New member – Debts / Anxiety / Depression – Advise Needed

HITS · 4 September 2017 at 12:34PM

sourcrates wrote: »

(3) Yes, most likely, you might be an exception though.

Many thanks for your reply Sourcrates.

For what reasons would I be an exception?

Many thanks

sourcrates · 4 September 2017 at 1:40PM

HITS wrote: »

Many thanks for your reply Sourcrates.

For what reasons would I be an exception?

Many thanks

Its a bit of a lottery.

Sometimes PPI refunds will be applied to any outstanding debt you may have with the company, but on some occasions, some companies refund it directly to you, even though you may have debt with them.

Its a toss up whether you will be in the former group, or the latter.

Depends on the company policy.

HITS · 4 September 2017 at 2:36PM

Thanks Sourcrates.

I think you're spot on! Last week Lloyds upheld my ppi claim on a business account (sole trader) going back few years. They refunded the whole amount and did not offset against the debt. Whether it was because of it being business account or me just being lucky on this occasion, I am not sure, but I think latter is the case. Hence my questions on this forum before I make further claims.

Questions:

1) Would you agree that I should send a reminder letter to Cabot and Robinsonway for my CCA request and wait? If they come back and say they do not have it then I look to settle the debt as f & f with a low ball figure? Once it's accepted and fully settled and I have confirmation letter, thereafter I issue rest of the ppi claims so that no successful claims are offset against any debts?

2) Why would any successful ppi claims against the original creditor be offset against the debt when the debt has been sold on to the DCA i.e, Cabot and Robinsonway?

3) Would a successful Barclaycard ppi claim be offset against Egg debt which was previously owned by Barclaycard?

4) Would a successful Halifax ppi claim be offset against Lloyds debt?

5) Where can I find a template letter for a CCA reminder?

Many thanks

HITS · 6 September 2017 at 11:17AM

Hi Sourcrates and Fatbelly

I would be grateful if you could advise with regards to above questions pls?

Many thanks in advance and your help is greatly appreciated as ever!

fatbelly · 6 September 2017 at 11:48AM

1. I think that's a reasonable strategy, except that you could start the F&F offer now. I don't see much point in CCA reminder letters. They're looking and they'll either find it or, quite likely, do a reconstituted version.

2. I don't think it should happen but it does sometimes. Ii suppose the vendor feels some responsibility to the debt buyer.

3&4 That's most unlikely.

HITS · 6 September 2017 at 3:09PM

Thanks Fatbelly

1) If I was to offer f & f settlement now, surely they wouldn't accept low ball figure as there's still a possibility of CCA? On the other hand, no CCA means I have the negotiating power?

2) What is a reconstituted version? Where would stand with this if they produce this?

3) So I should put in the claim for Barclaycard and Halifax ppi which should not be offset against other debts as mentioned?

4) Where can I find a reminder letter template?

Many thanks

fatbelly · 6 September 2017 at 5:33PM

1&2 At the moment the debt is unenforceable, which is a good starting point for negotiations. If they reconstitute a cca then they comply with s77-79 and it's enforceable again.

If the account is pre-April 2007 you do have another line of argument.

3. Absolutely - if you have been missold ppi then you should complain.

4. Don't know - never use them.

HITS · 7 September 2017 at 11:07AM

Thanks Fatbelly.

Yes all the accounts were opened pre April 2007.

1) Should I offer Cabot and Robinsonway £50/debt as f&f settlement?

2) Where can I find a f&f settlement letter along these lines?

3) With regards to the two debts (Amex & Capital One) which will be statue barred in couple of years, should I offer them f&f and what likely figure are they likely to except? I want to be clear of all these debts asap!

Many thanks

HITS · 13 September 2017 at 9:57AM

Hi Fatbelly

I would be grateful if you could advise with regards to above questions pls?

Many thanks in advance and your help is greatly appreciated as ever!

fatbelly · 13 September 2017 at 1:31PM

HITS wrote: »

Thanks Fatbelly.

Yes all the accounts were opened pre April 2007.

1) Should I offer Cabot and Robinsonway £50/debt as f&f settlement?

2) Where can I find a f&f settlement letter along these lines?

3) With regards to the two debts (Amex & Capital One) which will be statue barred in couple of years, should I offer them f&f and what likely figure are they likely to except? I want to be clear of all these debts asap!

Many thanks

The standard National Debtline letter is here

https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

It doesn't count as an acknowledgement of the debt as negotiation is being done on a 'without prejudice' basis.

I haven't come across offers less than 10% being accepted and at least a couple of those debts are fairly chunky.

This is a long thread and I'm losing track of where we are but I seem to have said

I'd leave Amex alone as it's been 4.5 years since you heard anything. That one might be written off.

If you've not heard anything from Capital One for a year it's a toss-up whether to leave it or not. Maybe leave it till last

Has anything happened recently with either of those two?

New member – Debts / Anxiety / Depression – Advise Needed

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