Dmp/ppi problem

Babymimi1981 · 13 September 2018 at 6:59AM

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Ppi confusion
Evening all
Am New to this page but need some advice.

Its hard to explain nso bear with me lol.

Started my ppi claim over a year ago with the claims guys. Since then i have received some generous amounts. I thought there was nothing left to come back to me but today i got a letter from the claims guys saying that santander have issued me with 1300 ish pounds (the letter is downstairs) it said i need to pay the claims guys the fee which in this case is £500. Now i know that this debt has around 8000 outstanding on it (i have no other debt, this was with an ex partner about 14 years ago, he has never paid any of it, but thats a different story) so i called them and they said it was issued in june and i will need to call santander direct, i did this and they said i will need a 'letter of discharge' from my dmp to confirm that i have paid the balance, as they have no record of it as it was passed to my dmp. I had this dmp about 6 years ago, and this debt was included in it and it was never settled. I call my old dmp (took ages to find me on system as account t was closed ages ago) they told me all they can do was send me the figures of the outstanding debt as it was when i left the dmp (about 5 years ago) the figure is around 8000, they have said they cant accept this as the figure may have changed since then. Obviously i know that i will still have to pay the claims guys out of my own pocket, and santander will put the 1300 onto the debt. My questions are:
1) how can i get an actual final figure if no one has it?
2) the letter from claims guys says i only pay their fee 'on receipt of payment' does this mean that i am not obliged to pay this untill i have the final figure confirmed?

Any advice greatly appreciated
Xx

Babymimi1981 · 13 September 2018 at 7:01AM

Please ignore the writing at the top, i copied and pasted from the ppi board as someone told me to post it on this one instead x

-taff · 13 September 2018 at 8:04AM

You need to find out if Santander fully sold the debt on. Usually, they don't, they just employ people to collect on their behalf.
If they haven't, then Sanatander should be able to work out the amount owing.
If they did sell it on, usually with a DMP, you pay until you've paid everything off [ although interest etc would mostly be frozen]
Did you finish your DMP fully or not? Why was this debt not settled in it, are you still liable for it or is it now statute barred? And why do you ant to know the final figure, as it's not going to make any difference to the redress awarded, whether you get it or they get it.

[And next time, do not use a CMC , they just complain in exactly the same way you would have done, except you wouldn't have been paying upwards of 30% of any redress, and as you've found out, if you owe money, the company can keep it, and you're still liable to pay the claims company]
The CMC may start chasing you for money before you've received it, but obviously, until the final figure of redress is awarded to whoever, then you can't pay them.

Babymimi1981 · 13 September 2018 at 2:19PM

Thanks for replying. As stated before i did not complete payment as i coukdnt afford it after i ended up on my own. I did however pay off the smaller debts, so this is now my only debt.

How do i go about finding out if uts stature barred or not?

National_Debtline · 13 September 2018 at 2:40PM

Hi there

The Santander debt could be statute barred if there had been 6 years since a payment was last made towards it and you have not acknowledged the debt in writing in that time. A CCJ must also not have been obtained.

You mentioned you ended the DMP around 5 years ago, which suggests the debt cannot yet be statute barred. And if the claims management company (acting on your behalf) have made a written request for a refund of PPI on the debt, unfortunately it is likely they have restarted the 6 year Limitation period again.

Best wishes

Susie
@natdebtline

Babymimi1981 · 13 September 2018 at 11:53PM

Thank you susie. Where do i go from here? X

sourcrates · 14 September 2018 at 1:59PM

Babymimi1981 wrote: »

Thank you susie. Where do i go from here? X

You go to the debt free wannabe board, which is where i`m moving this thread to, as it does not concern bankruptcy.

thanks.

Babymimi1981 · 14 September 2018 at 4:20PM

Thanks, however i posted it on the ppi board and they told me to move it here lol

sourcrates · 14 September 2018 at 4:54PM

Babymimi1981 wrote: »

Thanks, however i posted it on the ppi board and they told me to move it here lol

Unfortunately it appears you have shot yourself in the foot by using a claims management company, as you now owe them their fee, you cannot release the PPI funds without providing proof you do not have, if you had made the claim yourself, its likely they would just of reduced your debt with the proceeds, now you are stuck between a rock and a hard place.

If you can get away without paying the fee, all well and good, if it were me, i would drop the entire thing.

-taff · 14 September 2018 at 5:07PM

Did you make the CMC aware that you owed a debt on this? If you did, they should have drawn your attention to the bit where you still have to pay them even if you don't get any money back.
If they didn't, you can write and complain to them, wait for a response within 8 weeks, if it's not satisfactory, you can refer it ot the legal ombudsman.

You're going to have to wait and see what the final figure is, because you don't yet know if they've fully sold the debt on. Until you do, the redress direction is unknown. They could keep it to go towards any outstanding interest owed if they sill own it, or they could give it to you if theyhave sold it on....If neither Sanatander nor the debt collectors know who own it, write again to both to complain.

-taff · 14 September 2018 at 5:08PM

sourcrates wrote: »

if it were me, i would drop the entire thing.

Unfortunately, CMCs don't work that way. She's signed a contract with them so if she doesnt pay them, they will take her to court to get their money unless she successfully complains about the issue of payment while still owing money

Dmp/ppi problem

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