CCJ paid for 9 Years but has PPI on PPI Loans

[dx100uk]

how do you know the PPI will only cover 1/3rd

 

blimey its from years ago,at £4.3k PPI, the 8% should easily cover that esp as your first loan was a refinanced into this loan.

 

and

"I have a letter dated 13 November 2008 from Yorkshire bank notice of assignment that the assignee is now Phoenix Recoveries UK Ltd S.a.r.l - Potomac Recoveries on 26 September 2008 and that the assignee has appointed Marlin Financial to administer the account. Received a couple of years statements from Phoenix Recoveries. "

 

so the debt has een sold SEVERAL TIMES and if the debt has been sold they cant off-set

 

I have over £5k of this debt as PPI and the loan was taken out to pay a previous loan which had PPI on it

 

have YOU any details on the first loan?

 

me thinks some of the sar has been doctored

 

or the above letters are all fakes?

 

dx

[Spazter]

Andy what is a section 77?

 

All the letters I have must be genuine as I also received one from YB stating they had assigned the debt to Phoenix recoveries who then a year or so later assigned it to MCE and that is who I got the information off via the SAR.

 

The data sent was just pages of printed information off a computer. No copy documents. Even the assignment letters were just reprinted and stamped copy. They have all the rights unless something was wrong in the assignments.

 

Even the YB transcript of what actually happened day to day on my account from Dec 2002 was included and fits in with the debt being sold once it hit 5 years of running as a CCJ payment to YB. Not sure where else can go with this now

[Spazter]

P.s. all I have on the first loan the second loan paid off was the account number on the new loan and the old loan amount.

 

It does get VERY complicated as the first loan I ever took out with YB had PPI on it as a single premium with interest added on that premium

and I was told it would affect my decision if I didn't take out the insurance.

 

I had refinanced this original loan at least 3 times! All with PPI, but the SAR from YB came back as all data deleted

and they held NOTHING at all for me or any of my accounts.

 

If I could prove the loans were just PPI on PPI then the debt would be completely NIL to start with! Oh if only had hindsight when originally taking these loans and insurance out!

[dx100uk]

hehe oh for hindsight

 

blimey if you'd had the paperwork i bet you could have blown that CCJ out the water too!

 

i'm gonna take punt here

 

i wonder if we can reverse engineer the 1st account

 

can you scan up the agreement that shows it

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

.

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

dx

[Spazter]

Dx

I will have to wait till I am at work to scan the docs in.

Is it going to be ok to put them up here?

There is rather a lot of info on there that would need hiding.

I can get all the figures and try to track back the amounts.

I need to rummage through some other paperwork too in spare room to see if paperwork in there.

I so wish I had the documents prior!

No wonder YB have got rid of all the paperwork!

They knew what was coming!

If I left all the figures then surely that will enable the DCA to identify me on here?

Not sure I want to show all that info to the world!

[dx100uk]

i dont actually think in this instance that them 'finding' you is a bad thing

 

what cag is all about is exposing the wrongful actions by creditors.

 

it seems to me as this story goes on

 

and more and more info comes out of you

and other sources

 

[yes i am having a little dig here, although there only a remote chance

but if we'd known the full story from the start

- lts and lots of loans with PPI all refinancing the previous=

-it might have taken a quicker and different course of action]

 

what has gone on here is disgusting

 

'a' lender got a CCJ agains you

when there was probably nothing owing if the PPI reclaim issue had been redressed/rebated

upon the refinancing of each loan.

 

sad but there we go.

 

my current thoughts run along the lines of a bit of 'call my bluff' tactics.

 

you [with as much info as we can gather]

 

send them a reclaim for all the ppi - that will kil the debt.

 

bolted onto that

 

we outline the whole story, indicating that,

had the PPI not been included, or rebated each refinace, then no or little debt

would have existed thus no CCJ would have been taken out.

 

dx

[MARTIN3030]

..............................

[Spazter]

I did have a thread on this previously but for some reason it has gone?!

 

It was left that the debt is with Marlin's and the original loan was with Yorkshire Bank.

 

I have PPI on the loan and this loan paid other loan off with PPI on it at least twice

so the remaining debt with Marlins will be the PPI amount if only I could prove it.

Sadly only have one original loan document.

 

I sent a SAR to Yorkshire Bank who came back with over 6 years so they have no information to give me.

I then sent a SAR to Marlin who sent me all their info on me.

 

I sent all my details to Yorkshire Bank and my claim for the PPI not mentioning anywhere that the debt had been sold to Marlins and that I hadn't paid it all off to them.

 

They took over 8 weeks to investigate but came back with an offer showing the value paid to them with compensation interest on top

of which amounts to the PPI element of the loan paid to them then the rest of the PPi amount will be paid direct to Marlins

for the amount that represents the PPi element still outstanding.

 

With regard to the PPi on PPI they are unable to investigate as they don't have the documents.

 

Firstly they knew about the debt at Marlins

still to say they will pay them so they MUST have had some info on me when I sent my SAR.

 

Is it illegal to not have sent me the info when requested it and they claim not to have it but now claim in they suddenly know I not paid off in full and it was sold to Marlin?

 

Secondly the PPI on PPI surely can be calculated?

Or do I just have to let this one go as I am unable to prove it?

 

Do I accept their offer which the amount of refund in total covers the full cost of PPI to start with

but the interest and compensation is only calculated against the amount paid to them before passing to Marlin

(how they know all these figures when they claimed no info held on me in their reply to my SAR)

 

do I write and say they refused my SAR

so I want to know how they could calculate these exact figures?

