Natwest PPI Reclaiming, got CCJ, who gets it.

[kken67]

I have already submitted a ppi claim to Natwest which I believe is with the calculations dept!

 

2 questions really.

1) They have just requested authority from my husband as the main policy holder which has really bugged me

as this is the first time since the claim was submitted so surely they should have requested this before. Delay tactics?

 

2) We are on a DMP with cccs atm and the company I am claiming against are 1 of our creditors.

The claims are for 4 closed loan accounts.

The remaining loan account has already been ccj'd and has a court order to pay a set amount each month.

 

My quextion is,

can they or are they likely to offset any claim award against this account with a court ordered payment in place already.

 

I could really do with the payment to fix a few house problems and fix my car which I need for work.

 

any remaining would go to our credittors but I think it should go pro rata not just to natwest.

 

Have any of you guys had the cheque straight to you?

 

I don't intend to waste the money but think it should be my decision who get what!

 

I am also considering a self managed dmp as I don't think cccs have helped that much and were useless when natwest took us to court.

[dx100uk]

who has requested your OH's authority?

 

dx

[kken67]

Natwest, albeit through RBS reclaiming team.

 

I started the claim by phone at the beginning of November and was told they had to respond by 6th January 2013.

 

On 18th December I received a letter saying they needed the mainpolicy holders authority.

 

I rang up and they wouldnt tell me anything more even though they had been quite happily dealing with me prior to this.

 

I sent signed authority by fax straight away,

rang to confirm they had received it to be told the person dealing was a Paul Woods in calculations.

 

They told me I couldnt speak direct to him as that dept didnt take outside calls but they would send an email through to him.

 

I have since phoned to be told he hasnt responded and must be on annual leave.

 

Cant seem to get any joy at all.

[dx100uk]

i find it always better to use the paper route when claiming

 

FOS CQ etc

 

see the links below.

 

dx

[kken67]

I am (I think) towards the end of a PPI claim over 4 rollover loans with Natwest. They have asked for a signature from the main policy holder but that had to be sent to the calculations team. This suggests to me that they are calculating redress. They have until 6th Jan to respond but obviously this may be delayed a little because of the info they requested.

 

 

However, atm we are under the CCCS dmp and our main creditor is Natwest. Having said that, they obtained a CCJ and also a final charging order last year but the court ruled that they couldnt do anything if we continued to pay an agreed amount per month which we have done religiously since. The court also said Natwest and ourselves could not alter this amount without a further court order.

 

The loan involved is not one of the loans we are claiming ppi back from, they are all long closed loan accounts. Can they or do you think it is likely they will try to offset against the outstanding account.

 

I am just thinking they wouldnt be able to with the court ordering the amount to be repaid but could well be being naive. I have read somewhere about only offsetting against notified arrears and they havent notified arrears in writing but also that they would have to refund direct to us the interest. Is this right? Also, I would like the opportunity to share the money pro rata between all our creditors.

 

Tbh, I could really do with some of it direct to us to do some household repairs and also get my car fixed. I am not thinking of frittering it away anyway. Have any of you received the cheque direct to you when you are on a DMP? Any advice would be gratefully received. Thanks all x

Edited January 5, 2013 by citizenB
formatting

[citizenB]

Ok, yes.. this is an awkward one I think.

 

Yes, they can offset on notified arrears only - I am not quite sure what happens where you have a judgment in place.

 

I will try and find someone who might be able to offer more advice, but my thoughts are..

 

The judgment has turned an unsecured loan into a secured loan with priority status. So when looking at your budget, it might be claimed that the Judgment has priority.

 

However, there is a remarkable lack of joined up thinking in banks.. one department not speaking to another - so chances are as the judgment is probably being dealt with by the legal team, and the loans you are reclaiming PPI on were paid up - there might be no obvious connection and you will receive the refund.

 

From what you say, the implication is that the loans were in joint names. Was the debt the judgment was obtained on, a Joint debt ?

