Paragon Mortgages they are saying its statute barred what do i do next

[bs0lth]

Hi, I thought I had opened a new thread but I can see it so starting another one..

 

I had a paragon mortgage, I took it out in October 2000. I had the mortgage until 6 yrs ago. I was going through some old documents looking for something and I realised that I had been paying PPI on the mortgage. So I phoned them up and asked them if this was the case, the person I talked to went onto my account on his computer and said yes you did have PPI you need to write to us, he then gave me the address and told me to write to their PPI complaints department.

 

So I did that on the3rd of July.

 

today I got a letter from them saying that

 

Thank you for your letter dated 3rd July regarding the alleged mis-selling of PPI appertaining to the above account.

 

I would add that the policy was taken out in excess of six years ago. As such, any allegation relating to the mis-selling of the poiicy would be statute barred under the Limitation Act 1980 whether such claim were brought in contract or as an allegation of negligent mis-statement.

 

I trust this clarifies the position.

 

I know they still have all of my information, the guy on the phone went back through it while i was talking to him.

 

Is there anything I can do, I though that anything to do with a mortgage was not statue barred for 12 years?

[dx100uk]

1.mortgage a 12yr statute barring.

 

2. PPI reclaims are NOT governed by the statte of limitations anyway.

 

tell them to read the FOS website FAQ's

 

GO GET 'EM!!

 

 

dx

[bs0lth]

ah so the whole letter is just a ... we are going to see if you will go away letter... ok.. need to think now what to do..

 

thanks ...

[bs0lth]

Oh I do love Paragon, thought I would phone to find out more information, so just been given the customer services email address as they say its quicker than writing in..

 

now i need to know how to actually word and email to them

 

happy happy joy joy

[havinastella]

As DX has stated, have a quick look at the FOS website and find the paragraph you require. Just copy it onto your email explaining you will not be going away!

 

Jogs

[bs0lth]

Hi Havinastella, and DX thanks, I was actually looking on the FOS website, but came back to see if there were any more replies..

[bs0lth]

Ok can somebody help me, I have spent the last couple of hours trying to find exactly what I need to say to Paragon to tell them that the statute of limitations does not apply in PPi cases..

 

am I wrong here?

[bs0lth]

Am I missing something here, I have read so much on PPI now but most of it is credit cards, nothing to do with mortgages...

[Bang!]

Nice try from Paragon! PPI was mis-sold on mortgages too.

 

Remember you need to have been mis sold this to claim, with the type of reasons being - it would not cover you, it was implied it was a prerequisite to being accepted, it was ticked by default, it was added without your knowledge etc. Just having it does not mean its mis-sold, especially if you claimed on it.

 

Here is a link on the FOS site mentioning it applies to mortgages...

 

http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

 

what is payment protection

insurance?

 

Payment protection insurance (sometimes

called “loan protection” or “PPI”) covers

your loan or debt repayments in the event of

certain problems – for example, if you are

unable to work because of illness, or if you

are made redundant.

 

How these insurance policies actually work,

and the range of benefits they offer, can vary

significantly from policy to policy.

 

Payment protection policies are usually sold

as part of the deal when consumers take out

a loan, mortgage or credit card. But it’s also

possible to buy a “stand alone” PPI policy

 

 

So it does cover mortgages, but you might find it more reassuring to call the FOS to hear it from them. Their numbers are 0300 123 6222 or 0800 121 6222 (Monday to Friday – 8am to 6pm, Saturday – 9am to 1pm).

[bs0lth]

Hi,

 

I didnt want it and tried to cancel it

 

I had not realised I was paying it until a couple of years into the mortgage.

 

changed mortgage in 2006

 

ok I will go back and have another look at it all

[dx100uk]

statue of limitations act sec 32 c

 

when you became aware

 

dx

[bs0lth]

DX

 

does that mean its from the 2nd when I finally became aware that I could actually claim mis-selling?

 

It only dawned on me when I was looking for other information

[dx100uk]

2nd?

 

dx

[bs0lth]

2nd of July, is when I found the paper work and at that time though that it was 12 yrs for mortgage related stuff to become statue barred, so thought that time was running out and sent off the letter that day

[dx100uk]

ok undertand so even if its is was 6yrs

it runs from 2nd july!!

 

dx

[bs0lth]

DX

 

Thanks for your help yesterday and today

 

I sent an email directly to Paragon and the lady thats dealing with it.

 

Of course I sent on cc to me as well for my records.

 

I had a reply from her this afternoon saying that she has taken onboard my complaint and will look into the matter again, and will be in touch with me within 14 days from today.

 

now if I hadn't come on here and asked about the 6 or 12 year thing I would have just accepted it as was and thought that I was too late to do anything about it.

 

i will keep you posted on whats going on

 

thanks again

 

L

[dx100uk]

ok

 

dx

[bs0lth]

Ha I now have more questions,

I have just received a message from Paragon, stating that they have looked at my account and states:

 

I understand you claim that you did not require PPI cover on your mortgage and were not aware that this was included within your monthly payments.

However, having conducted a comprehensive review of your account in light of your complaint,

I confirm that our records clearly reflect your conversation with this office on 19 October 1999

during which you confirmed that you wish to take out PPI cover in respect of your mortgage.

Given the circumstances, I am therefore unsure on what basis your complaint is founded.

I would also respectfully mention that the sale of general insurance (including payment protection) was not regulated by the Financial Services Authority (FSA) until 14 January 2005.

As your policy was taken out in 1999 it therefore falls within a non-regulated environment

which unfortunately means that the concept of an advised sale did not exist but rather you were offered products on an information only basis

and ultimately the decision as to whether or not to take advantage of the products on offer was yours alone.

As such, I therefore unable to comply with your request for a refund of premiums plus interest.

 

 

I seriously can not remember the conversation they said I had,

and also they say nothing of me trying to cancel said PPI once I found out about it..

they say sorry nope cant have a refund,

is there anything else I can do now or is that it

Im stuffed?

[dx100uk]

then you need to SAR them.

 

lets see IF they really do have PROOF YOU requested it

and it was not a commission grabbing exercise for the rep that sold it too you.

 

dx

[bs0lth]

DX

 

My details have been passed over to the lady I was dealing with's supervisor..

 

He has kindly sent me a screen grab of his screen that shows the information he is working with..

 

I have a couple of concerns,

 

first they refer to me as Mrs, not Miss, ok its a typo but it says that I did want ppi..

 

now I know for a fact that I didnt want ppi, could this be a typo,

and it was in 1999 which means that nobody will want it,

but the dates seem all wrong to me,

 

the 19th was just days before I completed on the sale,

we moved and completed on the 23rd of October,

and it saying I talked to them about ppi on the 19th of october which is a bit late in my eyes to be requesting it..

 

also I was in hospital on the run up to this date,

 

I talked to my solicitor and I remember that but not the mortgage company as everything had been in place for quite some time by this point.

 

The bloke now dealing with the case says that they only have what was entered on their screen as they did not record calls then..

 

its all a bit strange to tell you the truth..