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My father in law passed away 4 months ago just as we were in the process of reclaiming ppi back from various companies .

 

The problem we have at the moment is that he had various debts and the ppi wont payout.

 

We have a solicitor in place sorting out probate and a few of these debts have now been sold on to debt collection agencies.

 

I wanted to claim back the ppi for his estate and then hit these companies with the credit agreement act .

 

I just needed to know once i get the debts written off how do i legally stop these going to my father in laws estate to get the money back .

Thanks in advance .

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Hi

 

If your father in law was indebted to a company from whom you were claiming and the debt exceeds the amount of the PPI reclaim then they will set the reclaim against the debt outstanding. That will reduce the amount due on the account and thus the indebtedness of his estate.

 

If the PPI reclaim is greater than the debt then they should refund the excess to the estate and the executors should pursue that excess.

 

If the debts have been sold on then there is no right of set-off (although the set off may have been carried out prior to the sale of the remaining debt).

 

What do you mean by "hit these companies with the credit agreement act"?

Edited by ims21

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because i am certain that he signed application forms not credit agreements therefore these debts will be unenforceable.

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Not as easy as that these days I think.

 

Application forms can also be credit agreements.

 

Also if there is evidence of usage of the account then that would also be a barrier to any un-en argument.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Thanks for your replys. I did request a copy of an agreement from 1 of these companies over 40 days ago asnd as of yet they have not come up with 1.

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