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  • FIRST POST
    • Babymimi1981
    • By Babymimi1981 13th Sep 18, 6:59 AM
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    Babymimi1981
    Dmp/ppi problem
    • #1
    • 13th Sep 18, 6:59 AM
    Dmp/ppi problem 13th Sep 18 at 6:59 AM
    What's this?

    BABYMIMI1981
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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
Page 1
    • Babymimi1981
    • By Babymimi1981 13th Sep 18, 7:01 AM
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    Babymimi1981
    • #2
    • 13th Sep 18, 7:01 AM
    • #2
    • 13th Sep 18, 7:01 AM
    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
    • By -taff 13th Sep 18, 8:04 AM
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    -taff
    • #3
    • 13th Sep 18, 8:04 AM
    • #3
    • 13th Sep 18, 8:04 AM
    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
    • By Babymimi1981 13th Sep 18, 2:19 PM
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    Babymimi1981
    • #4
    • 13th Sep 18, 2:19 PM
    • #4
    • 13th Sep 18, 2:19 PM
    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
    • #5
    • 13th Sep 18, 2:40 PM
    • #5
    • 13th Sep 18, 2:40 PM
    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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Babymimi1981
    • By Babymimi1981 13th Sep 18, 11:53 PM
    • 7 Posts
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    Babymimi1981
    • #6
    • 13th Sep 18, 11:53 PM
    • #6
    • 13th Sep 18, 11:53 PM
    Thank you susie. Where do i go from here? X
    • sourcrates
    • By sourcrates 14th Sep 18, 1:59 PM
    • 15,701 Posts
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    sourcrates
    • #7
    • 14th Sep 18, 1:59 PM
    • #7
    • 14th Sep 18, 1:59 PM
    Thank you susie. Where do i go from here? X
    Originally posted by Babymimi1981

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


    thanks.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Babymimi1981
    • By Babymimi1981 14th Sep 18, 4:20 PM
    • 7 Posts
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    Babymimi1981
    • #8
    • 14th Sep 18, 4:20 PM
    • #8
    • 14th Sep 18, 4:20 PM
    Thanks, however i posted it on the ppi board and they told me to move it here lol
    • sourcrates
    • By sourcrates 14th Sep 18, 4:54 PM
    • 15,701 Posts
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    sourcrates
    • #9
    • 14th Sep 18, 4:54 PM
    • #9
    • 14th Sep 18, 4:54 PM
    Thanks, however i posted it on the ppi board and they told me to move it here lol
    Originally posted by Babymimi1981

    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.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • -taff
    • By -taff 14th Sep 18, 5:07 PM
    • 8,678 Posts
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    -taff
    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
    • By -taff 14th Sep 18, 5:08 PM
    • 8,678 Posts
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    -taff
    if it were me, i would drop the entire thing.
    Originally posted by sourcrates

    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
    • sourcrates
    • By sourcrates 14th Sep 18, 5:45 PM
    • 15,701 Posts
    • 14,771 Thanks
    sourcrates
    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
    Originally posted by -taff

    Yes i thought it was too much to ask, as it docent fit there normal motis operandi.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Nasqueron
    • By Nasqueron 17th Sep 18, 5:27 PM
    • 5,940 Posts
    • 3,593 Thanks
    Nasqueron
    Yes i thought it was too much to ask, as it docent fit there normal motis operandi.
    Originally posted by sourcrates
    It is possible now to complain about the CMC to the legal ombudsman and there are certainly cases where the CMCs have been told to remove their fees if they should not have taken on the client due to past bad debt which was going to be (or had the potential to be) offset against unpaid money. It's really basic stuff, you borrow money, don't pay it back and then demand the firm give you more - of course they won't and the CMCs know this so should not take the case.


    http://www.legalombudsman.org.uk/cmc/

    See case study 1 for example
    http://www.legalombudsman.org.uk/case-studies-example/
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