Sainsbury's Payment Protection Insurance On a defaulted loan

[Tashmann]

Hi,

This is my first post here so apologies if I'm going over old ground.

I'm trying to sort out the mess my brother has landed himself in. He took out a loan with Sainsbury's Bank back in November 04. He was told he had to have payment protection insurance on this loan. This, including interest added just over £9K to the original loan. He has since defaulted on the loan and it's in the hands of a DCA now. My question is, if this ppi should have been optional and he was told it was compulsory then was it missold? If so, how does this affect the defaulted loan?

Hope someone can help.

Thanks in advance.

Tashmann

[dj1971]

Tashmann,

 

Yes it was mis-sold in my opinion.

 

If you have a copy of the original loan agreement, remove all personal details including barcodes and post it up for us to have a look.

 

Chances are if he has been paying it since 2004, will be quite a bit to claim back.

 

So post the agreement and I will help you do your calculations.

 

DJ

[Tashmann]

Hi DJ,

 

Thanks for the prompt reply. Apparently the loan was applied for over the phone. No application form was ever sent and the only evidence there is is the credit agreement. The insurance section has no signature just a machine printed name in the appropriate box.

 

The problem I have is that the loan is now in the hands of a debt collection agency who are pushing for the full amount, including the protection insurance. Because I believe my brother was missold this ppi I don't see that the debt collection agency have any right to demand payment on that part of the defaulted loan. I'm not sure how he stands legally on this. If the ppi was missold and it can be proved as such then the credit agreement cannot be correct and therefore unenforcible in its current form.

[firstship]

I assume the agreement you refer to is in your brothers possession and dates back to 2004 is this correct,not a recent agreement supplied by Sainsburys??????????????Get the PPI claim in,if it was sold on the basis no PPI no loan,you should be able to claim this back.....claim it back from Sainsbury and advise the DCA you have a dispute with PPI with the original creditor and until this is resolved, you cannot proceed any further..................FS

Edited November 3, 2010 by firstship
missed out line

[Tashmann]

Hi Firstship,

 

Thank you for your advice. I'll get on to that immediately.

 

Tashmann

[Tashmann]

Hi, to follow up on this thread. RBS were the original holders of my brother's loan. They have now made a settlement offer but are saying they will contact the company they sold the debt to and will forward the amount agreed to them. Are RBS allowed to do this? If so what are the ramifications? Can this be considered a full and final payment? What happens if the original company RBS sold the debt on to has sold it on, won't that just line the pockets of the original DCA and leave my brother in the same position he's in at the moment? I'm tempted to tell my brother not to accept this offer on the terms RBS are offering as I don't think it will resolve the outstanding debt. Can anybody help please?

[ims21]

The rules of set off will be determined by the type of assignment.

 

If the debt was sold on and all rights etc were transferred then they cannot use the right of set off.

 

If the DCA are just acting on behalf of the OC then sadly they can set off.

 

You also need to make sure the offer figure is correct before you accept anything....have you done your own calculations to work out what is due back?

 

ims

[firstship]

Agree with ims21,but most important have you made your own PPI calculation,and is it approx the same as the offer? DO NOT sign their offer until you are sure.

 

FS