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  • FIRST POST
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 7:56 PM
    • 9Posts
    • 0Thanks
    lizzzzzz
    Help, years old loan sent to debtC but found ppi
    • #1
    • 12th Mar 18, 7:56 PM
    Help, years old loan sent to debtC but found ppi 12th Mar 18 at 7:56 PM
    Hi, am trying to help a family member, she took out a loan of approx 5k years ago when she was in full time employment, was paying it back etc without problems, she then became ill with rheumatoid and other health issues and she rapidly lost her mobility, ending up bedridden and in a wheelchair and unable to work. (Debt was with Lloydís)

    Obviously without her wages she could no longer afford the loan repayments and the debt went to court and moorcroft have been taking a pound a month off her for years ever since, the debt stands at the moment around 7k

    Now very recently it has been discovered she had PPI on the loan, which she had no idea about until 6m ago, at present Iím taking that through an online company to reclaim but ideally she is not really interested in the ppi payment, rather that the debt is wiped and no longer liable for it.
    At this point we have no idea how much the ppi claim Is worth but she is thinking of paying off the loan if itís enough.

    My question i guess is that where does she stand? Obviously she knew nothing about the ppi until now, but that is exactly what it should of been used for,no? To pay the debt when her health deteriated?

    What action can she take, if any?
Page 1
    • BorisThomson
    • By BorisThomson 12th Mar 18, 8:01 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    • #2
    • 12th Mar 18, 8:01 PM
    • #2
    • 12th Mar 18, 8:01 PM
    You've made a huge mistake using a third party to reclaim your PPI. Any compensation will be offset against your debt, but you're still going to have to pay the third party their fee.

    How did you not know you had PPI, did you not notice on your statements each month?
    • DCFC79
    • By DCFC79 12th Mar 18, 8:04 PM
    • 31,665 Posts
    • 19,974 Thanks
    DCFC79
    • #3
    • 12th Mar 18, 8:04 PM
    • #3
    • 12th Mar 18, 8:04 PM
    Hi, am trying to help a family member, she took out a loan of approx 5k years ago when she was in full time employment, was paying it back etc without problems, she then became ill with rheumatoid and other health issues and she rapidly lost her mobility, ending up bedridden and in a wheelchair and unable to work. (Debt was with Lloydís)

    Obviously without her wages she could no longer afford the loan repayments and the debt went to court and moorcroft have been taking a pound a month off her for years ever since, the debt stands at the moment around 7k

    Now very recently it has been discovered she had PPI on the loan, which she had no idea about until 6m ago, at present Iím taking that through an online company to reclaim but ideally she is not really interested in the ppi payment, rather that the debt is wiped and no longer liable for it.
    At this point we have no idea how much the ppi claim Is worth but she is thinking of paying off the loan if itís enough.

    My question i guess is that where does she stand? Obviously she knew nothing about the ppi until now, but that is exactly what it should of been used for,no? To pay the debt when her health deteriated?

    What action can she take, if any?
    Originally posted by lizzzzzz
    If she had ppi why did she not claim on the policy ?

    Oh and a belated welcome to MSE.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 8:14 PM
    • 9 Posts
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    lizzzzzz
    • #4
    • 12th Mar 18, 8:14 PM
    • #4
    • 12th Mar 18, 8:14 PM
    To clarify, it!!!8217;s a family member, I do not really have the time to sort out claiming it for her so found a local online firm that!!!8217;s charges 10% which I thought was ok. Yes I could prob do it for her but wanted a quick and easy way without having to get too involved.

    She has multiple health problems and has never been good with paperwork, she mostly had carers or support workers helping her with paperwork so no idea how they missed the ppi stuff.

