Can I claim PPI on a fraudulent credit card that has defaulted?

laurascholey

Long story short, someone I lived with in 2007, or someone they knew, opened a credit card in my name without me knowing. They had a mini spree for a 6 weeks and spent couple of hundred pounds. The repayments were set up on my current account, but I didn't notice (minimal amounts of money coming out) and any correspondence I think I would have thought was one of those pre-approved marketing rubbish and binned (probably how someone set it up in the first place) and I moved out shortly afterwards.


Bring it up to current time and the card had defaulted in 2015 (when I moved current accounts and didn't move that dd over). I only found out about the card and the default when we applied for a mortgage last year. Barclaycard cannot prove it was fraudulent, they have no record of the application or signature or credit agreement, only the statements, the statements show I was paying PPI. As the debt agency took too long to send me the replica agreement, they can no longer persue me.


My question is can I reclaim that PPI? Would it just go to Barclaycard to repay a debt (which isn't mine). Would that suggest acceptance that the debt is mine and not fraudulent? I don't want to open a can of worms that's not worth it, but if I can successfully get some money back then that would be a brucey bonus!

[Deleted User]

If you haven't settled the debt, then any redress will go towards it.

It would certainly confirm that the debit is yours, as you are saying they sold the PPI to you when you opened the account.

You'd also need to make up fraudulent mis sale reasons as you weren't involved in it.

dunstonh

As the debt agency took too long to send me the replica agreement, they can no longer persue me.

Whilst they cannot use the courts to pursue you, the debt still exists. The FCA allow the redress from PPI to be set off against arrears, defaults and amounts previously written off. Even if statute barred.

Would it just go to Barclaycard to repay a debt (which isn't mine).

You have no debt and you never paid PPI if you really think about it.

Would that suggest acceptance that the debt is mine and not fraudulent?

It doesnt matter now either way. Its statute barred and history.

And for someone who says the account was not set up by them, you would be committing fraud by putting in a PPI complaint.

-taff

You had 8 years to notice you were paying out to a card you didn't take out so I'm not surprised they don't believe it was fraudulently taken out.

In eight years, you should have paid this couple of hundred pounds off.
If you make a PPI complaint then yes, you're saying it's yours.
And yes, redress will go to amounts owing.