On behalf of a friend

[di30]

Right, I am writing this on behalf of a friend who may register and come along at some point, when she has some time on her hands, but she have been having a little bit of hassle in regards of Solicitors called Heenans, but they could not longer deal with this case due to the Scottish law and so on and the guy who arranged this then passed it on to another solicitor but again she is being let down.

I will post as I go along but if anyone has any suggestions, we will be happy to hear them.

I did suggest contacting the FOS for advice as they may advise on taking another direction, but they will not be able to take this on as the business were not regulated.
I have suggested to call the FOS who may advise going the insurer/underwriter avenue, but would like to post up as I go along if that is okay, thank you. k

Please watch this space, cheers..............

[di30]

Re: On behalf of a friend

My mate had posted up this below to me to give an overall picture of what is what with this ppi reclaim........

Here is a summary of the timings of this saga.

Dec 2003 Took out loan with Endeavour

Mar 2007 Paid off loan early.

Approx Sep 2007 - wrote to EPF about mis-selling of PPI. Wrote back 01.10.07 basically saying it should be Central Capital.

18.04.08 - wrote to Central Capital about mis-selling.
22.04.08 - response back saying no.
28.04.08- followed up to Central Capital saying letter was not satisfactory.
02.05.08 - Final response from them and they consider matter closed.

Jun 2008 - wrote to FOS
July 2008 - response back from FOS advising Central Capital not covered by them in 2003, but try Finance & Leasing Association.

Nov 2008 - finally got a response from FLA, advising they could not deal with matter under the Lending Code 2006 as it is not a matter that can be taken forward by their member HFC Bank Limited. They suggested trying, FISA, CAB and Trading Standards, all of which I did without much success.

March 2009 - found you, my angel!! You put me in touch with MR, who subsequently put me onto Heenans solicitors.

29 jun 2009 - first correspondence from heenans

3 Dec 2009 - letter back from heenans saying they could not carry on with case cos of scottish/english law, but if i want to pursue case, i would have to do it before 18 dec 2009 as that is when i took the loan out.

11 Dec - re-sent all my docs to MR by email. Sent more documentation to MR B, Reward Litigation on 21 may 2010.

12 nov 2010 - Central Capital advised Guy that my complaint is outwith the 6 year time limit.

Its actually over 3 years since i started the ball rolling.

[di30]

Re: On behalf of a friend

I am having some scanning issues at present so will write the copy of the letter that my mate received from Central Capital - Reward Litigation Solicitors in Birmingham.


Dear Sirs


Your client - EPF Loan Account XXXXXXXX

We write in response to your letter 25 August 2010.

We note your client seeks to pursue legal action for alleged breach of statutory and tortious duties for damages for the alleged mis sale of a PPI policy and for alleged breach of fiduciary duty in relation to commission following the case of Hurstanger v Wilson.

Your client made a complaint in relation to the sale of the PPI in April 2008. The complaint was rejected following our investigation of it. We enclose a copy of our letter to your client of 22 April 2008 for your information.

As regards your client's claim in relation to the commission, you do not provide any grounds or basis on which to suport the existence of a fiduciary relationship. Your client did not pay a broker fee. As such, we had no fiduciary duties to your client nor any duty to disclose any commission paid. In any event, the fact that commission would be paid was disclosed by the way of provision to your client of the FISA Borrowers Guide.

Notwithstanding these comments, the fact is that your client's claims are statute barred and we have a complete defence on that basis. The sale of the PPI taken with your client's secured loan completed in December 2003. The alleged misrepresentations, contractual, common law and fiduciary duties are all subject to six years limitation period. If, which we deny, we are in breach of the alleged duties, time would have begun to run from the date of the matters complained of, being December 2002, which is more than 6 years ago.

Accordingly, the claims your client purports ro pursue are statute barred. Should your client nevertheless issue proceedings, we will defend on that basis the right to produce a copy of this letter to the court on the question of costs.

Yours faithfully
Complaints Handler
Central-trust.

[di30]

Re: On behalf of a friend

Niddy or anyone please.

Any suggestions on this one?

Cheers.