Credit card 5 years CCJ. Can I claim PPI

Ajay21

This is my first post on this site, so pardon me if it has not been done properly.

Well done to Martin and his team for putting such a great website/forum together.

I am about to help my aunt claim PPI for 2 credit cards and a loan. The loan was with Natwest bank and she paid it off about 5-6 years ago.
-Her credit card was also with Natwest, but she unfortunately has CCJ on it nearly 5 years ago. Actually it will be 5 yrs in Nov 2013. --She agreed without going to the court to be paying £100 per month, but could not keep up, and stopped paying about 3 years ago. She has been advised by a friend it will fall of her credit file in Nov 2013.
-She also has a debt on Bank of Scotland, which remains under £75 to clear the debt.
-She Also has £5,000 overdraft with Natwest.

I have been advising her to apply for ppi, but her fear is that Natwest might use the PPI to pay off her remainig CCJ balance which is about £2,000 and her overdraft which is £,5000.
Somebody suggested to wait until Nov when the CCJ falls off her record before she applies. And to apply for a loan after that to gradually pay off the overdraft.
My questions are,
-Does natwest have the right to use Bank of Scotland ppi to offset
the debt?
-Can Natwest still enforce the CCJ after 5 years, when its no longer on credit record?
-Can they use the PPI to offset the overdraft and CCJ amount. The current account is still functional and she pays interest on the overdraft monthly.
-Also, will it make any difference if she waited till Nov when the CCJ goes off the credit file to apply for a loan to pay the overdraft.

She got both the loan and credit card in 2003. Is it too late to claim for PPI & Bank charges?
I know I have too many questions, by your advice is much needed.

Many thanks

Ajay21

chanz4

Answer is simple yes, and it will do her a favour clearing what she owes

dalesrider

On what basis are you looking at claiming PPI back?

antrobus

Ajay21 wrote: »

...
I am about to help my aunt claim PPI for 2 credit cards and a loan.

Are you 100% certain that your aunt paid PPI on these products?

Ajay21 wrote: »

...
I have been advising her to apply for ppi, but her fear is that Natwest might use the PPI to pay off her remainig CCJ balance which is about £2,000 and her overdraft which is £,5000.
Somebody suggested to wait until Nov when the CCJ falls off her record before she applies.

Her "fears" are well founded. And it won't make an ounce of difference if she waits until the "CCJ falls off her record before she applies".

Ajay21 wrote: »

...
And to apply for a loan after that to gradually pay off the overdraft.

Why not simply gradually pay off the overdraft anyway?

Ajay21 wrote: »

...
My questions are,
-Does natwest have the right to use Bank of Scotland ppi to offset
the debt?

No.

Ajay21 wrote: »

...
-Can Natwest still enforce the CCJ after 5 years, when its no longer on credit record?

Since the aunt had an arrangement to pay which she "stopped paying about 3 years ago". Nat West have six years from that point to return to court.

Ajay21 wrote: »

...
-Can they use the PPI to offset the overdraft and CCJ amount. The current account is still functional and she pays interest on the overdraft monthly.

Yes

Ajay21 wrote: »

...
-Also, will it make any difference if she waited till Nov when the CCJ goes off the credit file to apply for a loan to pay the overdraft.

Again, why not simply repay the overdraft?

Ajay21 wrote: »

...
She got both the loan and credit card in 2003. Is it too late to claim for PPI & Bank charges?

She has three years from the point in which she realised she could claim, to actually make a claim. Claims for bank charges are restricted these days to financial hardship.

Ajay21

dalesrider wrote: »

On what basis are you looking at claiming PPI back?

Thanks for your reply.

According to her, applied via the letter that came through her post. And could not remember any PPI, actually, she had no idea she was paying for it, she just assumed it was part of the charges for using the credit card. And it showed on her bill. She paid between £35-£40
per month depending on what he total was at the time.

Same on the loan, which she had completed paying off, she was informed that PPI was compulsory, otherwise her loan will not be granted.

That was miselling