Missold PPI on HFC Loan that is statute barred debt

[vjohn82]

Hi all,

 

Question from a family member had me stumped...

 

My cousin took out a loan in 2002 with HFC... was subsequently sold PPI despite him being told that the loan was conditional upon him taking PPI (a HFC tactic I am led to believe).

 

He defaulted on the payments in Dec 2003 and has made no payments in that time or acknowledged the debt. However, he paid a significant amount of PPI premiums at the start of the loan (some £800).

 

The loan itself is suspected to be statute barred (I have looked and it more than likely is).

 

Does he still have a valid PPI claim?

 

Thanks in advance!

[ozzywizard]

Does he still have a valid PPI claim?

 

 

haha, okies in my opinion . . .

 

Yes he does, first we will assume the loan is statue barred under the limitations act 1980 so it still exists in principal but they cannot enforce the debt etc etc . .

 

The missold PPI is not statue barred from his point of view as in referance to the same limitations act 1980 section 32C the right of action is that the clock can only start ticking from when he became aware of the missold PPI.

 

Once a debt is statue barred it will stay time barred, the claim of PPI will not affect that and the PPI is claimable, however the challenge we have is on response from them acknowledging the claim they can take the monies owed to you for missell to pay the arrears which will probably be the full amount as not paid for 6 years plus and they can do this . . but worth doing all the same.

[vjohn82]

Thanks for your opinion Ozzy...

 

I was of the opinion that they would use the PPI reclaimed amounts to cover the arrears. But then the loan and PPI were designed to be completely separate products and therefore should be administered separately.

 

In addition if a product has been missold the restitution would surely be on the basis of that product alone.

 

You make sense... I would be inclined to agree with you but I would have thought the above would apply? What do you think?

[ozzywizard]

I totally agree that they are seperate products and the restitution should be on the one unique product alone, so this states that they cannot take your monies and pay off a loan or anything else owed to them, but if an account is in arrears they can and will use the monies to clear it up. I agree it is wrong but as far as the FOS, FSA and also if it went to court this would be the outcome.

 

Depending on a companies own legal advise they may not pick up on this and pay it out but if they do and offer full refund plus interest then they do have the right to pay off the arrears owed before paying you.

 

Once offer is made and if it goes the way I suggested we can certainly try to argue it and put a letter together but if it goes further we will probably lose. . . If anyone else has any other suggestions or a way around this then please jump in.

[vjohn82]

I'm thinking along the same lines as you... but let's throw another thing into this.

 

The original debt has been sold to a DCA (namely Aktiv Kapital) who understand that the debt is statute barred.

 

I know, from research of the CCA, that the new owner can collect the benefit of the assigned contract but the previous lender is responsible for the obligations. I will have to find out where I got this from but it should be close to hand.

 

Therefore what do you think would be the status of the PPI claim in that scenario?

[ozzywizard]

I know, from research of the CCA, that the new owner can collect the benefit of the assigned contract but the previous lender is responsible for the obligations. I will have to find out where I got this from but it should be close to hand

 

No need thats right. .

 

 

The original debt has been sold to a DCA

Ah, now that changes things. . . If the debt is sold and the PPI claim is rightly claimed against the orriginal creditor then refund has to be done via cheque as creditor has given up all rights to the debt. . winner takes all. They no longer own the debt to pay themselves their arrears. . . to allow the claim and pay themselves for arrears they do not own would be nothing less than fraud. To pay the DCA would not benifit them and would then breech DPA as it does not concern them as to your balance. . .

[vjohn82]

Just as I thought... nice one Oz ;-)

[ozzywizard]

No worries, we get there in the end. Keep us informed on how this one goes if you will. If I miss the thread mail me at my username at consumeractiongroup.co.uk. good luck, its an interesting one. Let me know if you need help on it, dont mention statue barred in the first PPI claim letter you send as its not an issue till they make it an issue, stick to a simple claim letter and use it as a defense.

[bena77]

Sorry for bumping old thread but I wondered what the outcome was? I am in a similar situation with a Lloyds loan that was sold to Aktiv but had £2700 PPI with Lloyds. Although the loan is statute barred, the last thing I want to do is acknowledge it and get harrassed by AK again.

 

How did it go?

 

Thanks

[vjohn82]

Once it is statute barred, that's it. No recourse for the lender EVER.

 

I got paid out on the statute barred account PPI.

[Richhhhshel]

Once it is statute barred, that's it. No recourse for the lender EVER.

 

I got paid out on the statute barred account PPI.

 

Apologies if this is classed as hijacking.

 

I had a loan some years ago with HSBC which defaulted and got sold on. It's now statute barred and is completely off my credit file. Is it just a case of writing to HSBC as if it's a normal loan? I don't have any information at all, would they know me by my personel details alone?

[vjohn82]

Apologies if this is classed as hijacking.

 

I had a loan some years ago with HSBC which defaulted and got sold on. It's now statute barred and is completely off my credit file. Is it just a case of writing to HSBC as if it's a normal loan? I don't have any information at all, would they know me by my personel details alone?

 

If you have the old account number that would help. If not, send them a letter stating that you will be claiming PPI and could they locate your details using your address history (which you will supply).

 

Good luck.

[AndyOrch]

Subject Access Request first.

 

Regards

 

Andy

[vjohn82]

A waste of £10.

[AndyOrch]

Okay so how do you calculate your claim?

[vjohn82]

They don't know if they have a claim yet.

[Mooshoonew]

Hi guys

 

Been searching online for this exact problem! vjohn82 Im hoping you can help

 

I had a loan, credit card etc with Lloyds back in 2002/3 and defaulted, the debt was sold to Aktiv Kapital and seeing as there is no imformation regarding this on my credit file and no payment made over 6 years, I naturally assume the debt is statute barred.

 

One would think I should be happy that I didnt have to fully pay all the loan back but they have caused me so much grief and I paid what i borrowed, it was the interest and other charges that made me struggle.

 

My friend contacted her bank and within 10 days she had her ppi claim in her bank, Im tempted to do the same but am worried what will happen with my old debt?

 

I dont want to stir up all the nasty threats an mail etc. I have no bank records or loan agreements, my plan was to phone the ppi team at lloyds directly and get them to pull up my information.

 

Seeing as you have been through a similiar situation, I was hoping you could offer some advice and reasurrance (that goes to everyone who feels they can help)

 

Thank you for your time and hope to hear from you soon.

 

kind Regards

 

Matt