[BRIGADIER2JCS]

As court has ordered fixed payments not to be varied exept by leave of the court, would they not have to make an application for offsetting?

[dx100uk]

well being on a DMP make no odds to if/if not you get it.

 

how many debts sre on this plan and what are they

 

have you or anyone ever checked they are ligit & those being paid have A LEGAL RIGHT to demand/have payments through CCCS?

CCCS certainly DONT.

 

was PENALTY charges and PPI reclaiming looked into before it went CCCS.

 

you need to list your debts.

 

 

dx

[kken67]

Hi all,

 

I too was thinking they would have to apply to the courts and maybe they wouldnt bother.

 

Also, when I went into Natwest a few years ago, there was no current loan account listed on their system

or infact a current account (which had an overdraft) and is part of the same ccj/final charge they obtained last year

which makes me think/hope they might not marry them all together.

 

If they do and somehow get to offset, am I right in thinking they cant take the interest aswell?

 

DX - There are approximately 15 creditors in total on my DMP totalling 30,000

most in the region of £600 or so

but Natwest are the biggest by far with an outstanding debt of £10,000 (loan/overdraft)

 

I am in the process of trying to set up a self managed DMP and am taking your advice to CCA them all.

 

Was thinking of leaving Natwest till they have dealt with the PPI claims as dont want to start them looking at things too closely.

 

I would still like to know if anyone has received their claim cheque direct whilst on a DMP.

 

Feel a little overwhelmed so no doubt will be back for advice. x

[dx100uk]

as said being on a DMP makes no diff at all to if you get it or not

nor

to if they offset or not.

 

dx

[caro]

As brig says, they'd have to apply to the court to offset and you would have the opportunity to put your objections to this. I somehow doubt they'd do this.

 

When you respond to them tell them that you require your refund by cheque.

[kken67]

Thanks, that was what I was thinking! I will see how they respond first and go from there. Will they say they intend to offset in any offer letter. I have read somewhere that some people have just had cheques sent straight out without responding to offer letters. I am keeping my fingers crossed as could really do with a little monetary lift right now!

[caro]

IMO you are more likely to get what you want if you tell them. They may have a different take on this or assume you will want it offset as many possibly would, so you must make your requirements very clear. They aren't mind readers and it could be harder to get a cheque without a long fight if they have already offset.

[BRIGADIER2JCS]

I agree with Caro, tell them no off set the PPI is apart from any account.

[kken67]

you could well be right here!

 

 

do I contact them now and say I want the money by cheque as I no longer have a natwest account

(the newest loan account and my old current account don't seem to show

as they are being dealt with by the legal dept)

 

 

do I mention not offsetting against that account even though they may not know about it!

 

 

Also, I do have an RBS account

what about asking for it to be sent direct to that account.

 

 

They seem to be able to do that quicker than raising a cheque.

 

 

I have no debts with RBS and was told by an employee of RBS,

a friend that they do not offset between RBS and Natwest even though they are under the same umbrella.

 

 

Even if worst comes to worst,does the interest still come to me.

May be that that amount will suffice to fix what I need to! I really appreciate your help.

Thank you x

[citizenB]

They will more than likely write to you again with a figure and also ask you to sign an acceptance form. I think that would be the point to advise you would like a cheque.

[kken67]

I have today received 4 offers (goodwill) from Natwest totalling just over £2600 against closed loan accounts.

 

However, we have another loan account which is with their legal dept and part of our DMP.

It has already been to court and they got a CCJ/final charging order with a court decision that we pay a set amount each month which cannot be altered without referal to the courts.

 

I am not sure that when Natwest general admin check they can find that account anyway.

 

Obviously we would like the cheques ourselves.

 

Can they offset against that o/s account but perhaps as importantly,

dont they have to send us the interest anyway, seem to have read that somewhere before.

 

That would amount to about £900 and I could really use that even if they offset the other money.

