Santander PPI Letter - Help please

theswift

Hi,
I had a Cahoot C/Card that I thought had PPI so I called Santander to issue a complaint, gave them details. Hadn't heard anything until this morning when a letter arrived stating that they had upheld my complaint and awarding me £383.50 which would be paid to me. But on page 2 it says that my account is in arrears so the money will go to reduce the outstanding arrears.
However, this is incorrect as this Cahoot account was included in an IVA that was completed in April 2009 and I have the certificate of completion. Santander never asked me anything about arrears when I complained about the mis-selling. So shall I call them again Monday and explain that the account is not in arrears as this account was settled in the IVA?
Will I get the PPI money which Santander admitted is owed? I phoned my IP and he stated that any redress would not form part of my IVA as already settled.
Thanks
Chris

-taff

After an IVA the retention of money by the original creditor is a grey area.

They could pay it to you, they could retain it against offset debts, they could pay it to your IVA.

This time they have decided to keep it. You could complain to the FOS but the outcome is not certain.

theswift

Ok thanks for the info. It's a weird one though cos they have admitted mis-selling me the PPI but have decided to keep the money, I thought that they would pay me as the IVA completed the debt back in April 2009?
I am going to ring them on Monday to see what they say, I am not certiin that they know about the IVA you see as this was never addressed before? What do you reckon?

dunstonh

As taff says, it is a grey area. Bankruptcy is defined (you dont get the money) but IVAs are not. However, the FCA do allow lenders to offset the capital refund of the PPI against debts that were written off as part of an agreed settlement. However, some banks will pay out rather than keep it. So, it is very hit and miss.

theswift

Thanks for the info. When I phoned Santander originally I only gave them my ac number and address. We never discussed the iva. On the letter I got it does state to call them if I feel there is anything they haven't considered and I don't think they have considered the iva as was never discussed.
So it won't hurt to ring them tomorrow will it to see if this info affects the decision??? Just wondered what you thought? Thanks.

dunstonh

As long as Santander have not had any amount written off and they dont know about the IVA, then you are likely to get it.

theswift

Hi, can you clarify what you mean by your first sentence please as not sure what you mean? They don't know about the iva as far as I am aware as I have never ever spoken to them about it. The iva completion certificate is April 2009.
Thanks very much.

theswift

dunstonh wrote: »

As long as Santander have not had any amount written off and they dont know about the IVA, then you are likely to get it.

Where you say "as long as Santander have not had any amount written off" part?? The cahoot account was in the completed iva.

dunstonh

theswift wrote: »

Where you say "as long as Santander have not had any amount written off" part?? The cahoot account was in the completed iva.

If the reclaim is on that account then they have the right to not refund you any amount that was written off. if the reclaim is on a different account, they do not have that right.

theswift

dunstonh wrote: »

If the reclaim is on that account then they have the right to not refund you any amount that was written off. if the reclaim is on a different account, they do not have that right.

Do you think its worth me calling them tomorrow just to discuss as they didn't take into account the completed iva? They may review it differently?