Getting money back

3wfr

A little while ago a company said they could get back my PPI payments back (company was Torston). I gave them the information they required on the accounts in question:-

Account
1 Black Horse
2 Egg
3 Halifax Unsecured loan

Black Horse:- was a no has I had mad a claim on the protection a number of years ago, it had slipped my mind.

Egg:- There was ground for a claim. On a Telephone conversation its was explained that Egg had recently been found guilty of unfair treatment of the clients and miss-saleing products (words to that affect).

Halifax Unsecured Loan:- Had letter other day, saying the Halifax loan Agreement did not comply with the Consumer Credit Act 1974, and the loan agreement was unenforceable. And was to stop making any more payment to them.

Torston pasted the findings on to a Recompense Solicitors named Eastleys
regard to the Egg and Halifax accounts.

There is a charge for their services if I choose to let them act on my behalf.

I know this site says do-it-yourself and save money. And I would love to shove one up the Banks. But not sure if I could match there experts.
Ive come into a few quid enough to pay them all off. if i do can i still make the claims.

Please Advise.

Phil

jonesMUFCforever

Yes but all cases of this sort which have made it to court have been frozen!
You pays your money and nothing will happen.

diamondtweezer

jonesMUFCforever wrote: »

Yes but all cases of this sort which have made it to court have been frozen!
You pays your money and nothing will happen.

Cases have not been frozen. A judge has asked for the implications of a stay on a handful of cases in Chester to be considered. The courts issued a press release to say that the reason for considering the stay is due to a high number of cases coming through. This is a follow on from a successful case which ruled that a loan was indeed unenforceable as the lender had applied illegal charges/interest(Walker March 2009 Chester Crown Court). Thse test cases should icrease the speed in which theseatters are settled. They may even widen the basis for getting a debt declared unenforceable.

The whole point of this is you need to know what you are doing. You cannot depend on the judge being clued up on the issues under the CCA. You should also expect a very firm defence - as long as your grounds are sound, the law is clear but its no walk in the park.

Whatever does or doesn't happen with a stay, if your loan is unenforceable you need to enter your loan into dispute ASAP. Otherwise you will continue to make payments which you are unlikley to ever see again.:T

ILW

Odd the the OP says they have made a succesful claim on PPI and then tried to claim it was miss sold. It would appear that the policy did just what was required and they should be happy with it, or am I missing something.

~Brock~

3wfr wrote: »

Halifax Unsecured Loan:- Had letter other day, saying the Halifax loan Agreement did not comply with the Consumer Credit Act 1974, and the loan agreement was unenforceable. And was to stop making any more payment to them.

That is very dangerous and, in my humble opinion, completely irresponsible advice. Until such a claim is proven in court you should continue to make any payments due - otherwise your credit rating will be well and truly trashed.

diamondtweezer

You DO need to stop making payments, as a ruling will only apply to the outstanding balance (at the time that the ruling is made). If you keep on paying and the loan is subsequently found to be unenforceable, you will have wasted money!
The point is, Do stop making payments but ONLY once the debt has gone into legal “dispute” – the lender isn’t entitled to register anything negative about you/the debt whilst it is in “dispute”.:T

jonesMUFCforever

diamondtweezer wrote: »

You DO need to stop making payments, as a ruling will only apply to the outstanding balance (at the time that the ruling is made). If you keep on paying and the loan is subsequently found to be unenforceable, you will have wasted money!
The point is, Do stop making payments but ONLY once the debt has gone into legal “dispute” – the lender isn’t entitled to register anything negative about you/the debt whilst it is in “dispute”.:T

IMO stupid advice.