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Supreme Court dismisses commercial lender s appeal over PPI claim
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Canada Square Operations Ltd v Potter,
(1) the Court of Appeal explored the meaning of deliberate concealment and held that there need not be active steps of concealment for the start of a limitation period to be delayed under Section 32(1)(b) of the Limitation Act 1980
.
Facts
In July 2006 Ms Potter entered into a loan agreement with Canada Square for £16,953. Canada Square suggested that Potter buy a payment protection insurance policy to ensure repayment of the loan in the event that she could no longer make the payments herself. Canada Square acted as an intermediary in arranging the policy on Potter s behalf. The payment protection premium lent was £3,824 and, given that this sum was added to the loan, interest was charged on this amount at the same rate as for the rest of the loan. Potter completed all payments due and the loan agreement ended in March 2010.
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Lender Can t Escape PPI Suit After Hiding Commission
Law360, London (March 12, 2021, 4:32 PM GMT) An appeals court has ruled that a customer didn t wait too long to sue a Citigroup unit over its marketing of payment protection insurance because the bank hid the fact that it would receive a huge commission from the sale for years.
Judge Vivien Rose, writing for the unanimous three-judge panel at the Court of Appeal on Thursday, rejected claims from Canada Square Operations Ltd. that a customer had run out of time to contest PPI payments on a policy provided by a unit of AXA and sold alongside a fixed-sum loan in 2006.