PPI Claim with a statute barred debt owned by DCA

[Thingumeebob]

Hi all,

 

I used to have a credit card and paid a large amount in PPI for several years.

I'd now like to claim back that PPI as, not only was it forced upon me,

but it was useless in my circumstances anyway (self-employed, claim was denied).

 

Unfortunately, that credit card had a large outstanding balance when my income plummeted and was ultimately passed through several debt collection agencies.

The debt is now owned by a notorious DCA (statements mention a date of "assignment").

 

the debt is statute barred, I haven't acknowledged the debt or serviced it in any way ..

. although I haven't written to the DCA, so I still receive endless letters about it.

 

The problem is,

I've read about a lot of PPI claims being successful, only for the refund to be sent to the DCA.

I'd rather not make a claim at all, than do anything which will profit this particular lying, manipulative, deceitful, apology for humanity.

 

So, with all that in mind,

I thought it would be worth getting in touch with the DCA and trying to settle the debt for a tiny amount.

The idea being that with the debt satisfied, the DCA would have no claim to any PPI refund.

 

This worries me though, as I've read about the clock being reset on a statute barred debt,

by either an acknowledgement of the debt or a payment of the debt.

 

So ... umm ... that's about where I'm at.

 

Does the DCA have the right to a PPI refund with a SB'd debt?

Is it worth trying to settle the debt? Would this make a difference for PPI claim purposes?

Is it risky to contact a DCA offering settlement? Would this reset the time limit?

 

It would be great to hear of anyone else who's been through this situation,

particularly with barclaycard, and obviously any advice anyone has generally would be gratefully received.

 

Thanks!

 

Bob.

[renegadeimp]

Since its sold on, the full reclaim must go to you. The dca cannot touch it. If they do, get reporting it.

[Thingumeebob]

Thanks renegade,

I hoped that would be the case but I read of several instances where the payment was sent to the DCA.

 

 

[links removed]

Edited March 9, 2015 by dx100uk
dx

[Bazooka Boo]

Once a debt is SB NOTHING can ever unbar it.

 

Although I am a little rusty as to reclaiming PPI on a SB account?

[Thingumeebob]

Thanks Bazooka, you echo exactly what dx100uk told me - once statute barred, always statute barred. Unfortunately there's suggestion otherwise out there and, frankly, I didn't know who to believe. It'll come as no surprise to you, but - CAG 1, ROW 0. I'll hang my infidel head in shame ...

 

Limitation Act 1980, section 29, part 7:

 

" .. a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

 

Excellent!

 

I'm still trying to get my head around the possibility of a PPI claim being paid to either a DCA or being retained (offset) by the original creditor. In my case, the PPI claim would be less than the SB'd debt, but more than the debt were it not for some very heavy interest and penalties. I don't know if that makes a difference, but i've just read Stacey30's "Shop Direct Want To Offset PPI To DCA - help" thread (where a company buys back a debt to then offset a PPI refund before selling it back to the DCA), and there's clearly more to consider than I realised. Maybe settlement with the DCA, given it can be negotiated without fear of reprisal, is the way to go? Would a full and final settlement stop the potential of a PPI refund being offset?

[Bazooka Boo]

Wait!.

 

The debt is SB, end of.

 

There can never be any suggestion of a F&F payment on a debt that is time barred.

 

AFAIK, ppi is a separate agreement with it's own T&C's and % rates, so cannot/should not be used to offset on another agreement, even if it was set up & arranged in conjunction with that 'other' agreement, technically they are two separate accounts.

 

Like I say, PPI claims on running accts are easy, but claims on SB accounts I'm not clear on......

[dx100uk]

the claim for PPI will be to BC

 

 

we have seen BC buy back debts and offset the PPI

which they can do even on an SB'd debt.

 

 

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

just cant threaten or enforce in a court

they can ASK for payment

you can ask them to go away

 

 

dx

[Bazooka Boo]

There you go, I knew someone would clear that up for me....

 

Cheers DX

[geee]

There you go, I knew someone would clear that up for me....

 

Cheers DX

 

Sorry I don't get it?!

 

Can I claim ppi from stature barred debts that have been sold to DCA's?

[renegadeimp]

Of course you can. Ppi is the responsibility of the oc. Not the dca

[Old Cogger]

crazy situation = a Debt buyer buys an alleged debt which they state they own outright right/responsibilities of the said debt, then if PPI in the figure they bought they say it is the OCs responsibilities,? they bought the rights and responsibilities sounds a bit double dutch

[geee]

Of course you can. Ppi is the responsibility of the oc. Not the dca

So if I try and claim back PPI they can't re open the case and chase for money?

[dx100uk]

as post 7 its SB'd they cant

[geee]

as post 7 its SB'd they cant

 

Ok cool thanks DX

 

I have one last question for you...

 

My partner had 2 CCJ's placed but they were never paid as the claimant never came looking to recover the money themselves, only very loosely by a DCA.

is it still safe to claim PPI in their situation?

 

Believe me we paid more than we owed by some tune so trying to get some back..

[dx100uk]

theres only one reason why you cant reclaim ppi

[as it goes to the trustee]

 

 

bankrupt or IVA or DRO etc

as its considered an asset that should have been declared

[Guest]

crazy situation = a Debt buyer buys an alleged debt which they state they own outright right/responsibilities of the said debt, then if PPI in the figure they bought they say it is the OCs responsibilities,? they bought the rights and responsibilities sounds a bit double dutch

also. if things get a bit tricky, for whatever reason, on a bought account, seems they sometimes just send it back to the o/c. some kind of return option maybe?

[Old Cogger]

must be a clause in sale agreement!

[Guest]

must be a clause in sale agreement!

it would be interesting to know. there seems some cases where they've 'given up' and sent the bought 'account' back to the o/c?

maybe there is a dca/creditor whistleblower out there who can enlighten us as to the usual terms of a sale/assignment.

[geee]

MMMMMMM

 

Maybe I shouldn't claim it back?????

[Guest]

MMMMMMM

 

Maybe I shouldn't claim it back?????

i see what you mean. re post #7.

if its barred its barred, so that wont effect things.

but, if they take it back, award ppi recompense and can offset it on a barred debt, then you wont actually get any payment or 'recompense' (as its barred anyway which doesnt require settling)

[geee]

I could defo do with finding out for shaw as I could get a fair bit back

[dx100uk]

you need to read carefully

if the original creditor buys back the debt

if its been sold

then yes they could offset the PPI

as said a statute barred debt in E&W simply means no-one can do court.

[geee]

you need to read carefully

if the original creditor buys back the debt

if its been sold

then yes they could offset the PPI

as said a statute barred debt in E&W simply means no-one can do court.

OK cool, I think I've got it now..

Excuse my dumbness!!

So if I claim ppi refund in a stature barred or CCJ old debt the worst that can happen is I don't get a penny and it gets offset against the outstanding debt?

But they can't reopen or chase again for the debt?

[dx100uk]

once a debt is statute barred nothing can unbar it.

[Pick350]

I have a Egg card debt that was bought by DCA then DLC and now another company, I'm still paying it now. I'm claiming PPI who will the money go to them or me. It dates back to 2005.

 

Any help would be welcomed thanks.