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PPI offer but Santander want to offset against remaining debt


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Santander have offered me my PPI back but want to offset against my arrears. I said I wanted the cash considering the PPI was charged by an A & L salespeople using a false signature back in 2005. The case is with the FOS.

 

Can they do this?

Can I demand the cash?

 

I am suffering hardship at present and claiming ESA for epilepsy.

 

Thank you and kind regards

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Can I ask you a question. When you applied to them to refund your PPI did they write you a letter saying they were making an investigation first? As I've just written to A+L (well Santander now) saying PPI was missold to me at time of taking mortage out and they said they are conducting and investigation before taking things further ............... just wondered if they've done the same with you or if they have come back with refunding you straight away?

 

Ta

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Hi SR,

 

The timeline was as follows:

 

2005 - took out loan and was sold PPI against my wishes but inattentiveness never picked up their mistake

Feb. 2010 - did a CCA request and found false signatures on the agreement

Mar - made a formal complaint direct to the A & L who did an investigation and concluded that the signatures were mine. I presented them with further evidence and they changed their position and said the signatures were 'dodgy'. The A & L then offered me PPI refund offset against my debt but I had to sign a legal disclaimer. I wanted a cheque and compensation for false representation. They said no. I then sent it to the Financial Ombudsman Service.

The A & L then did another investigation and refused to allow me to see this report because the case was now under FOS jurisdiction.

Then Santander took over and now my creditor is Santander and not A & L. The FOS called me yesterday with an offer from Santander saying they would refund my PPI + interest but offset it against my debt. I told them to go and jump off a bridge.

I have told the FOS to now adjudicate on the PPI because I want cash and apparently I will have to instigate another case to get to the bottom of the false signatures.

I have told the FOS that the agreement is vitiated due to fraud by an A & L employee when PPI abuse was rife and that I want PPI in cash.

 

Advice to you -

 

First of all remember that a PPI complaint to the FOS can take at least 9 months.

Santander have apparently agreed to cooperate with all their clients on the PPI issue (do a google on this)

Await their report into your misselling (though this could be a delaying tactic - dont accept being fobbed off by admin people) and if you're not satisfied with the outcome then you can either go down the FOS route or through the courts. Both routes can take months.

Be firm with Santander because I get the impression they are playing hard ball on the PPI issue because its an old A & L problem. Ask for cash and dont allow them to offset it. They took your cash unlawfully so expect cash back.

if you're not satisfied then FOS or the courts

essentially you want your PPI back in cash with interest and you want it NOW so await the report, keep chasing that report and if unhappy speak to the FOS and allow them to sort it. Ask Santander for a copy of the report assuming that's what they intend to do.

 

Again, it's FOS or court route.

 

im not an expert in all this though so you may want to set up another thread

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Stalinsdead................How have they calculated the interest on the PPI?????????????the reason for the question is lots of banks calculate the amount you paid +8% and this is not good enough????Ofset is an OFT guideline and very difficult to overturn................IMO the fraudulent signature is a separate issue and I would go down the court proceedings route,the threat of court may produce more than you think,as for a bank to lose such a case would have serious ramifications for them......................FS

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Stalin,

 

Unfortunately Santander can use any rebate to pay off arrears on your loan or other debt you have with them. It is called the right of offset.

 

However they can only use it to pay off arrears and not other balances on the loan.

 

Have Santander told you how much they are going to refund?

 

DJ

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