Submitting a PPI claim after an IVA

AleMrsT
AleMrsT Posts: 577 Forumite
in IVA & DRO
I just wonder if someone has any advice please.

I persuaded my husband to submit a PPI claim as he had two credit cards that definitely had a PPI policy, and he also had a loan with hsbc.

The problem is that these debts were previously part of an IVA that defaulted and failed.

It was 11 years ago when he started the IVA and 10 years ago that it failed. Since then he has paid £15 a month to Robinson way and Fairfax solicitors for the credit card debts that were passed to them, but he hasn't heard from or paid anything to hsbc since the IVA failed in 2007. None of the debts appear on his credit file now and hes had no problems getting new credit as we got a car on finance last year.

I'm now worried that by putting in a ppi claim they will try and recover the debt from him. Can they do this? What will happen with the ppi money if he carries on with the complaints? Thanks.

Comments

  • sourcrates
    sourcrates Posts: 28,876 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Hi,

    The debt from 2007 will now be statute barred, so no worries on that score.

    He can make a PPI claim for all those accounts, he should also send CCA requests to the credit card accounts as well.

    The only down side is the creditor may apply any reclaim to his outstanding balance.
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  • 99fishlover
    99fishlover Posts: 2 Newbie
    HSBC are up to no good, they send you a letter saying they have not had a response to the offer they made you to claim back PPI, you contact them, they then make you an offer knowing that you will send them the satisfaction,doc , then they use the ppl to put towards your debt,so many phone calls and time wasted on hold, forget it it's a con.
  • AleMrsT
    AleMrsT Posts: 577 Forumite
    Thank you for your reply. He's received confirmation that he's due back £330 from one of the credit cards and is waiting for a response on the others. Turns out that his loan WAS sold to a DCA who he hasnt ever heard from since he moved house 4 years ago so if he is owed anything from them that should also get paid directly to him. Now its a waiting game to see if he receives compensation from CC1, CC2, Storecard 1 and the loan.
  • AleMrsT
    AleMrsT Posts: 577 Forumite
    sourcrates wrote: »
    Hi,

    The debt from 2007 will now be statute barred, so no worries on that score.

    He can make a PPI claim for all those accounts, he should also send CCA requests to the credit card accounts as well.

    The only down side is the creditor may apply any reclaim to his outstanding balance.

    Thanks sourcrates. Can you please clarify what a CCA request is and what would he need to send that for? He pays tiny amounts on the 3 credit cards (£15 per month total) and has around £1500 left to pay (we think!).
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    AleMrsT wrote: »
    . Can you please clarify what a CCA request is and what would he need to send that for? He pays tiny amounts on the 3 credit cards (£15 per month total) and has around £1500 left to pay (we think!).
    If you already have documentary proof that the accounts had PPI, you won't need a copy of the original agreement so forget about making a CCA request.

    As pointed out above, any redress (should it be awarded) will be offset against the money you still owe on the cards. Only if the amount owed is less than that awarded will you receive anything personally.
  • 99fishlover
    99fishlover Posts: 2 Newbie
    My husband has got a certificate to say his Iva is complete and satisfied.
    HFC have got ppi for him, can they still take it for themselves.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    99fishlover wrote: »
    they then make you an offer knowing that you will send them the satisfaction,doc , then they use the ppl to put towards your debt,so many phone calls and time wasted on hold, forget it it's a con.
    I'm afraid the redress was always going to be offset against your outstanding (defaulted?) debt. You could not have prevented this by not accepting the "offer".

    There really is no "con" I'm afraid.
    99fishlover wrote: »
    My husband has got a certificate to say his Iva is complete and satisfied.
    HFC have got ppi for him, can they still take it for themselves.
    IVA's usually involve monies (interest and other charges) being written off. If you then make a PPI complaint about the same finance, the Bank can indeed offset as above.

    Remember, they are not "keeping it for themselves", they are recouping money you technically still owe. All your IVA certificate shows is that the your former creditors won't be chasing you for the unpaid debt anymore.

    Sorry.
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