Well this is what's happening now. Advice again now needed as they being awkward!

I returned my letter stating I wanted all PPI money paying to me direct as the debt had been sold twice

and I that they returned my SAR saying no info on me when they clearly have as they have quoted to me exactly what I paid to them

before they sold the debt on and assigned it to something portfolio for which I have copies off all letters proving this.

Phoned them just now as still had no response to my letter.

They said not had anything from me so put me through to the guys phone who I addressed my letter to to speak

to someone who said this guy wasn't there.

He said they won't pay me the amount assigned to marlin as I have not paid that element to them.

I told them I am still paying the debt and whether or not the PPI was added upfront onto the loan they have had the money from selling to marlin.

He says he can only pay me what I have paid to him and they can't offset to marlin.

Told him their letter to me said they were offsetting to marlin!

He said to send him a copy of the letter by email as I told him they broke the terms of my SAR request too by claiming to have no info on me when they have.

He said that was a different department.

Told him doesn't matter what department it's the Bank I requested info and if one department can find my info then the other should be able to also.

He was going to send me a letter today showing all the legal reasons what can't pay me full amount of PPI direct

said would it not be better to see my last correspondence before responding as he doesn't have the full info?

He said to send by email copy of letter but I feel they are going to try to wriggle out of this one.

What are my legal standings on this one?

On a good note...

. I found all my old loan contracts this weekend and there are more than 3 with PPI loaded upfront on them

all paying off the previous loan with PPI on!

I was so pleased to have found them so further claims going in anyway!

this is the issue with using the phone

they say what they like.

you SHOULD be getting all the PPI back - end off

p'haps time to phone the FOS?

as for the old loans

if they were ALL refinances - then its ONE claim

as they are all linked.

dx

Well they have now responded in writing saying just what they said on the phone. If I want to complain further then they say to send to Financial Ombudsmen.

They still say proportion to me for what I paid them and then a reduction at Marlin for what they took of the debt. No mention of the debt been sold twice and no explanation as to why they told me they had no info in reply to my SAR.

What are my options with facts that I can substantiate as to why they can't reduce the amount of debt they sent to Marlins. They still aren't saying the debt has been sold despite me having the letters saying debt assigned.

I don't know enough or understand the legal side of this as to whether its worth perusing as there letter to me says they will not address me in any further communications as they have exhausted all their investigations.

When they obtain the judgement it was for the whole amount including the PPI. the fact that they sold it on at a cheaper price is of no consequence to you as they chose that option. Therefore they are liable for the full PPI amount plus interest refund. About time someone caught out a bank. The PPI refund would consist of all three PPIs so you should be quids in and the bank left with the shortfall! I am loving this one!

Me too as I am in a very very similar situation but with another bank.

But also Marlin is where my CCJ is. The portfolio company the OP is talking about is Marlin. It hasnt been sold twice just once but is another desk/department in Marlins office.

Marlin specialise in CCJ debt and they will know about it. They search before they buy these debts. What they will not have done is register it in their name. Costs money. They work on the ignorance of the consumer.

All this PPI miss-sale and CCJ debt is starting to look like it needs looking into.

I keep being told that a CCJ is it and you cant get it set aside as it too old. Nearly 4 years now. But if the judgement debt is made up of lots of PPI then its wrong the bank/DCA can hide behind this. Dont ask why it wasnt defended. Hindsight is a wonderful thing. Sometimes you believe banks courts and the establishment wouldnt lie to you.

The courts if this is the case are starting to show themselves up and should be very open to these CCJ's being overturned. If they dont then they are just acting as a debt collection tool on behalf of the banks/DCA's

Judges should be asking if there is ANY PPI on an account before judgement is entered now as these CCJ's are surely flawed.

Most of the remaining debt will be PPI debt that Marlin have! I have the letters saying debt has been assigned to portfolio then another letter saying debt assigned to Marlin under name of MCE or something like that.

I am so confused as to what to do. I don't have any expertise in the matter of who owns what and who can offset what where etc. the bank now say wont deal with any further correspondence on the matter and next step is FOS to complain. A big part of me want to just agree what they have offered and be done with it.

Not sure where to go now with this. Will ring the FOS on Monday and see where I stand.

Anyone else have any ideas and some Firm grounds that I can push this on?

If I am correct in thinking your letter will have said MFS Portfolio ltd.

It then says it has been assigned to Marlin.

Both are one and the same entity.

Your debt is with Marlin.

Think its just a way to confuse which it has done.

I have the same letter.

If it was assigned absolute then as everyone has said then the bank cannot offset so the PPI should be yours.

All of it.

If the bank deems that they should be telling the DCA then they have breached DPA as this is sensitive personal data.

I would write to the bank say no offset and no telling Marlin otherwise you will be reporting them to the ICO

The CCJ and defaults are further down the line.

First get your PPI back

I have spoken to FOS and they have said they can reduce the amount to Marlin even though the debt has been sold on twice. He even asked a colleague to confirm this so nothing else I can do now so signed the offer and returned it

Thanks to you all for your help and advice very much appreciated.

Sorry for resurrecting my old post

just going through all that happened previously as I am still paying this to Marlins or whoever they are as they have changed their name again in last 12 months.

I have been paying this for years and still have a fair bit to pay off.

I have wondered is it too late to send a CCA?

If they can't provide my signed contract then can I legally just stop paying?

the CCJ dropped off my file years ago

but I have kept on paying to the DCA who purchased the debt from YB when the CCJ dropped off my file.

What can I do legally to stop paying or do I just have to carry on?

You were advised to stop paying years ago

Did you get that PPI back?

DX.

I know DX but I daren't just stop paying.

Too honest and I know you say I'm cash cowed but yes I did have the money from the loan

so yes owe it to whoever has the debt

so don't just want to stop without a valid reason.

I got the PPI money back quite a bit too so I wasn't paying it off this!

I hope the PPI reclaim was correct as this was several refinanced loans?

did you do a spread?

dx

pers I'd stop paying

the very WORST that can happen is you get taken to court

and you restart the payments

simple idea is to put the money aside whilst you do this.

sorry but I really cant see why is the years you have been here and been told this you've not done this...

it cant harm you

once you've done this

we'll know what to do by the threat-o-grams you get.

dx

I had a detailed breakdown for each loan account number and 8% compensation for each account.

Have just found some more loan contracts not included in the payout that have sent off new claims for too hence the going over old ground.