what if you cant establish if you had PPI?

shopgirl771

we wrote off to one of my OHs creditors (its actually a DCA) to make the first step of finding out if he had PPI on a loan. They promptly wrote back and said we needed to take any PPI claims up with the original creditor with whom the agreement was made. So we wrote off to the original creditor who recently got back to us saying as the debt was sold on to the DCA they no long had the agreement and we should take it up with the DCA.

Thing is we recently managed to negotiate a F&F with said DCA and we believe this was due to the fact they dont seem to be able to locate the original credit agreement. they were adamant they wouldnt settle until we wrote to them asking for the CCA (for reasons unrelated to PPI) then suddenly called to accept our latest offer!!!

so anyway...if no one has the original agreement we cant establish 100% if we had PPI. what do we do in this instance?

dunstonh

So we wrote off to the original creditor who recently got back to us saying as the debt was sold on to the DCA they no long had the agreement and we should take it up with the DCA.

If you made a request under the consumer credit act then their response is correct.

so anyway...if no one has the original agreement we cant establish 100% if we had PPI. what do we do in this instance?

If the settlement is a reduction in the debt then it has consequences on any PPI complaint. Lets say you did have PPI and lets say you were successful with your complaint. The redress payment that became due would not be paid to you. It can be used against amounts written off, defaults and arrears and only if there is a surplus above this, would you see any.