PPI claim clawback against deceased written off debt

Blushing_Rose

Is it legal, or time limited, to claw back ppi payment compensation against a credit card debt that was written off over 8 years ago due to there being insufficient funds at time of death to settle the full amount from the estate. A partial payment was made towards the debt. My mother has claimed against my late fathers card issuer and this is currently the situation she is in and does not know whether or not to pursue it and if so who with. I appreciated that there was money owed but the issue is more about the fact the debt was already written off and whether or not this means the debt no longer exists.

[Deleted User]

Yes, it's legal and not time limited.

If she chooses to make a mis selling complaint, ensure she doesn't use a claim company or she will need to pay them out of her own pocket.

[Deleted User]

Blushing_Rose wrote: »

I appreciated that there was money owed but the issue is more about the fact the debt was already written off and whether or not this means the debt no longer exists.

Although the debt will not be chased (due to insufficient funds from your father's estate), any PPI redress can and will be offset against the unpaid monies. Only if the redress exceeds the amount owed will anything come to you.

Blushing_Rose wrote: »

My mother has claimed against my late fathers card issuer and this is currently the situation she is in and does not know whether or not to pursue it and if so who with.

What you describe is entirely logical and fair.

Your father failed to pay this debt, but the Bank are not now chasing anyone for it. If they were to refund PPI that formed part of this debt, however, they would effectively be giving you the money twice.

Since this is entirely normal procedure, there is no point in "pursuing" it any further.

-taff

The debt doesn't disappear because it was written off. It just means they won't come after anyone for it.
But you don't get to have money back for it, as above, they'd be paying you double when you haven't paid them at all, if they did that.
There is no one to appeal to regarding this. Forget about it.

dunstonh

Is it legal, or time limited, to claw back ppi payment compensation against a credit card debt that was written off over 8 years ago due to there being insufficient funds at time of death to settle the full amount from the estate.

Logical. Legal and correct.

If the estate was unable to settle its debts then the redress should go against those debts.

I appreciated that there was money owed but the issue is more about the fact the debt was already written off and whether or not this means the debt no longer exists.

The debt exists forever. The lender takes a hit if there are no more funds but should funds come to light later on, then the estate is required to pay the creditors. The executor of the estate would be committing fraud if this did not happen.

bg54

Edit - ignore, just seen the answer on another thread.