Lloyds/Bennets query

[Never-In-Doubt]

Re: Lloyds/Bennets query

though any PPI refunds should always be paid to the customer and not offset against any debt with lender. They can ask if it can be credited towards account although you have right to argue that attempts were made to arrange payment of debt but were ignored etc

nooo that's not quite accurate matey. If there's a balance they can offset. The exception is if it's been assigned in which case they'd not be entitled to offset.

I would check for a full NoA - via SAR. However for the same respect, I'd send the SB letter and wash my hands as anything done now is really a waste of time.

[Never-In-Doubt]

Re: Lloyds/Bennets query

Di,

If this is over 6yrs from last payment DO NOT accept any reclaim as it will achieve nothing.

Let it go. Send the SB template. It's finished.

That's what I'd do. The reclaim is pointless and a wasted exercise sadly based on the fact it's already SB'd

[di30]

Re: Lloyds/Bennets query

Thank you for your input folks.

I think the reclaim has opened up a can of worms to be honest now.

And he emailed recoveries who said that with ppi the debt is over £11K, so quite a lot outstanding then.

He said he will send me the email, so that I can post it up on here, and that they will send him the copy of the agreement. He said they also said they have been trying to contact him on lots of occasions, because it was passed on to Wescot.

Will post this up when he sends me copy of his email.

Thank you.

[kilasuit]

Re: Lloyds/Bennets query

the debt still exist it just cannot be collected though the courts at all.

though any PPI refunds should always be paid to the customer and not offset against any debt with lender. They can ask if it can be credited towards account although you have right to argue that attempts were made to arrange payment of debt but were ignored etc

[thechippy]

Re: Lloyds/Bennets query

I would have thought that the original debt would be statute barred, so in effect does not exist. Therefore, how can they put the funds toward it?

[di30]

I helped my former bro in law, we shall call him Bennet, with a business loan ppi via Lloyds TSB.

However, they have accepted liability and have offered to refund all of the ppi due with relevant interest.


Now this loan was taken out probably in the late 90's, and even though he was married (not with my sister then though lol), it was his very own business loan just in his name only.

He split up with his Mrs, moved back from Blackpool to Wales.

Now to what he can recall there may be a little debt owing on that account (we have since requested for a SAR) just awaiting its arrival, despite the reclaiming of the PPI.

He contacted lloyds some years ago to try to sort some small repayments out, because he became disabled and was no longer able to work (of course he did not know then he had ppi, and had pre med conditions anyway) the reasons why they agreed and upheld his complaint.

He had not heard anything at all, despite also then banking with them with update address details, but now suddenly since he made a successful reclaim they are now stating they will use the refund for the debt owed.
Ok fair enough, but its been over 6 years or more.

So where would be stand with this case?
I know nothing about Unenforceable issues, but just thought I would ask.

Thanks in advance.