--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 25, 2025, 9:57 am
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[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]
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.
[/quote]
Having given this further thought, I would assert that they have
deleted the copies of the loan agreements that I sent in. They
may well have found other evidence that would have bolstered my
case such as the bank statements that they have implied in a
conversation they would need to see.
I’m not 100% sure I have copies of them from 38 years ago but
may well have as I throw nothing out.
#Post#: 87124--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: andy_foster Date: August 25, 2025, 10:14 am
---------------------------------------------------------
SP has mentioned that the signal to noise ratio of your posts
would tend to disincline anyone who has both the knowledge and
understanding from getting involved. In response, you appear to
have made a lot of further noise, effectively just bumping the
thread by restating the question(s) without addressing the
inclination issue, other than by vague ramblings regarding areas
that you feel others should be developing for you.
#Post#: 87128--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: August 25, 2025, 10:26 am
---------------------------------------------------------
[quote author=andy_foster link=topic=7594.msg87124#msg87124
date=1756134875]
SP has mentioned that the signal to noise ratio of your posts
would tend to disincline anyone who has both the knowledge and
understanding from getting involved. In response, you appear to
have made a lot of further noise, effectively just bumping the
thread by restating the question(s) without addressing the
inclination issue, other than by vague ramblings regarding areas
that you feel others should be developing for you.
[/quote]
What do you mean by "without addressing the inclination" issue?
How do I resolve that?
If we delete the whole thread and start again, what do I need to
say?
I feel that the thread as narrowed now to more specific stuff
like "what amount do I claim".
#Post#: 91185--------------------------------------------------
Kerfball from bank's solicitor
By: Hroogar Date: September 23, 2025, 2:39 pm
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Received email to say I have no legal basis under Section 140 of
the CCA 1974 to bring a claim against the bank for PPI redress
as this was amended by CCA 2006 Para 14 Schedule 3 Transitional
Provisions.
I've read them and do not understand them. My loans ended in
1993 and CCA 2006 points to credit agreements in place after
08/04/2008 according to their solicitor. They have asked me to
discontinue the claim within 2 weeks. Not sure what happens if I
don't.
My understanding of S140 CCA 1974 is that the judge has wide
ranging powers to make an order regarding an unfair
relationship.
They have also asked for an extension of 28 days saying it would
be mutually beneficial. From what I can make out, it would only
be beneficial to them to give them more time to file a defence.
I don't want to unreasonably withhold agreement to extend as I
understand costs could be transferred to me? Is this correct
generally?
Feel like I am up the Creek.
#Post#: 91186--------------------------------------------------
Re: Time barred limit for PPI Small Claims Court Action?
By: Hroogar Date: September 23, 2025, 2:45 pm
---------------------------------------------------------
[quote author=Southpaw82 link=topic=7594.msg87075#msg87075
date=1756112581]
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.
[/quote]
Just done simpler separate post on this matter. They have until
tomorrow to defend. Is that not the same as pleading?
EDIT. Please see immediate post above as post has now been
merged. Thank you.
Andy Foster. Thanks for merging.
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