 

Or do I just accept, sign to say this is end of all matters (which it isn't as the debt remaining is probably all PPI

but as can't prove it with original documents not a leg to stand on unless

Marlin take me to court and I show the judge the paperwork showing paying off a previous loan too?)

 

Thanks and if anyone can find my original post on this then the background info would help.

[citizenB]

Thread found and merged.

Edited August 29, 2012 by citizenB

[citizenB]

If they didnt send the information when you sent your SAR then I think you could possibly make a complaint to the Information Commissioner. I have asked for some more advice for you.

[dx100uk]

coplain to the ICO yes

 

and refuse the offer on those grounds too.

 

you also need to remind the that they CANNOT offset to a SOLD loan

 

they have no agreement with you anymore.

they sold all rights

 

dx

[dx100uk]

link to old thread is not working either

 

dx

[citizenB]

I have merged both threads for continuity

[dx100uk]

right now i remember this ....

 

cash cowed for years on a debt you prob didn't even owe.

 

what info do you know about the previous loans?

 

dx

[Spazter]

Thanks for finding old thread and merging.

 

Who is ICO and is there a letter template I can send re the complaint of Yorkshire Bank not sending info to my SAR request?

 

Marlin own the debt the debt is being paid off as I get a statement every year with amounts offset.

 

The CCJ has dropped off my credit file due to 6 years of paying but is still running so if I stop paying I will be back in court under the CCJ that still stands until paid.

 

I can't prove the PPI on the previous loan even though I have the loan account number and can calculate the amount of the loan.

 

I do have the original of the final loan that they have agreed to pay out part to me and part to Marlin.

 

What do I say in my letter to Yorkshire bank?

 

Do I say they should have sent info under my SAR and I will be making a complaint to ICO whoever they are?

 

Also state as they sold the debt to Marlin they cannot pay Marlin direct?

 

Yes cash cowed but we live and learn and there is nothing I can do about it now.

 

I have the CCJ it is still standing so have to pay.

 

My issue is now the PPI on PPI that need to sort.

 

Thanks for all your replies

[dx100uk]

imo it does not need paying.

 

marlin cannot just take you back to court.

 

they need to goto the court and get the ccj changed to their name first

before they can even accept payments on it.

 

let alone enforce the ccj.

 

and they dont even now about the ccj either .

 

royally cash cowed .

 

dx

[citizenB]

Have you received a Notice of Assignment that Marlin OWN the debts or are they simply acting as administrator.

[citizenB]

ICO is Information Commissioner.

 

If you believe that Yorkshire bank witheld information from your SAR then you just need to complete the complaint form on the ICO website. There is no template letter as each situation will be different.

[citizenB]

Please do NOT stop making the payments under the judgment.

 

If the debt HAS been sold then YB have no further interest in the debt/judgment and should make any payment direct to you. Hold fire for a while, there is something you can advise YB to prevent them.

 

BRB

[citizenB]

You could quote the following at YB. You would I think need to do a little bit of amending because this is now a Judgment debt.

Be warned that a few companies.. namely B/shark and Capone are now fighting this so you might have to stick your heels in.

Regarding your suggestion that the refund will be set off against a debt now owned by XXXXX , this is wholly inappropriate and unacceptable according to the Law of Property Act 1925.

You no longer own the alleged debt and have no right to withhold monies in respect of it. If XXXXXX wish to pursue me for any amount they allege I owe them, that is their prerogative.

 

The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position, that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it.

 

Further information on the right of setoff can be found on the Financial Ombudsman’s site which clarifies in layman’s terms the rights of banks to take the action you indicated in your settlement letter. Banking: firms' right of 'set off'.

[Spazter]

Have you received a Notice of Assignment that Marlin OWN the debts or are they simply acting as administrator.

 

I have a letter from Yorkshire telling me assigned to Marlin and then it was sold again to MCE so I have two assignee letters.

 

They do know about the CCJ!

[citizenB]

So it was first sold to Marlin then Marlin sold it to MCE ?

 

No wonder there is so much confusion..

[citizenB]

IMHO, you should submit your claim for the refunding of the PPI to Yorkshire Bank.

 

If they claim to have the right to offset, then you can either fight them on it. Or let them pay off the CCJ early.

 

But if there is a balance left after the CCJ debt has been repaid then the monies should come to you.

 

The new owner has no right to make any amendment to the judgment debt eg, add interest or charges unless the Judgment says this can happen. If the new owner wishes to make any changes to the Judgment eg higher instalment payments then they will have to apply to the court to first of all replace themselves as the claimant on the Judgment and then again to vary the order. Somehow I dont think that would be allowed.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?203776-Can-A-Valid-Ccj-Be-Sold-On-To-A-Third-Party

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?113992 post 2 post 13

 

dx

[Spazter]

Thanks for the advice everyone.

 

Sorry the debt was sold to something portfolio then to MCE but it's Marlin who collect the monies.

 

Sorry for the confusion with who the debt was sold to.

 

I shall write back to Yorkshire saying why no response to my SAR

when clearly they have info on me

and also that they cannot pay to Marlin as the debt has been sold

and it won't fully cover the debt amount remaining.

 

I still can't find the previous loan paperwork that has PPI on it so might as well wave goodbye to fighting that battle with them.

 

Will get my letter off and let you know the outcome.