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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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jon8214

KPMG trying to offset debt to Lantern

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Hi CAG, I have received a redress email from KPMG ref redress due to me from an old WDA account.

 

I did have an account with WDA which went into arrears and was sold to MM/Lantern. The debt is now stat barred and MM/Lantern have written the debt off as such.

 

kPMG are stating that they will set off the amount of my redress to MM/Lantern.  I have complained to them about this and await their reply.

 

I am aware of the normal set off rules but does this apply to companies in administration? I can’t attach the section of the letter now as I’m on holiday but as far as I’m aware a company cannot off set a debt once it’s been sold to a 3rd party company, am I correct in this thinking?

 

thanks

 

 

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Depends if there is an outstanding balance.

You cant be refunded something you didnt pay.

 

 


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Cheers DX, what I paid was more than the initial loan 

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Posted (edited)

I do have it in writing they have written it off, it’s approx £1k

 

even though I realise I’ll only get pence in the pound for it

Edited by jon8214

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Posted (edited)

Yes zero

 

Cheers FK, I’m gonna fight it

Edited by jon8214

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Statute barred, after an SB letter from me 

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SB doesn't mean the debt is still not owed in E&W!!

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I know that DX, but the thing I’m on about is a company trying to off set a debt against a debt that is now owned by a 3rd party

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This may help:

But if the debt was sold on to a third party and it cannot be bought back, or the business chooses not to buy it back, we might take a slightly different approach. That is because the consumer does not owe the business money - it owes money to the third party that bought the debt instead.

 

When selling the debt the business made a commercial decision and accepted an agreeable price for the debt.

 

In those circumstances, we would usually tell the business to calculate the compensation as normal at the point it sold on the debt - and to pay all parts of the compensation to the consumer.

 

The business should also consider the possibility that the consumer might have incurred further losses since the debt was sold on as a result of PPI being included on their debt.

 

https://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

 

It is near the bottom of the page so you will have to scroll 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I would also say that under common law the obligation is still with the original creditor, as it is unaffected by the sale.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If he physically paid the sums they want to offset then no it must goto t to him.

but if its just notional stuff they wrote off then no.he is not entitled to it.

Jon..you indicate you paid more than the initial loan..what do you mean?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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The total of the loans I took was 1100 I paid back 2200 but I defaulted on 800 apparently, the amount of redress I’m being offered Is 1400 

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total loans with interest was £1100 or was that what you borrowed and int is on top of the £1100..so what was the actual figure you should have paid if the loans had run their natural course and been paid on time?

 

this £800 could be these unlawful charges etc they levied at the time so you didn't actually pay them,

they are now after the ruling [like an IRL complaint] having to 'give them back' 

so £800 is not yours you never paid it, they simply levied it at the time...

 

the remaining £600 puzzles me, if they are saying they made you pay £600 too much then that's surely yours..you did pay it and they cant offset to anyone. if you get my weird logic


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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From my views here - When i wrote the IRL Guide originally i included the part about the FOS and their guidance.

It can be retrospectively used for IRL.

You should be entitled to all the money back.

 

But with the Administration are you actually going to get back £1400??

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Yes, I agree, all money paid plus 8% on the premiums paid and any contractual interest due to the account being overdrawn (nominal account in credit)because of unpaid premiums,. 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If you make a fuss and insist the money is paid to you they may agree to save any hassle. 

 

If this redress was awarded through the FOS though, I'm certain they would have told the business to clear the debt they sold before any redress gets paid to you.

 

They have a different approach on Payday loans compared to PPI, it's about putting you in the position you would be in if you didn't take any loans out.

 

Lots of examples on the decision database of them deciding the lender should buy back the account or pay redress to the third party. I don't agree with it but it is the approach they take.

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