Thread: can i claim back PPI on sold off debts

Originally Posted by dph1976

hi newbe here

i have just like alot of people had a realy bad year financialy
presently we are on tax credits though we are confident that this will only be for a short while
i have several credit cards all of them are either sold off to DCAs or will be shortly
except MBNA who have offered me a setlement figure to clear the debt
of £1900 against £7500

i had PPI on all of my cards
i have been self employed most of my working life so i could not have claimed
my question is this
if the debt has been sold to a DCA
can i still claim my PPI back yes
who would i claim from the origanol card supplier or the DCA from the original creditor unless the debt has been absolutely assigned to the DCA (they now own the whole debt)
and for the mbna card how would that work if they wright off a large portion of the debt would depend how much you had paid them in PPI in relating to the settlement offered

also is there a quicker way to find out how much PPI i have paid to a paticular card other than sifting through years of paperwork? not really - if you sent them a SAR you would still need to go through all the statements as presumably the PPI charged would relate to the balance at the time

i am gratful for any guidance

thanks

Dave

Have you considered sending them a CCA request? It may be that they cannot enforce the debt at all, and if most of what is owed is PPI, charges and interest on them then you might find you owe them nothing. Would be easier than calculating lots of PPI

A CCA request asks them for a copy of your original consumer credit agreement. Most creditors can't find old ones and without them they cannot enforce the debt in court. Even if they do find them they have to contain certain terms and most do not.

You need to have a look around the site to see what other people have experienced. I know there is a lot of information on here but there is a lot to learn.

The CCA request is here - letter N:

http://www.consumeractiongroup.co.uk...templates.html

You need to send them £1 - and do not use your own signature on the letter or cheque. If you send a postal order use recorded delivery. They have 12 days to comply with your request then a further 30 after which they have defaulted on your request. Then you have an unenforceable agreement and the ball has landed fairly and squarely in your court

The way to get that information if you haven't got the statements is to send them a SAR. That will give you all the information they hold but in some cases it may only go back six years. It will cost you £10 per creditor. It is unlikely they will give you a Breakdown of the PPI, although it might be worth asking the question.

Originally Posted by Goldlady

Have you considered sending them a CCA request? It may be that they cannot enforce the debt at all, and if most of what is owed is PPI, charges and interest on them then you might find you owe them nothing. Would be easier than calculating lots of PPI

If the debt contains missold PPI, and it is sold to a DCA (debt collection Agency) by absolute assignment, then please confirm - this means that you can still put the Debt amount into Dispute - over missold PPI ?

i.e. the DCA cannot 'duck' the dispute and say it's not our problem refer to the person who sold ppi to you ?

Logically it does suggest the DCA inherit the responsibility of dealing with any PPI Dispute you raise as s189(1) of the Consumer Credit Act 1974 states :-

quote :-

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed byassignment or operation of law, and in relation to a prospective consumer creditagreement, includes the prospective creditor;


CAN ANYONE CONFIRM THIS REGARDING PPI ...?

If the DCA is the absolute assignee then they have taken on all the responsibilities of the original creditor and yes your claim for a refund against them should be valid. However many of them will be acting as debt collectors only and as soon as there is a hint of them having to pay something out the debt will be referred back to the original creditor faster than a speeding bullet