ppi claim

[suzannef]

I have received a letter saying bank of scotland will be refunding ppi but they are paying it onto the credit card debt i have as i am at the moment also doing the unenforceable letters with them.

CAN THEY DO THIS

[sleepz]

It really depends on your cicumstances.

 

If your credit card has been cancelled, or has been sent to a collection agency then they are allowed to use any rebate to pay off the balance, or pay off a portion of the balance.

If your credit card is still active / not been defaulted, then they are permitted to take the amount for any missed payments, or late payments.

If you have no missed payments, and your card is still active then they are not permitted to use any of the rebate to pay off any owed money.

 

To quote Johnnymitch from another post

"

"The debt must be due and payable. For example, if a customer misses making a loan payment, then (at least until it calls in the loan) the firm can take only the missed payment – not the balance of the loan."

 

From that I read that even if your Credit Card was in arrears , they could only take the amount of the missed payments and would have to refund you the balance ...... the whole amount of your Credit Card is not 'due and payable' immediately ...... therefore you can ask for refund to be made by cheque....

"