Unenforceability General Questions & Answers

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;407504]Hi, Has anyone (or is it possible) to claim ppi back on any cc they have been deemed unenforceable?[/QUOTE]Who deemed it UE and when did you last pay into it? Is the debt still with the original creditor or has it been assigned in totality to a DCA?

The above makes a huge difference so be specific.....

[ATW]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;407504]Hi, Has anyone (or is it possible) to claim ppi back on any cc they have been deemed unenforceable?[/QUOTE]
if a credit agreement is deemed to be unenforceable by a court then it only travels in 1 direction in that the creditor cannot take enforcement action against the debtor. That does not prevent the debtor from taking action against the creditor to recover PPI or unreasonable charges etc. We negotiated such a settlement back at Watsons- The PPI was refunded in full with interest on top and the loan was unenforceable. Double victory.

[MACO]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;407644]Who deemed it UE and when did you last pay into it? Is the debt still with the original creditor or has it been assigned in totality to a DCA?

The above makes a huge difference so be specific.....[/QUOTE]

Thanks for all the replies, I have several cards none of which have been officially deemed UE, but most are over 5 to 6 years and have not been paid into in this time, they have all been asigned to DCA'S. I think there is quite a bit of PPI on a couple of them, but maybe i'm pushing my luck a bit to far. :-)

[PlanB]

Re: Unenforceability General Questions & Answers

[QUOTE=ATW;407714]if a credit agreement is deemed to be unenforceable by a court then it only travels in 1 direction in that the creditor cannot take enforcement action against the debtor. That does not prevent the debtor from taking action against the creditor to recover PPI or unreasonable charges etc. We negotiated such a settlement back at Watsons- The PPI was refunded in full with interest on top and the loan was unenforceable.[COLOR=#000080][B] Double victory[/B][/COLOR].[/QUOTE]

[IMG]http://yoursmiles.org/msmile/fun/m0134.gif[/IMG][IMG]http://yoursmiles.org/msmile/fun/m0134.gif[/IMG]

[PlanB]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;407758] I have several cards [COLOR=#000080][B]none of which have been [B]off[/B]icially deemed UE[/B][/COLOR], but most are over 5 to 6 years and have not been paid into in this time, they have all been asigned to DCA'S. I think there is quite a bit of PPI on a couple of them [/QUOTE]

As per Andrew's previous post the debt would have to be deemed unenforceable [COLOR=#000080][B]by a court [/B][/COLOR]before it would be safe to reclaim PPI especially before you are certain that the debt is statute barred.

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=ATW;407714]if a credit agreement is deemed to be unenforceable by a court then it only travels in 1 direction in that the creditor cannot take enforcement action against the debtor. That does not prevent the debtor from taking action against the creditor to recover PPI or unreasonable charges etc. We negotiated such a settlement back at Watsons- The PPI was refunded in full with interest on top and the loan was unenforceable. Double victory.[/QUOTE]

I think we're more speaking pre-court; in which case assignment is paramount in deciding whether to act or not. Point is, if you do a reclaim when the OC still own the debt you'll not see a penny, it'll basically offset against any existing balance. Thus ONLY if you're certain of full assignment, ie that the OC has sold the debt in totality, can you risk a reclaim because they do not have the authority to add the refund from the OC to your account, so the OC must send it directly to you.

Plus stick to our method on AAD cos it covers you against any claims for admitting the debt when SB occurs. :)

[cymruambyth]

Re: Unenforceability General Questions & Answers

Just to say received over £6k from LTSB for a loan which had and still has over £20k outstanding. FOS adjudicated in my favour and I got a cheque! Only downside is that it put the SB clock back by 2 years....... But they aren't chasing and I'm not complaining :)

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=cymruambyth;407890]Just to say received over £6k from LTSB for a loan which had and still has over £20k outstanding. FOS adjudicated in my favour and I got a cheque! Only downside is that it put the SB clock back by 2 years....... But they aren't chasing and I'm not complaining :)[/QUOTE]then you got lucky cos if there's a ppi refund it always goes to the debt first but can only cover arrears. So if you had a £20k debt; were £3k in arrears (not defaulted yet) they'd pay the £3k off first THEN you'd get any difference.

Its now now written into FOS guidelines and all adjudicators follow process unless it forms part of a bigger complaint in which case the FOS say to pay you direct. I've got a letter from FOS telling HSBC to refund fees into overdrawn account and repay me the difference. I argued no because I refused to pay for other reasons - holding em ransom - but FOS stood firm and said as I was OD the refund had to clear that first.

Wankers lol.

[MACO]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;407816]I think we're more speaking pre-court; in which case assignment is paramount in deciding whether to act or not. Point is, if you do a reclaim when the OC still own the debt you'll not see a penny, it'll basically offset against any existing balance. Thus ONLY if you're certain of full assignment, ie that the OC has sold the debt in totality, can you risk a reclaim because they do not have the authority to add the refund from the OC to your account, so the OC must send it directly to you.

Plus stick to our method on AAD cos it covers you against any claims for admitting the debt when SB occurs. :)[/QUOTE]

Hi Niddy and all, thanks for that, I think Cabot own most of them, so do you feel it may be worth a try?

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;407918]Hi Niddy and all, thanks for that, I think Cabot own most of them, so do you feel it may be worth a try?[/QUOTE]Deffo - but follow our guides so as not to affect SB.... ;)

[PlanB]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;407918] I think Cabot own most of them, so do you feel it may be worth a try?[/QUOTE]

:helloooo MACO

I can't see all of your debts spelt out on the forum so it's a bit difficult to know what to suggest.

If you have cash-flow problems right now then reclaiming PPI may be a good idea, although if your claim gets referred to the FOS this could take a year to sort.

But if some of these old debts could be *live* with a DCA or a debt purchaser then it may be a bad idea to wake them up right now if they've gone silent especially if they are so close to being statute barred :silenced

There's is no generic answer to your original question because it all depends on each deb/account.

If you want to claim PPI refunds because you need the money then first assess the risk (if any) of activating a debt which has gone quiet :shhh

Have you got any creditors chasing you for money or making legal threats right now because a PPI claim may be a useful diversion tactic if that's the case?

[Locke]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;407924]Deffo - but follow our guides so as not to affect SB.... ;)[/QUOTE]

Hi NID, is there a link to these guidelines?

I've got an account with Capital One that has about 18 months to run before SB, I'm expecting it to be sold to Lowell like others have recently so if it is I would be interested in claiming the PPI on it.

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=Locke;425354]Hi NID, is there a link to these guidelines?

I've got an account with Capital One that has about 18 months to run before SB, I'm expecting it to be sold to Lowell like others have recently so if it is I would be interested in claiming the PPI on it.[/QUOTE]You'd not claim anything until AFTER SB occurs matey ;)

[Locke]

Re: Unenforceability General Questions & Answers

While I'm in the questions thread I'm hoping someone can help me with this scenario...

My partner has asked me to pay some money from my current account into her credit card to clear the balance, is it safe for me to do so via internet banking if I have an unenforceable card already with that company?

[Locke]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;425360]You'd not claim anything until AFTER SB occurs matey ;)[/QUOTE]

Nice one mate and thank you for the quick response!

Is it worth paying the £10 and getting all of the statements for the last 6 years now ready?