 

Please advise where I stand, in particular the interest amount.

 

Thanks so much.

[dx100uk]

well effectivily the CCJ account is 'paid' via a court order, it is not 'arrears'

 

they can only offset against notified arrears

 

these typically come mentioned on a NOSIN letter

 

notice of sums in arrears.

 

now this DMP, not fee paying i hope?

 

dx

[kken67]

Have today sent acceptance letters back and popped into Natwest

and just asked cashier if I had any accounts still with them.

She said no but you do have your mortgage account.

 

I have just thought, this account has arrears but agreed overpayments for a while.

Will they offset against a mortgage account?

If not, I am fairly confident they will pay straight to us.

 

Still having problems finding out if the stat interest will be paid to us, anyone know anything?

 

Oh, and dx, the dmp is not fee paying, its with cccs but am in process of sorting self managed.

 

Also sent acceptance letters 1st class recorded so hopefully they dont get 'lost'

as every fax I have sent them so far they havent been able to locate. Just delay tactics, i reckon.

 

Anybody have any updates on how quickly RBS/Natwest are paying out atm.

The letter says the stat 28 days but wondered what it is in reality!

 

I will be using the largest proportion against debts if we receive it all back

but also fixing car so am anxious to sort it all out.

 

Thanks for everybodys help,

really appreciated.

Will update as soon as anything happens.

 

Have today sent acceptance letters back to RBS hq for Natwest loan ppi claim.

 

 

Just wondering in reality how long it is taking right now before people are getting their cheques.

 

 

I know it says 28 days but wondered what people were experiencing atm. Thanks!

[BlueMoon1967]

Hi I have had two separate RBS PPI claim cheques and I received them within a week.

[kken67]

Hi all,

 

dont know if anyone has any idea how to effectively fight this but worth a shot!

 

Just to fill in the background.

 

I am on a dmp with cccs but in the process of going it alone.

 

My biggest creditor Natwest, wasnt happy about the time it would take to pay back via dmp

so went for and got a final charging order effectively changing the unsecured loan to a secured loan

 

when the judge agreed the fco he specifically said that we just had to pay the same amount per month

we had been paying through cccs

and neither natwest or ourselves could alter that without prior agreement of the court.

 

Fast forward to my recent ppi reclaim which was awarded 29/1.

 

Natwest just sent the interest to us and paid the reclaim to our loan account

which incidently was not one of the loans we were reclaiming on.

 

Now, they are saying they can offset

but my logic would say that the courts have determined and ordered all future credits to this debts

and they are acting illegally by crediting the reclaim to the account.

 

I dont know how to word a letter or if anyone else would see it the way i do. Any advice?

 

I am not looking to squander the money and will pay other things so could do with getting it back.

[lookinforinfo]

Well I suppose your logic would think that way.

 

Though I always find it interesting the way that though it is our money in the bank,

the bank seems to think it is their money.

 

The money they owed from the missold PPI was your money and the loan account is their money .

 

There have been many arguments over the years on this Forum about just this situation.

 

You are luckier than most insofar as the bank have at least repaid the interest to you.

 

The bank could argue that they couldn't offset against the account with the CO because the Judge had specifically stated

that neither you nor the bank could alter the repayments without the Court's agreement.

 

I don't see much mileage in pursuing your line of argument as you do appear to be well in debt with the bank despite not providing any figures.

And at least you have reduced the amount of your debt by a considerable amount.

[it is arguable of course that you would not be in so much financial trouble had the bank not added PPI in the first place.]

 

Perhaps rather than going down your proposed route you

could look instead at reclaiming your bank charges using hardship as your basis for your action.

[dx100uk]

the 8% stat int is your they cannot touch it.

 

as for tyhe offset

 

 

unless a creditor sends a notice of arrears

 

they should not be willy nilly off setting anyhow.

 

NOTIFIED ARREARS only.

 

dx