Mis-sold PPI claimed against a debt with DCA

[Gaznkaz08]

we've just found out my wife will be having a mis-sold PPI payment from halifax either credited to her defaulted Halifax card account that is with Capquest, or sent to ourselves, now does this mean that the original agreement is unenforceable if it had mis-sold PPI?

[Gaznkaz08]

also this account is currently in dispute with the DCA, (since Nov 09)does this shoot holes in that argument as such we're saying it's unenforceable with no legal executed agreement yet made a successful claim against said account?

[Gaznkaz08]

anyone?

[jon888999]

In my case, i've used PPI as another reason why the accounts are disputed. Eg if you find an enforceable agreement then i;ll claim back PPI & Charges + interest.

You really need to look at the value of the ppi and only try to reclaim if the account is enforceable or the PPI + interest exceeds the alleged balance of the account. Seems to have worked in my case as DCA'S seem to go quiet when you tell them the account contains PPI and you would be making a counter claim.

The point i'm trying to make is don't try and be greedy, if you are going down the no enforceable agreement = no payment route don't try to claim PPI back just be happy that you aren't paying anything.

Off course if you recieve a claim then you can use this in your defence and/or make a counter claim.

[Gaznkaz08]

In my case, i've used PPI as another reason why the accounts are disputed. Eg if you find an enforceable agreement then i;ll claim back PPI & Charges + interest.

You really need to look at the value of the ppi and only try to reclaim if the account is enforceable or the PPI + interest exceeds the alleged balance of the account. Seems to have worked in my case as DCA'S seem to go quiet when you tell them the account contains PPI and you would be making a counter claim.

The point i'm trying to make is don't try and be greedy, if you are going down the no enforceable agreement = no payment route don't try to claim PPI back just be happy that you aren't paying anything.

Off course if you recieve a claim then you can use this in your defence and/or make a counter claim.

 

 

 

thats the thing we're not being greedy we started the ppi claim 18 months ago with some firm hadn't heard anything about it so started this CCA process off a few months ago then out of the blue we've got notice that we're due some ppi but it's only about15% of the debt owing, but we've been told it might go straight the DCA as it's in default, so it's to late to threaten them with i will claim as it's already been done

 

 

i thought i'd read somewhere that ppi issues could invalidate and agreement i'm not that fussed about the amount or even if it doesn't come to us, the fact that there is one could help , if it could be used as another argument to stop them bleating on about an application form

Edited January 13, 2010 by Gaznkaz08

[jon888999]

thats the thing we're not being greedy we started the ppi claim 18 months ago with some firm hadn't heard anything about it so started this CCA process off a few months ago then out of the blue we've got notice that we're due some ppi but it's only about15% of the debt owing, but we've been told it might go straight the DCA as it's in default, so it's to late to threaten them with i will claim as it's already been done

 

 

i thought i'd read somewhere that ppi issues could invalidate and agreement i'm not that fussed about the amount or even if it doesn't come to us, the fact that there is one could help , if it could be used as another argument to stop them bleating on about an application form

I understand it all depends how the PPI was added to the agreement. I think you might find some info on this thresd.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

Edited January 14, 2010 by jon888999

[Gaznkaz08]

I understand it all depends how the PPI was added to the agreement. I think you might find some info on this thresd.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

 

 

would the fact that halifax have agreed to pay it back not indicate it was not correctly added,

 

the only ref i have to it was it was on this application form(sent in reply to a CCA)

 

all details name address etc and "X in the box" were pre printed

 

 

[jon888999]

Hi, I've just asked the site team to help. I probably notified them in the wrong way. Sorry to the site team.

To start with How much is the outstanding alleged debt and how much is the PPI?

[Gaznkaz08]

Hi, I've just asked the site team to help. I probably notified them in the wrong way. Sorry to the site team.

To start with How much is the outstanding alleged debt and how much is the PPI?

 

 

lol thanks

 

roughly 1400 allegedly outstanding with the DCA, apparently we have 174 enroute (gonna lose 50% of that to the claims firm,) and had 234 in unfair charges sent direct to us about 9 months ago.

[Peterbard]

hinits all about where the PPi payment is placedin the agreement . Your ppi seems to have geen requested ie it was not a term of the loan yu chose to takeiton and it was not a condition of getting the loan.

In this case the premium can be added to the total credit and you will pay interest on it.

