I recently obtained a set aside on another matter dated from the same period, so I know its technicaaly possible due to my mental stuff. I did write to the loan comapany , and they denied there was any liability on them in regard to their relationship with the broker.... I have proof of the refunds made from the insurer to the broker, it was several thousand pounds.More than enough to pay the loan, and give me some back too. i have the court paperwork...cant afford a solictor. Limitations act says that time dosent run until you know about the error, so its a thin defense.. Do you have any thought upon the "mystery £4k, "that shows refunded by the insurers, but the loan company havent chased me for ? Thanks, feel better just for sharing this

Hi, I have recurring menatl health problems, and during an earlier episode, was co-erced into starting a haulage business, which enatiled obatining insurance for the lorries.The Broker obatined insurance and a loan for the balance of the insurance, i paid 25% of the annual premium as a deposit. Jan 2003 - I had to cancel within 2 months...then had a breakdown. Loan company took me to court for a sum ...didnt know why, and was unable to defend myself.They got a CCJ, and a charging order on my home, I was bereaved and had no one to help me. I recovered in about a year, to find the Broker dissapeared, so no redress there -I thought there was nothing I could do. Am in recovery for another breakdown, but this time got good treatment and can think straight , so have been writing to all concerned to try and understand what happened. Broker was sold to Swinton, but they didnt buy their liabilites. Insurers HIghway - sent me proof of refunds issued to the broker (before the swithc to swinton) Loan company say that the Brokers didnt issue the refund money to them , thats why they got the CCJ for £2.6K on me. this is now £4.5k with interest. Bit by bit over the last 2 years i have obtained info' to clarify what went on, and i see that a loan of £4K, was sent to the insurer on my account,( in addition to those i signed up to) but I never signed any agreement for it...interestingly the loan co. havent chased me for that. I have established that the agreements were created in a way that gave the company a financial benefit, but am out of time to challenge so here is my question. Can i use this new information in any way to leverage with the loan co to write of my debt. ..I have provided them with a statement of means, I doubt anyone will employ me after the latest breakdown (3 years) and i am 58, so pleanty of younger purchasing proffessionals out there! i know its statute barred, but as they continue to answer my letters, i feel there may be room to negotiate...but I have no lump sum to offer a lower sum to finish it off. I know I may have a chance of applying for a set aside due to my mental health issues,has any one here been succesful in this after so long? I dont know if i could cope with a court room, though, i have tried to get a litigants freind, but failed there. My partner works, but he dosent earn much so we wont be able to get legal aid. yes its convoluted, and taken me many years to understand what happened.. Any ideas would be welcomed!!! Suzannah

Thankyou very much for your time!

Due to the convoluted problem, and the fact i had got no where with nissan themselves having written a number of complaint letters, over the past ten years, I didnt know who to approach so i contacted all parties, Nisaan Finance(now RCI Finance), Cardiff Pinnacle, who underwrote the insurance, Nissans Solicitors, MAB. Cardiff Pinnacle, in their final decision letter, say they acted correctly, and have sent me a cheque for £50.00 for inconvenience! RCI, have offered a refund of £159.00 for the premiums paid. In the claims section of my policy with Nissan(RCI) it states," the company may at any time during the period of a claim , require proof reasonable satisfactory to the company, of the continued validity of the claim.Such proof, shall include but not be limited to a certificate from the person insured past emploer, (which i provided), and proof that that the person remains unemployed," I provided my P45 to satisfy this. There is no mention of the need to sign, so i argued that this was an unfair term, they havent answered this point , only saying they acted correctly. RCI, were contacted as, I thought if they agreed it was mis sold, then , I may have claim against them, for the mess i eventually got into...I now see this was probably incorrect. Kind Regards

Hello, Thankyou for your reply, It was redundancy insurance, I provided the severance letter from my company, as my proof. Regards Burnsbird

Thankyou Scott, I am new to the CAG today, and couldnt figure out how to post in the appropriate place!

Hi, I got into trouble paying for my car, as i was made redundant following the unexpected death of my husband, I put in a claim, and due to my poor menatl health assumed they would just pay the premiums, given the finace was fron Nissan, as was the car..didnt know i was in trouble for some months then letters arrived i was scared and didnt know what to do.Car got repossessed,even though I had paid more than half, and on the day of collection, some trees were being felled by my house and the car was damaged. It took me two years to get the insurance to make any payments, they said they didnt pay out earlier because I didnt "sign on" after i got made redundant. They have now offered me my premiums back, as they agreed they missold the insurance to me...I hold them responsible for the ensuing court case which put a charge on my house, ( I was too ill to make any defence)and the debt is about £4k with interest, as the sale of the car realised little, to offset the outstanding payments.. Do i have a case? If I accept the £150.00 they are offering would this prejudice, any further action? I would appreciate any guidance here, as i am in financial diifculties, due to metal health issues arising from my husbands death, and now need to sell my house, so they will get all that money off me . Regards