PPI - statute barred debts sold on with NOA

[cleo4patra]

Trying to ascertain if it is possible to claim back PPI on statute barred debt that has been sold on with Notice of Assignement please?

 

 

Have some imminent SB that I have paid PPI on (unenforceable in the main exc ept EGG credit card)

 

 

many thanks

[oleg]

Not sure why you mention NoA

- it's immaterial here

- but you can claim after S B.

 

 

What do you mean by unenforceable except egg ?

 

 

All S B debts are unenforceable.

 

 

Be aware that some OCs may attempt to send the repayment to the purchaser.

Don't let them.

The proceeds are yours.

And make sure to use the spreadsheet on this forum and get your calculations checked by others here unless you're absolutely certain.

 

 

I trust you are waiting for S B date to pass before reclaiming?

 

 

That would be best,

to avoid any possible tangles involving the purchaser.

[gregs07]

Yeah go for it, have you got statements etc? Cos after 6 years it's likely the OC will state they've not got the records off your ppi.

[dx100uk]

matters not if the debt has been sold

matters not if the debt is/is not SB'd.

matters not if its un-en or not

 

 

get an sar off

get all the statements.

 

 

dx

[cleo4patra]

matters not if the debt has been sold

matters not if the debt is/is not SB'd.

matters not if its un-en or not

 

 

get an sar off

get all the statements.

 

 

dx

My Egg agreement I understand to be enforceable - has been sold on to DCA and

I have a copy of the Notice of Assignment(s).

EGG SB imminent .

 

 

My understanding is that if it's sold on with NOA the refund would be mine and not offset against the debt?

 

 

otherwise the refund would be offset against the debt therefore constituting a payment and re-starting the SB clock again??

 

 

I am talking substantial amounts so is it best to SAR first?

[oleg]

Your first post "some imminent S B" and last - "substantial amounts" - both implied that you have maybe several.

 

 

On that basis I suggested waiting until absolutely sure the bar date had passed.

It also led me to assume that you had relevant statements or other evidence. Now it seems you don't.

 

In that case, SAR is your first step. This won't affect sb status.

 

We've already told you twice that when the debt has been sold, the O C is not entitled to pay your refund to the assignee and S B status is irrelevant.

In some cases, O C has been known to try this wheeze but backed down when challenged.

 

If you have accounts other than Egg that you need guidance about reclaiming on,

could you clarify by giving brief summary of the position for each please?

 

 

Are the O C still the owners or have they been assigned?

 

 

Do you know exactly when they will become S B?

[cleo4patra]

Apologies for being vague and for you having to repeat yourself. I have retrieved relevant paperwork today as recently moved home. Egg I believe last payment was 6 years ago today (2008) but I need to throughly check this and will need to send SAR request as I don't have statements. Sold on to Aktiv and I have NOA for that. final balance £6k+ . I need to calculate how much PPI I paid - hence SAR needed.

 

Yorkshire Bank - last payment/acknowledgement late September 2008 £9k+ I have statements as I have SAR previously. Sold on with NOA.

 

many thanks

[cleo4patra]

can you post a link to the spreadsheet please - just so I can familiarise myself with it as my priority is as you say to make sure SB date passed thanks

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

You will find all the spread sheets in the link above.

 

If this debt is statute barred, you might still find that the original creditor will make attempts to offset it against the account. Unfortunately even the FOS have been siding with creditors in this respect.

[dx100uk]

egg [Canadian square will offset to the debt buyer even if statute barred

 

 

dx

[cleo4patra]

Just been checking some paperwork. YB have taken the £10 SAR request fee as a payment!! last true payment was Sept 2008 £10 SAR fee paid Feb 2009 shows up on statement as a payment . Crafty.

[hillards]

egg [Canadian square will offset to the debt buyer even if statute barred

dx

Not if you can't get any sense out of them and have to take them through the courts... http://www.consumeractiongroup.co.uk/forum/showthread.php?421670-Hillards-v-Egg-reclaim-charges-PPI-query

[hillards]

Just been checking some paperwork. YB have taken the £10 SAR request fee as a payment!! last true payment was Sept 2008 £10 SAR fee paid Feb 2009 shows up on statement as a payment . Crafty.

 

Did you specify in your SAR that the payment was only to be used for that purpose...? Lots of similar threads around where people have been advised to put that in the letter, to make sure they cannot mess you about claiming it is a payment against the account. I always state that and add in something about if payment is not required to return the cheque. ;-)

[cleo4patra]

mistake sorry! see below

[cleo4patra]

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.this is copied and pasted from original letter so no I didn't - however surely this is a misappropriation of said fee??

 

 

thnks

Did you specify in your SAR that the payment was only to be used for that purpose...? Lots of similar threads around where people have been advised to put that in the letter, to make sure they cannot mess you about claiming it is a payment against the account. I always state that and add in something about if payment is not required to return the cheque. ;-)

[hillards]

I enclose the statutory maximum fee of £10.

Which told them it was the fee for the SAR, so they should not have taken it as a payment. Probably too late to complain about it now, but worth remembering if they try to use that in denying the debt to be statute barred.

[cleo4patra]

Yes this was at the time when I was naiive and didn't realise this sort of thing took place. More recently I wrote to a DCA who did the same with £1 CCA fee but I wrote and disputed it.

 

I will try and claim on this YB as I know the last true payment was in September 2008 ( not counting the misappropriation of the £10)and this ties up with the final balance. Marlin also wrote to me agreeing the "agreement is unenforceable". I only have stements as far back as 2003 but the account was opened in 1984. I paid for this for at least 5 years .

 

My worry is though how would this be worded to avoid acknowledging the debt /re-starting the SB clock again??

Edited November 22, 2014 by cleo4patra
omission

[cleo4patra]

thanks - I have had a look!!!! crikey. I am going to have a go at completing a spreadsheet. I have four/five years worth of statements which clearly showed my premiums. which one do I complete and on I am unsure which interet rate to put in - thanks

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

You will find all the spread sheets in the link above.

 

If this debt is statute barred, you might still find that the original creditor will make attempts to offset it against the account. Unfortunately even the FOS have been siding with creditors in this respect.

[dx100uk]

what type of account card/loan or bank account?

 

 

dx

[cleo4patra]

Yorkshire bank Visa credit card - paid loads of charges also

what type of account card/loan or bank account?

 

 

dx

[dx100uk]

might be better to start a new thread

as info comes thru for each of the reclaims.

 

 

ideally for a credit card

you should use the FOS running sheet.

 

 

however you could use the FOSCISHEET.

 

 

put their APR in cell d 15

 

 

then input each PPI payment

from the statements

on a new line [row] for each one

 

 

the sheet does the rest.

 

 

dx