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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1743
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I sold a payment protection policy on my credit card incase

Customer Question

i sold a payment protection policy on my credit card incase i was made redundant which was declined when i tried to claim
JA: Can you tell me where this is? And has this been documented in any way?
Customer: they paid me out for a ppi claim on the same card which was far short of the amount i had at the time on my card I CONTACTED ombudsman who told me to write the company which i did with no reply
JA: What steps have you taken so far?
Customer: ive wrote to them with no reply
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes the company has put a ccj which has stopped me from adding my name to the mortage saying i owe £4300
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
I would prefer contact in writing as i have a stutter which has got worse ever since
Customer: replied 16 days ago.
i have documents which i will up load when i get home
Customer: replied 15 days ago.
A policy taken out which key benefits where Accident & Sickness, Unemployment, Care Cover, Life Cover, Hospitalisation sold by MBNA was refused on the basis a claim cannot be made within 60 days ?
I contacted the MBNA advising them that i was unable to commit to payments as did not qualify for any social benifits and could only sign on for stamp credits
Even though i explained the above they still continued to apply chargers. IT WAS NOT until the Citizens Advice contacted them on the PHONE on my behalf as i have a STUTTER did they charges stop and a payment plan of £1 was AGREED which i have continued to pay to this DAY
I had to vacate the property as i could not afford to stay and was in arrears
I found out by a credit score check Mbna then past this to a debt company Who had put a ccj on my name for £4320
I contacted them and agreed to pay £10 a wk which i have doneI made a PPi claim which i was paid £182.77 for the same card ending 8449
I CONTACTED THE OMBUDSMAN who told me to contact MBNA which i did without reply regarding the payout givenDue to COVID My Wife wants to add me to the mortgage and we have found it impossible due to the ccj
This matter has caused me harm in many ways as I've asked for help on many occasions without joyI have not got any reply to the payout given which should have covered the balance and also had no reply requesting back the money that has been paid to MBNA acc ending 8449 since 2010To date i have PAID £2367 to PRA GROUPI have offered to up my payments by £50 a wk but I am worried that the debt company will visit my home as hinted during a conversation
As an outcome of that conversation we put a 7 day hold on your EX AOL UK LTD account reference 01VE560 which will stop any contact from us.
Expert:  Virtual-mod replied 15 days ago.

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Customer: replied 15 days ago.
please try
Expert:  Ed Turner replied 14 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 14 days ago.

Unfortunately, the UK Financial Ombudsman’s deadline to present a refund for mis-sold PPI expired on 29 August 2019 and therefore you are too late to make a claim under the PPI Compensation Scheme.

If you issue civil court proceedings against the lender for breach of contract and breach of the consumer lending legislation, these are likely to be defended on the basis that they are statute barred under the Limitation Act 1980 which prescribes a six-year pri***** *****mitation period for a claimant to issue court proceedings against a defendant for breach of contract.   In latent damages cases where the effects of the breach are not discovered until a long time after the breach was committed and close to or after the expiry of the six year pri***** *****mitation period, Court Proceedings must be issued within three years of the breach being discovered or when it reasonably ought to have been discovered.

Section 33 of the Limitation Act does allow a claim to proceed out of time at the Court’s discretion if it is just in all the circumstances.  Factors that the Court will consider in allowing a claim to proceed will be whether the Claimant has a good reason for delaying in bringing the Claim and whether the Defendant has been prejudiced in its chance of defending the Claim i.e. witnesses are still traceable, and documents are still available.

However, I am doubtful as to whether a Court would allow your claim to proceed under the Latent Damages limitation period or for the limitation period to be extended under Section 33 of the Limitation Act as PPI claims have been in the news regularly for over a decade and therefore practically every consumer borrower in the country has known about their possible entitlement to a PII refund for many years.

However, if your lender was a respectable bank or building society that is still solvent and trading (such as HSBC, Barclays, Lloyds TSB or Santander) and you are still a customer with them, they MAY refund you your PII as a matter of preserving good customer relations.   Nevertheless, this will be more than what you are legally entitled to and it would be a very good result if your lender refunds you even a fraction of the original value of the PPI policy on an “ex gratia” basis.

Expert:  Ed Turner replied 14 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards