PPI - Refund - part to be offset against a sold on debt

[skelly5918]

Can the ppi refund be given in part to a debt that has been sold and the rest to me?

Or do they have to give it all to me?

Many Thanks

[citizenB]

If the debt has been sold/assigned, then the original creditor from whom you are making the reclaim has no right to give any of the PPI to a third party.

 

Which creditor is this and who is the third party.

[BRIGADIER2JCS]

Absolutely Skelly insist all the refund comes to you, the PPI has nothing to do with the dca that bought the debt.

[skelly5918]

Actually it is an egg debt that was sold to arrow global. Is this different than sold to a dca.

[BRIGADIER2JCS]

Actually it is an egg debt that was sold to arrow global. Is this different than sold to a dca.

 

No AG is a debt purchaser and DCA.

[skelly5918]

Can anyone give me something to quote to them as they keep saying the fsa guidelines say they have to pay arrow global.

[BRIGADIER2JCS]

Hi Skelly I can't find any thing that says they can offset and pay AG, going to ask my colleagues here to take a look.

[skelly5918]

Much Obliged - thank you

[nutter192]

Hi Skelly I had success with this kind of thing getting PPI money back from Monument a year after they had offset against a sold debt. It is in the FOS guidelines however these are hard to find. Heres a link to my thread where I sent a letter to Monumnet.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?312868-PPi-refunded-to-DCA-***WON***-Repaid-direct-!!

[skelly5918]

Thanks nutter - have emailed them with that information and will have to wait for them to reply.

Many Many Thanks

[ims21]

The case law you can use is Edlington Properties -v JH Fenner.

 

Where a debt/account has been sold, the seller as no right to appropriate your money to the third party.

 

You need to write and tell the original creditor this and if they refuse to refund all of the money to you then you are able to issue proceedings in court to force them to refund this money to you.

[skelly5918]

Many Thanks

[skelly5918]

Me again

 

I wrote several times to Canada Square they will not budge - say it is their policy to repay to other companies.

.

They sent me the cheque minus the amount for Arrow Global who incidentally got paid before I did.

 

What can I do now? Should I cash the cheque?

 

Many Thanks

[citizenB]

Unless you want to take it to the Financial ombudsman where your complaint will probably take a further 6 - 18 months, then I guess yes, cash the cheque.

 

They are however flying in the face of directions from the FOS and case law. They probably recognise that people wont be up for a fight with them

 

Aside from the fact that you might have had a genuine dispute on the debt which might have meant it was less in value that originally claimed, I guess it is a debt that has been repaid.