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Barclays PPI

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kns_2
kns_2 Posts: 115 Forumite
edited 11 April 2015 at 8:33PM in Reclaim PPI & other insurance
Hello All,
I am after a bit of advice a couple of weeks ago I received a claim form from Barclays saying that they believe I had been miss sold PPI.
So I filled the form in and sent it back.
Today I received a letter saying that they would refund me £469 that's nice I thought.
Reading further into the letter it then went on to say as my account is with Barclays collection department then the balance would be taken off by arrears.
back in 2006 I entered an IVA that was completed in 2011 and Barclays was a creditor.
As the IVA was completed over 4yrs ago and Barclays was included then how can they pass it onto their collections department.
Also any ppi that would be claimed before or after my IVA was not included in my IVA contract.
So can they do this or not?
Thanks in advance

Comments

  • Nasqueron
    Nasqueron Posts: 10,735 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    IVA are a difficult one as some have had success in getting all the premiums back, some offset and have to challenge it and hope the FOS finds in their favour.

    While the IVA was 9 years ago, if the PPI was a pre-IVA asset and your debts were frozen or written off then the bank lost money as a result so are simply using the PPI refund as a way of clawing back some of the money not paid to them.

    Up to you if you want to try and pursue them to refund the money or accept what they have done - while not applicable in your case, it's the same sort of thing with bankruptcy where a PPI claim for an account that was in the bankruptcy goes to the OR not to you

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • kns_2
    kns_2 Posts: 115 Forumite
    I would of been none the wiser but it was them that wrote to me.
    I would of thought the account was closed as the iva was completed in 2011 and there would be no account to pay the money into.
  • -taff
    -taff Posts: 15,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The account would still have been in arrears, so they've just wiped off some of the arrears.
    Non me fac calcitrare tuum culi
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    Essentially, they said "we will not ask you to repay part of the debt you owe us because you cannot afford to".

    You then said that they owe you rather less than you owe them. It hardly seems fair that you should expect them to let you off part of your debt to them but insist that they repay their debt to you in full.
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