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Hello all!

 

My question is,

 

if I make a claim for PPI against a credit card that I defaulted on back in 2006,

that is still with the OC,

are there any arguments that can be raised to prevent them off-setting any settlement sum against the outstanding debt?

 

I haven't paid or acknowledged the debt by the way.

 

All thoughts appreciated!

 

Figgydoody.

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If the account is still with the OC then they do have a right of set-off.

 

The only slim chance is if you can prove hardship but that will only be a slim chance.

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1. Single Premium PPI Q&A Read Here

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4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

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Hello all!

 

My question is, if I make a claim for PPI against a credit card that I defaulted on back in 2006, that is still with the OC, are there any arguments that can be raised to prevent them off-setting any settlement sum against the outstanding debt? I haven't paid or acknowledged the debt by the way.

 

All thoughts appreciated!

 

Figgydoody.

 

If you have not paid or acknowledged the debt it is statue barred or very nearly

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thank you for the replies.

 

What exactly would you have to prove re hardship? And why would it only be a slim chance on the hardship argument?

 

I was thinking along the statute barred lines, because if the debt is no longer enforceable then that extinguishes their right to set-off surely?

 

Figgy.

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only if you are in Scotland [5yrs]

 

in E&W even if the debt is SB'd it still means it 'exists'

 

so the OC can off set.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes as dx says.

 

Remember Statute Barring only means that court action cannot be taken for the recovery of a debt. All other methods are effectively still open.

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.

 

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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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Okay, so if the statute barred argument won't prevent them from off-setting, will the hardship argument prevent them from doing it?

 

As said there are no guarantees but you could try it.

 

How much is the debt and how much is the PPI claim?

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

 

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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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you try and claim the PPI there is a chance, because it is sorted out by different departments, they will send a cheque anyway.

 

At this stage what have you got to loose, you don't have the PPI money, you do have a debt. If they use the money to pay towards the debt you will have a smaller debt, if they send a cheque, great, it doesn't matter how old the debt is it still exists.

 

I have successfully claimed PPI from 3 different lenders ALL of the loans were in default at the time and ALL sent me refunds by cheque, in fact the Tesco Loan PPI refund letter advised me they were going to use the money to pay towards the debt but I received a cheque in the post the next day.

 

Go for it, you've got nothing to loose.

 

AS

Idem/ACM and RBS Lombard Full refund of fees.

Blackhorse Car Loan Full refund of fees without argument.

Argos store card (Home Retail Group) are fighting back. see my posts.

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I wasn't thinking that there are any guarantees, just looking at what arguments might be raised.

 

I have more than one credit card that is still with the OC but they were all defaulted on in 2006. Why are the amounts of the debts and PPI relevant, surely if the hardship argument can be proven it isn't contingent on the sums involved, or have I misunderstood something?

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Just following through really that's all.

 

If the value of the claim is greater than the debt then you will get the balance after any set off anyway.

 

As said by alienskumm, the department dealing with PPI might not notice you have a debt due to them. You might get lucky.

 

For hardship you would have to sit down and prepare and I&E statement to see what's what and then submit to the bank.

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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Share on other sites

AK....loans are diff to credit cards.

 

on a loan you have actually paid the PPI.

 

on a credit card, if there is an outstanding balance

that will be part made of the PPI levied plus card interest

 

in effect it is NOTIONAL only as you NOT actually PAID it yet

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
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