Blackhorse ppi reclaim and puzzling offset claim - help wanted

[wee stu]

hi all,

looking for a bit more help if you don't mind,as am not quite sure what to do about an offer i got??.

 

took out a home owner loan against house in 2005 and when we had sold the house we thought we had paid off the debt in full

as they had lifted the loan off the house in order for us to sell it,

 

after claiming back the ppi the company have said we still owe them nearly £900 which will be coming off the balance.

 

what i don't quite get is, we haven't heard anything from them since we sold the house in 2007.

 

can they still take this from us?????,

 

would this be classed as statue barred as i live in scotland and it's past 5 years????.

 

just don't know what to do about it,

 

any help would be much appreciated.

 

thanks

[wee stu]

no one any idea's on the above situation please,or will i just need to collect what i'm given and be done with it????????

[PPIGA]

The Limitations Act is 6 years, not 5 (EDIT: unless in Scotland).

 

You can request a Subject Access Request (SAR for short) from your lender for a nominal fee, which will help identify all loan, credit card and mortgage information they have on file for you. From this, you should be able to see your payments towards your loan, and make sure that you definitely do owe this money.

 

Consider phoning your lenders PPI department (if they have one), and ask why it's only just come up now for your own piece of mind too. But this is quite common and yes, they are within their rights to request that money from you from your PPI claim amount. But be sure to check the figures - they got it wrong and haven't ever asked for the money until now, and they again could have got it wrong and are asking for money you've already paid back.

 

As to whether this falls in the Limitations Act (i.e. statute barred), I don't THINK so but I would have this 100% confirmed by discussing with the Financial Ombudsman Service.

Edited September 24, 2013 by PPIGA

[dx100uk]

this is the 2nd poor post by you a supposed PPI action group

 

statute barring in Scotland is 5YRS!!

 

and any debt is TOTALLY extinguished

not owed dead

 

in E+W its 6YRS, but the debt remains collectable

but they cannot enforce any court judgement.

 

ONCE a debt is SB'd NO-ONE not even a judge can unbar a debt.

 

as for phoning the lender - NO you need a paper trail.

 

as for off setting [if the debt is legally owed]

sorry but unless the creditor has sent a NOSIN [notice of sums in arrears letter]

 

then they cannot offset against any alleged debt.

 

lastly please do not indicate CAG member should contact any CMC firms

do it yourself for FREE.

 

dx

[dx100uk]

hi all,

looking for a bit more help if you don't mind,as am not quite sure what to do about an offer i got??.

 

took out a home owner loan against house in 2005 and when we had sold the house we thought we had paid off the debt in full

as they had lifted the loan off the house in order for us to sell it,

 

after claiming back the ppi the company have said we still owe them nearly £900 which will be coming off the balance.

 

what i don't quite get is, we haven't heard anything from them since we sold the house in 2007.

 

can they still take this from us?????,

 

would this be classed as statue barred as i live in scotland and it's past 5 years????.

 

just don't know what to do about it,

 

any help would be much appreciated.

 

thanks

 

you need to write to the company concerned and ask them for PROOF they have sent you a notice of sums in arrears leter within the last 6mts.

 

if the have not

they have broken published industry guidelines

so cannot off set willy nilly.

 

please name the company.

 

dx

[wee stu]

thanks dx for the input,

 

will have a letter drafted up for this tonight.

 

i already have the SAR and they said on it that it was a write off in 2009.

 

they have a statement in my account that they sent to an old address in 2009 but the flat was demolished in 2008.

 

the only thing that i can think of,

on what they have done is

 

when they gave us the settlement figure to pay the loan off (which we thought we had) they have not written off the rebate

and it has gather interest from 2007 till 2009.

 

as there was a LOT of interest charges during this time.

 

they say they are taking the £900 to offset a LIVE loan.

 

(which we don't have with them.)

 

COMPANY IN QUESTION IS BLACK HORSE

[dx100uk]

so they suddenly decide just because you want to reclaim the PPI

 

thatthere is a debt, yea ok.

 

if the debt was settled then the agreement is ended.

and they certainly cannot charge int nor penalty charges if there was a small rebate issue.

 

you need to go through that sar with a fine toothed comb.

 

and send that letter off

 

dx

[wee stu]

yeah,that's what my thoughts were.will get letter wrote out tonight and post 1st thing in the morning.

 

there was no penalty charges between 2007 and 2009 just interest kept mounting up.surely there should have been some charges showing on the account,if they were trying to get there money back like lawyers letters or something????

 

thanks for all your help buddy