 

If the PPi had been a condition of the loanor you where lead to believe that it was it should have been include within the total charge for credit along with the interest payment and fees,

 

If it was the apr and the total credit figures would be different and this would make the agreement unenforceable, under section127(3) if executed before april 2007. If after this dte you may still have a shot at the sectin

[Gaznkaz08]

hinits all about where the PPi payment is placedin the agreement . Your ppi seems to have geen requested ie it was not a term of the loan yu chose to takeiton and it was not a condition of getting the loan.

In this case the premium can be added to the total credit and you will pay interest on it.

 

If the PPi had been a condition of the loanor you where lead to believe that it was it should have been include within the total charge for credit along with the interest payment and fees,

 

If it was the apr and the total credit figures would be different and this would make the agreement unenforceable, under section127(3) if executed before april 2007. If after this dte you may still have a shot at the sectin

 

 

hi this is actually on a credit card, i take it thats different.

 

My main query is that if Halifax are crediting it back then surely that is an admission of it being misold therefore, would that make the agreement unenforceable, if it had been requested then they wouldn't reutrn it would they? or would they i don't know

[Peterbard]

Hi

 

No the assertion will simply be that you were missled in making the puchase they admitted this and refunded your money. The ppi was not a term of the contract so you cannot say it was mistated.

 

peter

[Gaznkaz08]

Hi

 

No the assertion will simply be that you were missled in making the puchase they admitted this and refunded your money. The ppi was not a term of the contract so you cannot say it was mistated.

 

peter

 

 

ok i'm with you i think, lol

 

so it was mis sold not incorrectly added then, not making it unenforceable.

 

so does being granted a ppi refund against the defaulted account, have any bearing on us disputing it under a CCA request?

[Peterbard]

ok i'm with you i think, lol

 

so it was mis sold not incorrectly added then, not making it unenforceable.

 

so does being granted a ppi refund against the defaulted account, have any bearing on us disputing it under a CCA request?

 

Hi

 

No i dont see how it would have any bearing on the enforceability of the agreemet.

 

Peter

[charlie*]

Sorry to butt in, I have 2 questions to ask the answers to which may be useful for others... aside from which, I dunno where else to ask.

 

Does a lender, in this case Sainsbury have to disclose the commission they receive from a single premium PPI policy attached to a capital loan? The SAR shows the figures.

In this case the gross premium (added) was £3000 and the NET premium paid to the insurer was £1000 for the entire loan term.

If you take £3000, add the apr (2004 rates) you end up with a lot more. My son is self employed and nets before tax £12000 (has two kids too).

He accepted the PPI because he was in a bad situation with his van without which he cannot earn. Now he is wiser, had he not been in such a panic he would have looked closer and would have discovered he could've got the same policy hugely cheaper and would have declined. Hindsight is wonderful.... still, he swears he did feel pressured at the time.

 

I'd also appreciate any thoughts.... this agreement was challenged last year and having only recently discovered Defaults, find that the DN doesn't comply... out by 2 days. The rest of the agreement is okay, so, would it be a reasonable bet to tackle them on the basis of cancelling the whole agreement and not chllenging the PPI.

 

I ask the above question re disclosure because they are FSA registered and those selling insurance are supposed to declare commission.

Thanks

Charlie

Edited January 16, 2010 by charlie*

[Gaznkaz08]

Sorry to butt in, I have 2 questions to ask the answers to which may be useful for others... aside from which, I dunno where else to ask.

 

Does a lender, in this case Sainsbury have to disclose the commission they receive from a single premium PPI policy attached to a capital loan? The SAR shows the figures.

In this case the gross premium (added) was £3000 and the NET premium paid to the insurer was £1000 for the entire loan term.

If you take £3000, add the apr (2004 rates) you end up with a lot more. My son is self employed and nets before tax £12000 (has two kids too).

He accepted the PPI because he was in a bad situation with his van without which he cannot earn. Now he is wiser, had he not been in such a panic he would have looked closer and would have discovered he could've got the same policy hugely cheaper and would have declined. Hindsight is wonderful.... still, he swears he did feel pressured at the time.

 

I'd also appreciate any thoughts.... this agreement was challenged last year and having only recently discovered Defaults, find that the DN doesn't comply... out by 2 days. The rest of the agreement is okay, so, would it be a reasonable bet to tackle them on the basis of cancelling the whole agreement and not chllenging the PPI.

 

I ask the above question re disclosure because they are FSA registered and those selling insurance are supposed to declare commission.

Thanks

Charlie

 

probably be better to start you own thread as it might not get many views in here:)