PPI Reclaim

[fletch70]

Hi

 

I have seen recently a couple of references to the £1 fee for a s77-79 request.

 

First one was in a rather ambiguous letter to a complaint I made to RBS and the other on another website . Both said that the fee is not necessary .

I have asked RBS to clarify that point as well as other points they conveniently glossed over but RBS being RBS I have yet to get a reply and no doubt they sail their own ship. The other website, well they have some rather strange ideas about peoples rights so I take it all with a pinch of the family salt.

 

The question is...has there been any change in the legislation with regard to the fee?

[Bazooka Boo]

No there has been no change to the rules.

Depends what you are submitting a CCA for?

 

If it is for an overdraft then they are correct, of it is for a credit card/loan or a current account then they are wrong.

[fletch70]

Thanks, that is what I thought. As I say , the letter from RBS was rather ambiguous and suggested they didn't require it anymore but with them who knows. No doubt if you didn't send it they would insist on it. As for the other website, well they do not know how to deal with debt

[Bazooka Boo]

Overdrafts have part V exemptions from the CCA, so a CCA request for an overdraft will be pointless.

[fletch70]

I know which is why I hadn't mentioned overdrafts . Only S77-79 agreements

[Peterbard]

There is on requirement for them to charge a £1 fee of course, as long as they give you the information they can charge anything they like as long it as it is not over the statutory fee, including nothing.

 

Section 173(2) of the act says that contracting out is forbidden if it imposes an"additional duty" on the debtor or hirer, so they can do it for free if they like, as long as they comply. Not accepting the fee does not absolve them of the duty under the statute.

[fletch70]

Dodge

So to clarify

They can charge what they want so long as it is no more than the £1.

In other words some may choose not to charge at all but if they don't charge they are still bound to provide the information

[Peterbard]

Dodge

So to clarify

They can charge what they want so long as it is no more than the £1.

In other words some may choose not to charge at all but if they don't charge they are still bound to provide the information

 

Yep, thats it,

 

Including a term in o contract, or a creditor doing something that is contrary to the statute is called "contracting out", it is expressly forbidden if It prejudices the debtor or hirer.

[fletch70]

Thank you Dodge

 

And thanks for explaining the funny words:-D

[fletch70]

Not sure if this is in the right place but here goes

 

My estranged wife died in 2012 and the money in the bank was released to me. There was no probate and the bank paid the funeral directors. The money released did not cover all the expenses such as a small 'do' after the funeral, headstone, costs involved in clearing the house and rent owed to the council as well as 30 minutes with a solicitor.

 

Anyway, last year I made a complaint about a loan I believe was miss sold and also a PPI reclaim.

 

The PPI reclaim came back with an offer which I accepted back in October but nothing happened so late November I made a complaint. Today they have written back saying this money has been offset against the outstanding balance on the credit card - While morally I see their point is this legally correct as I am still out of pocket from the legitimate costs although proving it now might be difficult.

 

With regard to the loan, they have refused to discuss this with me unless I get probate or letters of administration- clearly at this late stage that might be difficult and expensive and possibly futile - again should I fight this?

 

This is all under English law, I am a little confused. At the time of her death I wasn't dealing terribly well with life  due to well documented problems, so records are a little shaky  

[dx100uk]

they shouldn't be offsetting a Loan PPI reclaim against a unrelated credit card debt.

 

dx

 

[fletch70]

Sorry my mistake for not making it clear.

 

The PPI was on the credit card 

 

They refused to discuss the loan unless I had probate 

 

Although estranged for some years we were still married 

[slick132]

Hi Fletch,

 

Your "estranged" status doen't matter in this instance. You were still married but that gives you no automatic right to act after death.

 

If there was no will appointing you as Executor of your late wife, the bank are right to ask for Letters of Admin or Probate to show who is the right person to deal with her affairs.

 

If the PPI was set off against an unpaid balance remaining on that same credit card, then I think the bank are within thier rights.