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Bos ppi awarded

I have just had successful PPI award from the BOS re Sainsburys Credit Card for £2694.91. I have been in arrears with the card due to ill health and they have taken the balance and credited the amount to the credit card.
Do I have any claim in getting any of this claim back or are they within their rights to do this.

Apreciate any assistance.

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    susie40 wrote: »
    I have just had successful PPI award from the BOS re Sainsburys Credit Card for £2694.91. I have been in arrears with the card due to ill health and they have taken the balance and credited the amount to the credit card.
    Do I have any claim in getting any of this claim back or are they within their rights to do this.

    Apreciate any assistance.


    Hi Susie

    Well done on your success.:beer::T:beer:.

    Sorry to hear of your ill health.

    Unfortunately when there are arrears they do tend to do it this way.

    However, if the arrears were cleared and anything remaining you could request that they refund this directly to you.

    If your not happy with the way it was done, there is no harm in writing to them and say that you understand that they credited towards the arrears, but you would have appreciated that they refunded the remainder directly to you, because you were out of pocket due to the mis selling of this product.


    So I take it they admitted liability and this was not a goodwill offer then?
    The one and only "Dizzy Di" :D
  • By taking it off the arrears they are reducing any charges and interest you will be charged as a result of it being in arrears so really what they have done is beneficial.

    And BOS/Sainsburies do not make "goodwill" offers on PPI, even if they don't admit liability they refund full premiums paid, interest and 8%.
  • marshallka
    marshallka Posts: 14,585 Forumite
    reported as spam
    I tried but nothing happens...

    Melorablack can I ask your opinion on redressing when there is arrears on a loan. I am sure you will give a good answer..

    If you owe a bank/firm money and you have got arrears etc and you have a redess is it always right to take the whole redress against the balance to ensure that the money is repaid? What if a person pays the arrears (although is still very unlikely to be able to afford the rest), would that person then be able to have the rest to pay off other debts.

    This question is asked so much on here....would like your opinion.
  • marshallka wrote: »
    I tried but nothing happens...

    Melorablack can I ask your opinion on redressing when there is arrears on a loan. I am sure you will give a good answer..

    If you owe a bank/firm money and you have got arrears etc and you have a redess is it always right to take the whole redress against the balance to ensure that the money is repaid? What if a person pays the arrears (although is still very unlikely to be able to afford the rest), would that person then be able to have the rest to pay off other debts.

    This question is asked so much on here....would like your opinion.

    Personally I think that if they use the redress to pay the arrears balance only then that is fine, because it is beneficial to the customer. But if they try to use the redress to reduce the balance of the loan then I don't agree with that - unless it works out with the loan being completely repaid. Anything left over of the redress once the arrears have been cleared should go to the customer.

    But if a person is in severe financial hardship then tell the company this - they should then pay the redress directly to the customer and leave the arrears and loan as it is (because the customer may have more important arrears/bills to pay with the redress money. This is the FOS's view so the banks/lenders should comply with this if asked.

    Hope this makes sense and I haven't rambled too much! ;)
  • I have written to them yesterday and said I am more than willing for them to take 50% of the balance but not the whole lot. I just seem to spend all my time fighting with banks just now which adds to my already depleted ill health. I have not been able to work on a reasonable income for over a year now since I had major surgery and looks like I am suffering for nerve damage which they know about .
    Still waiting to hear about MBNA they seem to keep telling me they are overwhelmed, waiting to hear about 4 months now.
  • susie40
    susie40 Posts: 39 Forumite
    Success BOS have agreed to send me a cheque for £2159.00 I am really happy. It just shows you if if you do not appeal and fight for it you get nothing.
  • marshallka
    marshallka Posts: 14,585 Forumite
    susie40 wrote: »
    Success BOS have agreed to send me a cheque for £2159.00 I am really happy. It just shows you if if you do not appeal and fight for it you get nothing.
    Well done, have they just paid off their arrears and refunded the rest?
  • di3004
    di3004 Posts: 42,579 Forumite
    susie40 wrote: »
    Success BOS have agreed to send me a cheque for £2159.00 I am really happy. It just shows you if if you do not appeal and fight for it you get nothing.

    This is brilliant Susie
    Well done and Congratulations.
    :T:T:beer::beer:
    The one and only "Dizzy Di" :D
  • susie40
    susie40 Posts: 39 Forumite
    Yes they just took the arrears and going to issue me a cheque with the rest - watching the post every day now .
  • marshallka
    marshallka Posts: 14,585 Forumite
    susie40 wrote: »
    Yes they just took the arrears and going to issue me a cheque with the rest - watching the post every day now .
    That seems very fair then and clearing any arrears as well. Well done:beer:.
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