    She didn!!!8217;t claim as at the time (about 20yrs ago) she had no idea she had ppi, this fact has only come to light in the last 6months! My argument is that the bank have been pretty dishonest as she told them her health problems and that she couldn!!!8217;t work so couldn!!!8217;t continue to make the repayments, surely they should of suggested at that point making a ppi claim to cover the loan repayments?
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 8:15 PM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    • #5
    • 12th Mar 18, 8:15 PM
    • #5
    • 12th Mar 18, 8:15 PM
    So Lloyd!!!8217;s will automatically take the ppi anyway to offset the debt? Dam, thought we could negotiate a settlement if it was anywhere near enough.
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 8:17 PM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    • #6
    • 12th Mar 18, 8:17 PM
    • #6
    • 12th Mar 18, 8:17 PM
    Sorry, no idea why there!!!8217;s loads of random characters throughout those posts!
    • zx81
    • By zx81 12th Mar 18, 8:17 PM
    • 16,841 Posts
    • 17,853 Thanks
    zx81
    • #7
    • 12th Mar 18, 8:17 PM
    • #7
    • 12th Mar 18, 8:17 PM
    You'll be just as involved using a claims company as doing it yourself. Possible more, as you may want to check their work.

    Do note, as said above, that you will need to pay them out of your own pocket, as the redress will go against the loan.

    Unless you are going to pay for this yourself, I think you should warn your friend. If money is tight, she will need to work out where to find the money.
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 8:21 PM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    • #8
    • 12th Mar 18, 8:21 PM
    • #8
    • 12th Mar 18, 8:21 PM
    Oh god. Can I stop the process or is it too late now? She has signed the forms etc and is waiting to hear back the banks response now the ppi firm have written to them to claim it back.

    Is there anything she can do though about the fact they are trying to enforce a debt that should of been covered by the ppi in the first place?
    • DCFC79
    • By DCFC79 12th Mar 18, 8:24 PM
    • 31,665 Posts
    • 19,974 Thanks
    DCFC79
    • #9
    • 12th Mar 18, 8:24 PM
    • #9
    • 12th Mar 18, 8:24 PM
    To clarify, it!!!8217;s a family member, I do not really have the time to sort out claiming it for her so found a local online firm that!!!8217;s charges 10% which I thought was ok. Yes I could prob do it for her but wanted a quick and easy way without having to get too involved.

    She has multiple health problems and has never been good with paperwork, she mostly had carers or support workers helping her with paperwork so no idea how they missed the ppi stuff.

    She didn!!!8217;t claim as at the time (about 20yrs ago) she had no idea she had ppi, this fact has only come to light in the last 6months! My argument is that the bank have been pretty dishonest as she told them her health problems and that she couldn!!!8217;t work so couldn!!!8217;t continue to make the repayments, surely they should of suggested at that point making a ppi claim to cover the loan repayments?
    Originally posted by lizzzzzz
    Might be in luck with the claim.

    Wouldnt take long to fill the form in, maybe 15/20 minutes but your choice.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • zx81
    • By zx81 12th Mar 18, 8:25 PM
    • 16,841 Posts
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    zx81
    Check the contract - see if there is a cooling off period, but you are going to need to be quick.

    If not, you will have to hope they put in a poor complaint which isn't upheld.

    I doubt you will have much success with a retrospective claim on the policy, but it's certainly better than paying someone for a stamp. Send them a complaint and see what they say. They may at least come back with a settlement figure.
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 8:37 PM
    • 9 Posts
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    lizzzzzz
    I also wrote to moorcroft to ask for a copy of the original CCA which they say will be forthcoming, if they can!!!8217;t produce this, is the debt even enforceable as I thought it wasn!!!8217;t if they couldn!!!8217;t provide a signed copy of the CCA?
    • zx81
    • By zx81 12th Mar 18, 8:40 PM
    • 16,841 Posts
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    zx81
    If they can't produce a CCA, it will be unenforceable.

