PPi reclaim or stick with unenforceable

[carlsberg89]

Some advise please. My partner has a barclaycard debt in dispute having followed advise on these forums.
Barclaycard have acknowledge they dont have the records required and have agreed that they are unable to enforce the debt. See carlsberg89 diaries.
However at the time of the original debt a 'payment break' amount was added to the monthly charges (to cover redundancy) and was collected monthly since 2001 until recently when i got involved. She clearly didn't understand the payment as she was made redundant 2 yrs later and never claimed. She actually carried on paying the sum whilst redundant!!
Given recent events, should I go down the ppi reclaim route in an attempt to recover those payments or would this compromise the unenforceable stance we are currently taking. It is entirely possible that the ppi reclaimed payments would outstrip the actual amount owed.
What the best route? Thanks

[Never-In-Doubt]

Re: PPi reclaim or stick with unenforceable

Some advise please. My partner has a barclaycard debt in dispute having followed advise on these forums.
Barclaycard have acknowledge they dont have the records required and have agreed that they are unable to enforce the debt. See carlsberg89 diaries.
However at the time of the original debt a 'payment break' amount was added to the monthly charges (to cover redundancy) and was collected monthly since 2001 until recently when i got involved. She clearly didn't understand the payment as she was made redundant 2 yrs later and never claimed. She actually carried on paying the sum whilst redundant!!
Given recent events, should I go down the ppi reclaim route in an attempt to recover those payments or would this compromise the unenforceable stance we are currently taking. It is entirely possible that the ppi reclaimed payments would outstrip the actual amount owed.
What the best route? Thanks

It all depends if your claim for UE is lesser than your PPI reclaim.

In a nutshell, reclaim the mis-sold PPi if you'd get something at the end of it or don't bother as if there is a shortfall, it'd be paid toward the debt thus affecting statute barred in the process.

Basically, if your debt is say £2k but you think you can reclaim £4k then do it, as you'd get £2k out of it - however if it's the reverse, and there'd be a debt remaining after any refund of PPI then forget it.

So, question time - what is the debt balance and what was the PPi you were paying, do you think it'll be more? Bear in mind if this is an old debt then a SAR will only throw up 6 years of data so be careful with what you decide to do here as you could bring it out of statute - for nothing, if you're not 100% accurate on things.

best of luck

[di30]

Re: PPi reclaim or stick with unenforceable

Hi and welcome

I see our Niddy have posted and know more on these unenforceable issues than myself, but if you do require any help with the PPI reclaiming, please do give us a yell.
Cheers.


Oh and cheers Niddy lol.:niddy

[carlsberg89]

Re: PPi reclaim or stick with unenforceable

Okay so a little more detail. Card taken out early 2001. Payment break insurance started immediately at £24.92 pm. So payments made would amount to circa £3000. Debt on card is £4600 ish. Not sure how much interest would be claimable but I doubt it would be £1600. I wondered whether it would be worth trying to negotiate the full cancelling of the debt in return for not pursuing ppi mis selling. This would get one monkey off our back and safe guard against possible changes in future legislation that may over rule the unenforceable guidelines. What do you think?

[di30]

Re: PPi reclaim or stick with unenforceable

Hi there

I'm sure Niddy will know more on this one if you want to negotiate and not reclaim on the PPI as such, and will explain how it works if it can be done.

[Angry Cat]

Re: PPi reclaim or stick with unenforceable

Okay so a little more detail. Card taken out early 2001. Payment break insurance started immediately at £24.92 pm. So payments made would amount to circa £3000. Debt on card is £4600 ish. Not sure how much interest would be claimable but I doubt it would be £1600. I wondered whether it would be worth trying to negotiate the full cancelling of the debt in return for not pursuing ppi mis selling. This would get one monkey off our back and safe guard against possible changes in future legislation that may over rule the unenforceable guidelines. What do you think?

Why not set out all you ppi premiums on a spreadsheet that will calculate the contractual interest owed, on the PPI premiums?
After which you can make your decision.