Monument paid PPI refund to DCA on sold card debt - help!!

[almdhussain]

HI

I applied for the PPI from Monument and i had an outstanding debt which was very old, they sent out an letter to claim PPI and i have applied online.

 

Now i have received an response from the they will be adjusting the money towards my debt, I have attached a copy from them, can you please guide and advise what would be the next best step to get the Ppi

 

PDF uploaded

monument reply.pdf

[dx100uk]

sorry what is you problem then?

 

 

that's a std letter from monument by the way

had the same only 12yrs ago

but ofcourse the FOS have decided several times now it IS PPI but that's not the issue?

 

 

so why are you not happy with it?

[almdhussain]

Hi Dx

They say they will adjust this against the debt,

 

i want to know if they are allowed to do it?,

 

am i able to claim all the monies(PPI) from them,

 

do i have to complain thru FOS?

 

want to know how to proceed from here?

[dx100uk]

if they still own the debt

yes they can offset against it

nothing you can do about it sadly

[almdhussain]

Hi Dx

 

The debt is statue barred, can they still use it to offset my debt?

[dx100uk]

yes if they still own it

 

 

in E&W a statute barred debt still exists

just that any judgement anyone might get in court cant be enforced

so they don't bother.

 

 

dx

[almdhussain]

Hi Dx

 

I have proof that is attached stating that they do not own the debt,

 

please see the attachment and advise.[ATTACH=CONFIG]65619[/ATTACH][ATTACH=CONFIG]65619[/ATTACH]

 

Sorry i am having problems with the attachment uploading,

 

it says that the debt was sold to Arrow Global in Dec 2014, so what should i do now?

Edited November 14, 2016 by almdhussain
problem with attachments

[dx100uk]

attach as PDF's

follow upload

[almdhussain]

Sorry i am having problems with the attachment uploading, it basically says that the debt was sold to Arrow Global in Dec 2014, so what should i do now?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?312868-PPi-refunded-to-DCA-***WON***-Repaid-direct-!!

[almdhussain]

Hi

I have recived £400 out of 2.6k,

when i called Monument they told me that according to terms and conditions they are setting off the balance to the DCA.

 

I have read the thread by nutter192 and written a letter to them and yet to receive a response from them,

also asked for the written confirmation about the setting off the debt to Arrow Global.

 

Even though FOS says they cannot offset to a different company but Monument insists they can,

i am thinking of putting in a claim to get the balance, i shall be sending in LBA's soon.

 

Any advice on this matter is much appreciated.

Thanks

[dx100uk]

no harm in ringing the FOS now and asking their opinion.

 

 

they might help before you need to pop their FOS CQ into them

[almdhussain]

Hi Dx

sorry been away, yes i shall call fos and ask them, Monument address is below woody.

 

Monument Customer Services

51 Saffron Road

Leicester

LE18 4US

[almdhussain]

HI guys

I have recieved an email from the fos adjudicator and they have told me that Monument has not done anything wrong by offsetting my debt even though they it is not owned by them?

 

this is new for me as i have read in the forums they cannot do it but the fos agrees they can,

 

can anyone help as i have to prepare and fight for this one, the letter that i have received from fos the text is below

 

""your complaint about R. Raphael & Sons Plc (trading as Monument)

 

Thank you for waiting while I’ve been looking into your complaint.

 

I’ve now looked at all the information that you and Monument have given me.

 

Based on what I’ve seen, I don’t think that Monument has done anything wrong – so I’m not asking it to do anything else.

I’ve explained why below.

 

your complaint Monument paid you a refund for the Payment Break Plan (PBP) attached to your account.

 

The refund was applied against your debt, which is now owned by Arrow Global.

The surplus was paid to you by cheque.

 

You believe this falls out of this service’s guidelines, and that the whole refund should be paid directly to you to pay off “as required or as I see fit”.

 

You’re also unhappy that Monument has not followed this up in writing after discussing the matter over the phone with you, and that it has not provided confirmation of tax paid on the refund.

 

I can only consider the complaint about Monument.

my findings

The guidance that you are suggesting Monument is in breach of is an issue of Ombudsman News dated September/October 2004.

It does not concern refunds.

 

Your assertion that Monument’s final response letter dated 9 November 2016 “admitted the Payment Break Plan was mis sold” is incorrect.

 

Monument very clearly stated at the top of that letter that “Without admission of liability, and as a gesture of goodwill, we are prepared to adjust your account”.

 

So Monument’s offer was made as a gesture of goodwill.

That’s important.

 

It’s quite possible that this PBP was not mis-sold and that you should really not be due any refund.

 

Indeed, I’ve not seen any information suggesting that you were mis-sold the PBP.

 

So it is to your benefit that Monument has refunded you these amounts as a gesture of goodwill.

 

Do I think that Monument acted unreasonably in offsetting the debt? Not at all.

 

It’s worth noting that in accepting this offer you agreed to the terms of it – most specifically, that “Any adjustment is offered without admission of liability and as a gesture of goodwill.

No conditions can be placed on the offer by any other party.

Any monies still owed from the original debt will be offset by the adjustment”.

 

But even without this cause, I can’t agree that Monument has acted unfairly.

 

Firstly, it’s paid you a refund that as far as I can see there was no reason for it to pay.

 

Secondly, this has benefited you.

It has not only cleared your debt but resulted in a further payment direct to you.

 

Monument has not acted at all unreasonably in paying the refund this way and I will not be asking it to do anything else.

 

Monument’s position is set out very clearly in its final response letter and was further explained to you by telephone.

 

In that sense, I’m satisfied it has addressed your queries.

 

Concerning the tax paid on the refund, this is very clearly explained on Monument’s final response letter.

 

I’ve included the relevant sections below:

what happens next If you don’t want to take your complaint further, you don’t need to reply.

 

But if you don’t agree with what I’ve said, please let me know why by 25 August 2017.

 

I’ll look at any new information you give me and let you know what I think.

 

If we don’t hear from you by 25 August 2017, we might not be able to look at your complaint again.

 

So if you want to reply but you think you’ll need longer, please tell me as soon as possible.

 

In every case, both the business and their customer can ask an ombudsman to make a final decision.

 

If you have any questions, please get in touch.

Yours sincerely""

[dx100uk]

then you now need to prove it was mis-sold, in otherwords they were wrong to levy it upon you.

 

 

look at the T&Cs of PBP and find where you are not entitled to it. you did not meet the requirements.

 

 

that way it will over turn the GOGW and then they must refund you directly.

 

 

dx