    However, the bigger concern is the PPI company. If your friend is only paying £1 a month, it's fairly irrelevant whether the debt is enforceable or not, as it's not particularly a burden at present. When were payments last reviewed?
    • Shakin Steve
    • By Shakin Steve 12th Mar 18, 8:51 PM
    • 1,429 Posts
    • 1,152 Thanks
    Shakin Steve
    Sorry, no idea why there!!!8217;s loads of random characters throughout those posts!
    Originally posted by lizzzzzz
    http://appleinsider.com/articles/17/09/26/tips-turn-off-ios-11-smart-punctuation-to-avoid-data-entry-problems
    I came into this world with nothing and I've got most of it left.
    • lizzzzzz
    • By lizzzzzz 12th Mar 18, 9:01 PM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    That is the thing, I know itís not a huge amount, but itís the stress and hassle every six months that falls on me as she has to keep sending in a financial statement/breakdown to support the £1 a month payment, otherwise they say they will want to increase the payments. She has been disabled and on the same benefits now for years and will likely be until she dies so her financial position is unlikely to change. Itís a pain having to keep filling out these financial statements and I think mentally/emotionally she just hates having the debt hanging over over.

    I checked the last email online from the ppi company, it was a thanks for letter of authority from her and that they would proceed with the claim-that email was 11 days ago so I assume if weíre quick I can email telling them she wants to use the cooling off period and no longer wants to claim?
    • mije1983
    • By mije1983 12th Mar 18, 9:08 PM
    • 2,992 Posts
    • 18,843 Thanks
    mije1983
    I checked the last email online from the ppi company, it was a thanks for letter of authority from her and that they would proceed with the claim-that email was 11 days ago so I assume if weíre quick I can email telling them she wants to use the cooling off period and no longer wants to claim?
    Originally posted by lizzzzzz

    I'd call them rather than email.

    • Clive Woody
    • By Clive Woody 13th Mar 18, 12:17 PM
    • 4,449 Posts
    • 5,057 Thanks
    Clive Woody
    I'd call them rather than email.
    Originally posted by mije1983
    I would do both. Call then email to confirm the telephone conversation.
    Rugby Union - The Greatest Game
    • lizzzzzz
    • By lizzzzzz 14th Mar 18, 10:54 AM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    Right, have sent a signed letter withdrawing the authorisation to continue with the ppi claim, family member has tried to ring them to cancel also, but when she was explaining why they just hung up on her, she tried ringing again and they kept hanging up on her. I guess itís best to write to Lloydís to ask them to only deal with her and not the ppi claim people as a second back up?

    What should she do now? At the moment moorcroft have written to say that Lloydís will be sending CCA, so are awaiting the outcome of that...I canít see it myself as the debt is 20 odd years old so I think they will say they donít have it due to the age...is there a template letter somewhere to send about the debt being unenforceable without a signed CCA?

    Really she wants to complain about the ppi never being mentioned when she got ill and couldnít pay, but Iím guessing itís best to wait for the CCA if it materialises as presumably if itís not enforceable then the debt is wiped anyway? Would it be worth then going down the route of reclaiming the ppi off her own back or not if the debt is wiped?
    • zx81
    • By zx81 14th Mar 18, 11:05 AM
    • 16,841 Posts
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    zx81
    If they can't produce a CCA, the debt isn't enforceable, but it's not wiped.

    Any redress will continue to go towards the debt.
    • ciderboy2009
    • By ciderboy2009 14th Mar 18, 11:50 AM
    • 410 Posts
    • 372 Thanks
    ciderboy2009
    If they've already got a CCJ against her then is there any point in taking the CCA route?
    The time to have done that would have been when defending the court action.
    • lizzzzzz
    • By lizzzzzz 14th Mar 18, 10:08 PM
    • 9 Posts
    • 0 Thanks
    lizzzzzz
    Looking into further I doesnít seem it ever went to court, the debt collection agency said it did but in their most recent letter it says it hasnít ever been to court. So the best to hope for is that they cannot find CCA and leave it at that?

    Is there a template letter somewhere on this site to send when they canít produce the CCA?
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