Advice re Credit card Charge on house please

Doiog

Hello, any advice on what I should do here to undo this gladly accepted

2001 Credit card debt (Had some mental health issues and refused to pay card balance to bank as they had charged PPI I was upset about) Amount = circa £4K

Taken to court and charge affixed to my property for the sum

Debt sold to a debt agency who have never chased balance as the have a charge so waiting on house sale. Offered a settlement of 50% of balance a few years ago refused.

2011 Claimed PPI on card, received a decent sum more than the 4K

Wondering now if the court case in 2001 is irrelevant as the case for PPI supercedes it meaning I never owed the sum they took me to court for..?

Not sure where to even start here to overturn this if possible, no issue paying what I thought I owed which was the 4k less fees less PPI. Maybe i need a solicitor to sort or perhaps its more straight forward

Again any advice welcome!

DE_612183

Who's name is the change in - the credit card company - if so, you'll need to get them to sort it as well - may need a solicitor from you end

Doiog

DE_612183 said:

Who's name is the change in - the credit card company - if so, you'll need to get them to sort it as well - may need a solicitor from you end

Looked at debt solicitors am guessing they would be best to handle this maybe?

Doiog

DE_612183 said:

Who's name is the change in - the credit card company - if so, you'll need to get them to sort it as well - may need a solicitor from you end

Its in Lloyds Bank Plc name, I was prosecited by Sechiari, clark and micthell

Olinda99

you still owe the sum as PPI refunds are separate to the credit card debt you owed

Use the 4k you received from ppi to pay off the debt and get the charge removed

ManyWays

It depends on the details of the PPI refund, it was common for that to be offset first against any remaining debt, did this happen? If it did, then the debt has been cleared and the charge hasnt been removed in error. 
If there was no offset and the full refund was paid to you, you should have used it to clear the debt.

Doiog

Olinda99 said:

you still owe the sum as PPI refunds are separate to the credit card debt you owed

Use the 4k you received from ppi to pay off the debt and get the charge removed

Thanks for response,

The Card debt had an element of PPI on it which is why I was refunded PPI, So for exmaple maybe £300 of the 4K was PPI, which means the case they took me to court for in 2001 was incorrect as the PPI was misold and misapplied. 

Does this not make the case , the outcome and charge against my property null and void?

DE_612183

Doiog said:

Olinda99 said:

you still owe the sum as PPI refunds are separate to the credit card debt you owed

Use the 4k you received from ppi to pay off the debt and get the charge removed

Thanks for response,

The Card debt had an element of PPI on it which is why I was refunded PPI, So for exmaple maybe £300 of the 4K was PPI, which means the case they took me to court for in 2001 was incorrect as the PPI was misold and misapplied. 

Does this not make the case , the outcome and charge against my property null and void?

No, because the debt was correct at the time - the refund of PPI has adjusted that so you could claim for interest and fees etc, but I suspect that all that was included in the payment.

I did some remediation work for a finance company like this a few years ago and this was the case - you could have a case to claim back any fees you incur from LBG - but you need to make that claim against them now, however as the PPI has already been settled I don't think you can claim twice - but it would be worth asking LBG the question.

Doiog

ManyWays said:

It depends on the details of the PPI refund, it was common for that to be offset first against any remaining debt, did this happen? If it did, then the debt has been cleared and the charge hasnt been removed in error. 
If there was no offset and the full refund was paid to you, you should have used it to clear the debt.

Hi, it wasn't used to clear the debt it was sent to me. I could have cleared the debt with it however it was a court case reward through misselling. 

Doiog

DE_612183 said:

Doiog said:

Olinda99 said:

you still owe the sum as PPI refunds are separate to the credit card debt you owed

Use the 4k you received from ppi to pay off the debt and get the charge removed

Thanks for response,

The Card debt had an element of PPI on it which is why I was refunded PPI, So for exmaple maybe £300 of the 4K was PPI, which means the case they took me to court for in 2001 was incorrect as the PPI was misold and misapplied. 

Does this not make the case , the outcome and charge against my property null and void?

No, because the debt was correct at the time - the refund of PPI has adjusted that so you could claim for interest and fees etc, but I suspect that all that was included in the payment.

I did some remediation work for a finance company like this a few years ago and this was the case - you could have a case to claim back any fees you incur from LBG - but you need to make that claim against them now, however as the PPI has already been settled I don't think you can claim twice - but it would be worth asking LBG the question.

Thanks again for your information here, I perhaps am niaive, I assumed the court case making PPI a thing meant the prior court case would be incorrect or non upholdable...

Nasqueron

ManyWays said:

It depends on the details of the PPI refund, it was common for that to be offset first against any remaining debt, did this happen? If it did, then the debt has been cleared and the charge hasnt been removed in error. 
If there was no offset and the full refund was paid to you, you should have used it to clear the debt.

It was common but only if the lender had either used an internal debt collector or had clawback rights. If they sold the debt completely then they're out of luck and OP got the money despite the debt - the debt collectors paid pennies in the pound too!

Doiog - the PPI refund doesn't work in the way you think - basically you owed say £4k and £400 PPI - you get £4k back because they have to repay you for the interest on the PP + the 8% statutory interest per year but that doesn't mean the original debt = the refund of PPI = no debt existed.