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CCJ Being Paid under DMP for 9 years and PPI on the Loan. Legal Help Please :-)

Spazter
Spazter Posts: 35 Forumite
Part of the Furniture
No further info

Comments

  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi there,if you have account numbers and reasons for mis sell

    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step2

    All you do is send the form
    http://www.financial-ombudsman.org.uk/consumer/complaints.htm
    Number 3,to the banks (yorkshire for Marlin) make a copy of each one in case you need to go to FOS.

    Put claims in for all ppi you were mis sold,if you win redress,the refund will go to the Dmp and CCJ,this is a good thing as the whole ppi will come off the balance and your debt will clear faster.
    Do this yourself,it will only cost you postage.



    I am sorry but i cannot help you with regards the CCJ i am afraid,i have tried to get someone who may be able to help you or tell you where your post will best be answered.

    If you need any more help just ask.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi

    Who is your DMP provider?
    In terms of the CCJ repayments if the court order £77 a month then that is all you need to pay unless a court says otherwise.
    Once all other creditors are paid you can cease payments to the DMP provider and make payment yourself of the £77 for this debt.

    If the creditor still owned the debt and believed you were now in a position to pay more they could go for a redetermination to try to increase your payment. That said I'm not sure that you starting to pay them direct would be sufficent trigger for them to look into your circumstances again - they wouldn't know that you hadn't just decided to do a self managed DMP for example.

    Whether the DCA can go for a redetermination on a court action that was brought by the original cerditor I am not certain, I think they may well be able to, but I would suggest a (free) call to national debtline charity to ask for their opinion.

    If they do go for a redetermination that doesn't mean the court would say you could afford £202, you might well be able to demonstrate that you cannot afford that amount and could end up with a higher payment that now, but lower than you have been paying.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thank you Tixy xx appreciated.
  • Hi

    Currently doing a CCJ with PPI.

    Currently have requested Bank to respond. If they do not offer to settle have advised will apply Court for permission to appeal on original judgment.

    Please keep in touch as will be requesting Court permission to appeal in a week or so if Bank does not offer to settle. So will be able to guide you through process.

    While Marlin might say debt has been sold to them, it would be worth checking with the Court to see if there has been formal transfer debt as ideally you want to go back to original lender and not the debt agency.

    Look forward to hearing from you
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Someone i know won mis sell with this bank and the loan was passed to Merlin, she won redress from the bank and the redress was paid to her.

    I would go straight to the bank.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I have all my statements with YB and my copy loan agrrement and all the paperwork from the time
    You have all the info you need to make a claim.

    Was the PPI put on the loan and you paid this back in one monthly payment with the loan payment?.
  • My loan was the same with yorkshire bank I had been paying a ccj for 10 years on a £5000 loan and got my ppi back of £2400.Iam still paying the ccj so the ppi gets paid to you no one else.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Spazter wrote: »
    I do have all the info for the PPI but the loan I took out was to pay off a previous loan with them that ALSO had PPI on it so was hoping for some data on that too. I will have to did through all my paperwork as I don't tend to throw anything away so hopefully have it somewhere!

    The PPI was a lump sum on the loan, interest then charged on this total figure and then part of each monthly payment was assigned to paying off the PPI. I also at the time was told it would help me get approval for the loan if I took PPI. I also worked at NHS having a good payment if off sick etc. which line do I take when sorting PPI mis sold?

    If one loan paid the previous one off then put the claim in with the loan number that you have and ask them to look at the previous one that the was settled with the loan you are claiming for.

    Single premium is the reason for mis sell on these loans, this means the PPI was put on at the start of the loan and you paid this back over the whole term with interest.
    Use the Single premium reason here, this is the most upheld of all PPI reclaims.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Send the complaint to your branch, take it in if you are near enough and put copies in of the loan agreements, do not forget the reason for mis sell is the Single Premium.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You need to sign the request, you need nothing else.
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