Help, years old loan sent to debtC but found ppi

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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If they can't produce a CCA, it will be unenforceable.

    However, the bigger concern is the PPI company. If your friend is only paying £1 a month, it's fairly irrelevant whether the debt is enforceable or not, as it's not particularly a burden at present. When were payments last reviewed?
  • Shakin_Steve
    Shakin_Steve Posts: 2,700 Forumite
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    lizzzzzz wrote: »
    Sorry, no idea why there!!!8217;s loads of random characters throughout those posts!
    http://appleinsider.com/articles/17/09/26/tips-turn-off-ios-11-smart-punctuation-to-avoid-data-entry-problems
    I came into this world with nothing and I've got most of it left.
  • lizzzzzz
    lizzzzzz Posts: 9 Forumite
    That is the thing, I know it’s not a huge amount, but it’s the stress and hassle every six months that falls on me as she has to keep sending in a financial statement/breakdown to support the £1 a month payment, otherwise they say they will want to increase the payments. She has been disabled and on the same benefits now for years and will likely be until she dies so her financial position is unlikely to change. It’s a pain having to keep filling out these financial statements and I think mentally/emotionally she just hates having the debt hanging over over.

    I checked the last email online from the ppi company, it was a thanks for letter of authority from her and that they would proceed with the claim-that email was 11 days ago so I assume if we’re quick I can email telling them she wants to use the cooling off period and no longer wants to claim?
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    lizzzzzz wrote: »
    I checked the last email online from the ppi company, it was a thanks for letter of authority from her and that they would proceed with the claim-that email was 11 days ago so I assume if we’re quick I can email telling them she wants to use the cooling off period and no longer wants to claim?


    I'd call them rather than email.
  • Clive_Woody
    Clive_Woody Posts: 5,852 Forumite
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    mije1983 wrote: »
    I'd call them rather than email.
    I would do both. Call then email to confirm the telephone conversation.
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • lizzzzzz
    lizzzzzz Posts: 9 Forumite
    Right, have sent a signed letter withdrawing the authorisation to continue with the ppi claim, family member has tried to ring them to cancel also, but when she was explaining why they just hung up on her, she tried ringing again and they kept hanging up on her. I guess it’s best to write to Lloyd’s to ask them to only deal with her and not the ppi claim people as a second back up?

    What should she do now? At the moment moorcroft have written to say that Lloyd’s will be sending CCA, so are awaiting the outcome of that...I can’t see it myself as the debt is 20 odd years old so I think they will say they don’t have it due to the age...is there a template letter somewhere to send about the debt being unenforceable without a signed CCA?

    Really she wants to complain about the ppi never being mentioned when she got ill and couldn’t pay, but I’m guessing it’s best to wait for the CCA if it materialises as presumably if it’s not enforceable then the debt is wiped anyway? Would it be worth then going down the route of reclaiming the ppi off her own back or not if the debt is wiped?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If they can't produce a CCA, the debt isn't enforceable, but it's not wiped.

    Any redress will continue to go towards the debt.
  • ciderboy2009
    ciderboy2009 Posts: 1,154 Forumite
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    If they've already got a CCJ against her then is there any point in taking the CCA route?
    The time to have done that would have been when defending the court action.
  • lizzzzzz
    lizzzzzz Posts: 9 Forumite
    Looking into further I doesn’t seem it ever went to court, the debt collection agency said it did but in their most recent letter it says it hasn’t ever been to court. So the best to hope for is that they cannot find CCA and leave it at that?

    Is there a template letter somewhere on this site to send when they can’t produce the CCA?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    You don't need one. If they cannot find the CCA, they can't enforce the debt.
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