PPI Refund on Defaulted Tesco Credit Card

[Cena34]

My partner has been offered a PPI refund from Tesco for a credit card she had with them, they wrote to her with a questionnaire and have now come back with an offer.

 

The credit card account hasn't been paid for some time and we've had the usual runaround from Tesco and various DCA's. I've done CCA requests whenever a DCA has written and they've all disappeared and we've heard nothing from anyone for a while.

 

On the offer from Tesco it states 'By signing this form I confirm that this offer is rightfully mine and the payments will be applied against any outstanding arrears and any surplus will be issued to my bank account'. There would be no surplus.

 

From looking at a few other threads it looks like they can offset in some circumstances but I'm not sure whether they can in this case, I'm not 100% sure whether the debt has been sold or just assigned to a DCA, does this make a difference?

 

I haven't done a SAR, should I do so?

 

I've roughly worked out the figures for the offer that they've made and I'm happy that it's about right.

 

Anything else I should be doing to try and get the full refund?

 

As always any help is gratefully received.

[ims21]

Have a look on your credit file and see which company's name is against the account.

 

Have you ever received a notice of assignment?

 

If the original creditor still owns the account then they can set the refund off against the account.

 

If the account has been sold on then there is no such right.

[Cena34]

I need to dig all the paperwork out that she's had from Tesco to check for a notice of assignment, I've got a feeling that there is one but that might have been for one of the many other debts!

 

If there is a notice of assignment am I OK just to send back the document Tesco have sent or am I better writing to state that it can't be offset because blah blah blah.

 

I also read that they can offset everything except the interest, is this right?

 

Thanks for the speedy reply.

[ims21]

Have a look at your credit file first to see which name is against the account.