PPI Refund on a very Uneforceable CC Debt?

[BelstarBomb]

An OC attempted to take me to court 3 or so years ago over a credit card debt. They had sent 3 defective default notices (date issues), the DN's themselves included mis-sold PPI.

 

It went to court with the judge awarding me costs and giving the OC 40 days to cough up the legal agreement. 4 months later it finally turned up, reconstituted without the T&C's within the signature box and I wrote to the OC and the court quoting Res Judicata. The court stated my letter should rest on file and heard nothing from the solictors/OC in over 3 years.

 

Recently got a letter from the OC saying that they have finally upheld my complaint for missold PPI. Sent the form off to find that they have applied it to my 'arrears'.

 

Have just written to them telling them that that is totally unacceptable

 

I know that they have the right to offset an account if their are arrears and I also know that if the debt has been sold on, they have to pay the funds direct to me.

 

However, what isn't clear is what happens in situations like this where it has gone to and through court and is unenforceable on so many counts.

 

Does anyone know?

 

Cheers,

 

Bel

[silverfox1961]

Hi

You have fallen into the trap of misunderstanding 'unenforceable' and 'no debt'

 

Unenforceable means that a creditor cannot force you to pay the still existing debt via the courts.

 

The debt is still owing so they can offset the arrears with the PPI

[BelstarBomb]

I know, I know Silverfox.

 

I think I was angry and frustrated with myself to be honest.

 

I had gotten myself confused thinking that they had sold this on but it turned out that they hadn't. I think as I had also thrown the PPI at them during the court case, they probably had an idea that this might be coming hence the reason it has been sat with Restons for 3 and half years!

 

I reminded myself this morning that my ultimate goal is to have every priority debt paid off - this one just wasn't on my priority list, but at least it's a debt paid down.

 

I have pointed out to them however that the calculation did not include statutory interest at 8% so at the very least they should cough that up as I know that that can't be applied to the balance - that should be worth a couple of hundred pounds at least!

 

Cheers,

 

Bel