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nutter192

Monument PBP refunded to DCA ***WON*** Repaid direct !!

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As the title suggests, I claimed back ppi off a monument account and they have offset it against my debt with Arrow Global who bought the debt about four years ago.

 

I have had no contact with Arrow Global for about four years, but is there any legislation that I can use to force them to pay me by cheque instead of trying to offset against a sold debt to which they are no longer a party to?

 

I have previously claimed credit card charges through court and I got those paid to my bank account so there is previous history there.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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barclays actually LOST in court over that recently.

 

have a look in the won section on barclays or barclaycard

 

in a nutshell, they CANNOT do that

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Going to have a look now. Thanks DX victory is within my grasp.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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dx do you mind pointing me to the right thread getting lost trying to find it


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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ping slick132

 

he will know

 

i cant find it either.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Subbing

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Hi Nutter,

 

Barclaycard **WON** cases are here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes I don't recall a case where we argued for a refund to be paid to the customer direct, when there was an outstanding balance but no court action. :|

 

If you took court action to reclaim the PPI, the settlement amount should be paid to you direct.

 

If a refund was agreed by negotiation or through the FOS, you may have no right to demand a direct refund and the refund may be used to offset any outstanding balance, even if that is now being handled by a DCA.


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ok, the account has been sold to the dca and i thought this would have made a difference. Would it be possible for me to commence court action to get the refund paid to me?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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na i'm gonna have to find it then

 

there is a case where it quoted the judges ruling that the refunded money could not be used to clear the outstanding balance and the judge also said that about the arrears too

none of went off the old debt as it had been sold.

 

i'm sure it was barclays.

 

off to find it .

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Nutter,

 

If the refund of PPI has been agreed between you and Monument, you have no cause of action to make a court claim now.

 

So, if you started a court claim, Monument would say they've already agreed to refund the amount and it has been set off against the outstanding debt. You could then be held liable for the bank's costs in defending your claim.

 

That's my view of your situation but, if anyone disagrees, please jump in and comment.

 

:wink:


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Interesting thread DX. A BC case but not one I'd seen before as it was on the Debt Forums.

 

I've asked VJohn for the source of the text regarding the banks right to Set-Off.

 

:wink:


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Hi Slick

 

Havent seen the recent activity on here. but I have found the source of off-set information on the financial ombudsman website. Link is as follows:

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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an agreement no longer exists, they closed the account and sold it

anyhow - BC sold the debt... not the insurance policy

the money goes to you, endof

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I received a letter from the Royal Bank stating they were going to pay £1700 to the DCA to resolve my claim and they wanted me to sign a letter and return it to them. I did not do this, I phoned them and also wrote to them asking for a cheque to be sent to me. They were very good, no problem or argument and recently I received the cheque a couple of days ago.

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I could be wrong but wouldn't the bank be in breach of the DPA if they did this?


Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Just to update wrote to Monument stating about rights of set off etc and today a cheque arrived for 861.00. Result. Thanks once again caggers!


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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thats great news

 

how does this fair against your claim calc?

 

dx

 

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You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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covers 357 in premiums and the rest interest at their interest rate compounded.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Great News Nutter !! :whoo:

 

Thread title changed to reflect your win !!

 

This will encourage others who are in the same predicament with the bank trying to misappropriate their refunds.

 

:wink:


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Thanks !:-)

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Just to update wrote to Monument stating about rights of set off etc and today a cheque arrived for 861.00. Result. Thanks once again caggers!

 

Hi Nutter192,

I am in the very same situation so I wondered whether you would be willing to post a copy of the letter you sent to Monument?

I know the text you refer to. Did you quote this within your letter or just refer to it?

Would appreciate your input.

Regards

Shelley


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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donation made to site.

 

will post letter up shortly, moument are usually quite easy to overcome. cant guarantee with other firms but youre welcome to try.

 

Thank you for your recent letter in which you stated that the refund on the above account has been issued to a third party debt collection agency in respect of a debt sold to them by yourselves.

 

I would like to take this opportunity to remind you of the certain conditions that must be met before you can exercise the right of ‘set off’. Firstly the account from which the firm transfers the money and the account from which the money would otherwise have come from must be both held by the same firm. This is indeed not the case as the debt has been sold to Arrow Global and as this is not the same firm as yourselves, you are unable to release the money to this third party.

 

Secondly, I have very good reason to believe that the debt itself is statute barred and as such this cannot be reset by any payment after six years has passed since the last payment or acknowledgement of the debt.

 

I trust that I have made my position clear and look forward to receiving the settlement monies by return. Should you not do so, then I will complain to the Financial Ombudsman about your unreasonable conduct.

 

Not the longest letter in the world. BUt straight to the point.

 

Many thanks for all your help. Trust this information will help others in future.

 

In hindsight I should have referred more directly to where the information for the rights of set off were aquired in the letter and quote the financial ombudsman, so theres a further tip.

 

 

Also the link earlier in the thread to the financial ombudsman is where the right of set off information was found.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Hi Nutter192,

That's a great help thank you so much.

 

I didn't know that your case was SB but I believe it will do the trick if I quote where the information came from. Failing that, I still have another back up plan which I can use but not my best option personally.

 

We also have a Monument case to deal with at some point but the value isn't big but it's worth knowing how they work.

 

Good work on your part. Well done.

 

Thanks again for your letter.

 

Shelley


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I would advise that if you are going after ppi. go through court, you are more likely to get a refund straight to you and it avoids the hassle I had in trying to get them to refund me personally.

 

Dont forget to add interest compounded at the rate that you were charged the card at. This is where the high interest comes from on mine.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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