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Thermopolese

Claim Complicated by Debt Managment Plan. Help Needed!!

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Hi,

 

This case doesn’t involve me, but my mum. I’m going to be trying to deal with it for her as she hasn’t the slightest clue about taking on the banks, and doesn’t think she can win – even despite me showing her my own recent successes against the HSBC!

 

Anyways, my mum has had a number of loans and credit cards out over the years all with PPI on them. At the time they would’ve been taken out, my mum only worked part-time as a dinner lady, so was only doing around 10 hours a week – so that alone would mean that the PPI was useless wouldn’t it, as she wouldn’t have been covered for unemployment as she worked so little hours anyways?? Either way though, I’m pretty sure she’d have a case anyways because she meets a lot of other criteria for a refund, such as being told she needed the PPI, and not being made aware that it was optional, etc…

 

So under normal circumstances I’m sure she’d have strong cases to go after most, if not all, of these claims. However, a year or so back she hit real financial trouble and was forced into a Debt Management Plan and now pays back the creditors at a reduced rate through a single payment distributed between them by the DMP arranger (I think that’s how it works! I’m not clued up on this thing!). So, what I was wondering is whether my mum can actually go after the PPI claims due to this Debt Management Plan? If she goes to, say Lloyds TSB, to claim back her PPI on her loan, can or will they turn around and say “No, your not having anything back, and for asking we’re now cancelling our arrangement on the DMP”??

 

If someone could provide me with some advise as to whether to go ahead and begin the claim process for her it would be much appreciated! I’ve plenty of experience myself in going after claims under normal circumstances, but this whole Debt Management Plan thing is new to me and I wouldn’t know where to begin and whether or not it’d be risky with my mum's finances already being on the ropes?? :confused::confused:

 

Thanks in advance!

Edited by Thermopolese
typo

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Hi,

 

This case doesn’t involve me, but my mum. I’m going to be trying to deal with it for her as she hasn’t the slightest clue about taking on the banks, and doesn’t think she can win – even despite me showing her my own recent successes against the HSBC!

 

Anyways, my mum has had a number of loans and credit cards out over the years all with PPI on them. At the time they would’ve been taken out, my mum only worked part-time as a dinner lady, so was only doing around 10 hours a week – so that alone would mean that the PPI was useless wouldn’t it, as she wouldn’t have been covered for unemployment as she worked so little hours anyways?? Either way though, I’m pretty sure she’d have a case anyways because she meets a lot of other criteria for a refund, such as being told she needed the PPI, and not being made aware that it was optional, etc…

 

So under normal circumstances I’m sure she’d have strong cases to go after most, if not all, of these claims. However, a year or so back she hit real financial trouble and was forced into a Debt Management Plan and now pays back the creditors at a reduced rate through a single payment distributed between them by the DMP arranger (I think that’s how it works! I’m not clued up on this thing!). So, what I was wondering is whether my mum can actually go after the PPI claims due to this Debt Management Plan? If she goes to, say Lloyds TSB, to claim back her PPI on her loan, can or will they turn around and say “No, your not having anything back, and for asking we’re now cancelling our arrangement on the DMP”??

 

If someone could provide me with some advise as to whether to go ahead and begin the claim process for her it would be much appreciated! I’ve plenty of experience myself in going after claims under normal circumstances, but this whole Debt Management Plan thing is new to me and I wouldn’t know where to begin and whether or not it’d be risky with my mum's finances already being on the ropes?? :confused::confused:

 

Thanks in advance!

 

A lot of questions here but I would still start out with the SAR to all creditors with the plan being to claim back all of the PPI premiums to be repaid back by personal cheque as the PPI is a separate issue from the actual loan they should not use any rebate/refund to offset the arrears on any account. Also have a word with whoever is running the DMP to let them know what you are doing. I may also be worth considering having any rebate/ refund deducted from any arrears to cancel any outstanding amounts earlier. Your call on this.

 

Do not let the fact a DMP is in place deter you from claiming mis-sold PPI on any grounds that covers mis-selling and I believe part time work is included. I may have posted this before but have another look.

 

PPI - Some Notes for Claimants.. and here

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

 

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

 

aa

 

 

 


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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A DMP is not legally binding either from the creditors or debtors. At anytime the creditors can make things difficult by starting to add interest again or applying for a CCJ and Charging Order. On the other hand people are running DMP's with no problems.

 

I would think if you have a case then you are entitled to claim back PPI but I would think, if you are successful, the creditor would use this to pay off all or part of the debt. This is not a bad thing as it would reduce the debt. The DMP company would need to be informed as the amount then owing would be less and therefore payments to that creditor may be reduced as credtors payments are worked out on what is owed and how much income is available.

 

The problem is that on a DMP all creditors are meant to be treated equally, ie if you came into some money and wanted to pay off one debt the other creditors could get difficult. This I wouldn't think would be the case with PPI as I am sure the company would offset this against the debt.

 

I would suggest you speak to the DMP company and see what they advise.

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Many thanks for your advice guys!

I’ll pass on this info to my mum and get her to contact the DMP arrangers to talk to them. I’m pretty sure she’s got a strong case, but I’ll leave the decision down to her – it is her finances after all! :grin:

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