Royal & Sun Alliance today announced the loss of 900 jobs.

It would appear that R&SA need to claw back some cash. They could recoup some money from mis-sold MIGs if you are willing to pay them and not ask questions!

-- (somebody@aol.com), November 07, 2002

Answers

Do you work for R&SA?

-- Geoff Winters (Geoff-winters@supadooper.com), November 07, 2002.

No Geoff,

I do not work for R&SA. I heard it on the news this morning and then looked on the BBC News Internet site. It turns out their chairman has quit as well.

I have an arguement with Halifax regarding a MIG that I was mis-sold and R&SA now state that Halifax are persuing on their behalf. It's a very old MIG.

I wouldn't want to work for companies that operate the way that Halifax and R&SA do - I'm too honest!

-- (somebody@aol.com), November 07, 2002.

They can only claim a MIG for 6 years under the Limitation Act. Unless you have not acknowledged anything by writing back. I would forward a general statement saying their subrogation is now statute barred.

-- Geoff Winters (Geoff-winters@supadooper.com), November 07, 2002.

Geoff

Can you shed some light on your stement about it being definately 6 years for a subrogated debt, i.e. the MIG portion.

There have been many discussions on this and this is what is beleived but there seems to be no case law to support it and the limitations act is very vague.

I truely believe it to be only 6 years.

-- matt (mattyc@ntlworld.com), November 07, 2002.

As your are not part of the contract insurance companies only have six years to claim subrogations. As the claim would be in effect for breach of contract, the limitation period would be six years from the date of breach. I spoke to Prof John Bird at Sheffield University.

It is a simple, and not complex, contract.

-- Geoff Winters (Geoff-winters@supadooper.com), November 08, 2002.

With reference to limitation on subrogation. I am reliably advised that as subrogation is not a contract there can not be a breach and therefore six year limitation does not apply. Please comment. Following the Court of Appeal decision in Bartlett lenders are still applying the wrong date for limitation, unless the borrower admits the debt limitation starts from default date ,two moths after last payment repayment was made . If borrowers have been making repayments on on alleged unsubstantiated debt ask the 'debt collector' to confirm what the payments have been attributed to ie interest or capital and ask for written calculations .

Carol Riley National Association of Mortgage Victims www. NAMV.org.uk

-- Carol Riley (carol.a.riley@Talk21.com), November 08, 2002.

I have also heard from NACAB that insurance companies under the MIG have 12 years, not 6, and that the limit starts as Carol Riley has said above.

Mark.

-- M Amos (idgroms@hotmail.com), November 08, 2002.

Me too.

-- Too scared to say (iwasduped@yahoo.com), November 08, 2002.

CAB do not knwo everything, but where in Law is a MIG (or similar set- up) allow someone to claim for 12 years? A breach in Tort is only 6! Simple contract 6! Subrogation usually is 6 or less

-- Geoff Winters (Geoff-winters@supadooper.com), November 11, 2002.

having been to court,I used all the information kindly given me on this site and use the MIG/6 year rule, however the judge gave me loads of blurb and threw it out saying they had 12 years.

-- amanda B (amandab1@blueyonder.co.uk), November 11, 2002.

What was the case reference Amanda? I would like to know what state in English Law he used

-- Geoff Winters (Geoff-winters@supadooper.com), November 12, 2002.

Geoff,

As I understand it from a CAB solicitor insurers are allowed 12 years because of the Mercantile Amendment Act 1865. The period it runs from being defined by the Bristol & West v Bartlett and conjoined cases, subject to acknowledgements etc., as mentioned previously.

Regards, Mark.

-- M Amos (idgroms@hotmail.com), November 16, 2002.