PPI claim after Tomlin order has been completed

[Pancho7]

I've recently completed payments for an agreed amount with a DCA on a debt that went to court and we decided upon a discounted payment schedule.

 

The debt is finished as far as I am concerned but Im now wondering whether I can claim the historic PPI charges applied?

 

If so, who do I apply to, is it the original lender or the DCA? If its the original lender is there any time limit issue because they haven't dealt with this for quite a few years.

[fkofilee]

Yes you can because the lender is the one who had the PPI on the loan. DCA wise... Your business with them will be finished.

[fkofilee]

It should also be payable direct to you.

[citizenB]

If you have just discovered there is Payment Protection Insurance that was mis sold then you would request the refund from the original lender. Not the DCA.

 

You would need to send a Subject Access Request for data, including statements. - draft request in the CAG library, green tab at the top left of each screen. You need to send £10.00 with the SAR and they have 40 calendar days in which to comply with the request.

 

Once you have the statements, you would then complete a spread sheet - download the complaint form from the Financial Ombudsman's website and then send to the original lender asking for a refund.

 

I would suggest sorting this sooner rather than later - the Banks have been pressing the FCA to put an end date to the claiming of PPI - there has been sufficient advertising surrounding PPI mis selling.

 

You can submit a request for reclaiming for up to 3 years (I think) from the time you discover the mis selling.

[fkofilee]

While their will be a closure date, I would suggest that you get it done ASAP. Then youll be safe,

[Pancho7]

Thanks again CitizenB

[Pancho7]

You too fkofilee

[citizenB]

[obiter dictum]

Quick question

 

Can you claim back the PPI from the original creditor??

The reason i ask is that when you agree to a Tomlin Order secured through the court you are admitting the debt in full. The debt then belongs to the court as the original agreement will have been terminated. Breach the terms of that Tomlin order will result in an instant CCJ

 

The original agreement no longer exists to claim back any PPI

 

As to the DCA not being the creditor as to PPI claim:

 

What about Jones v link Financial being the assignee of a debt ??

 

The High Court has now ruled that the Assignee is the Creditor for litigation,

[Pancho7]

Are you sure the debt belongs to the court because I didn't pay the court the amount agreed, I paid the DCA this amount.

 

My understanding is that the PPI isn't related to the debt issue really, its just an amount that makes up the debt just like any purchases would for example.

 

Fyi, the tomlin order has now been fulfilled and the amount agreed has been repaid.

[obiter dictum]

The original debt secured through the Tomlin Order containing the PPI has been admitted though and secured via the court

 

I do not know the answer to be honest, That is why i am asking

[fkofilee]

Quick question

 

Can you claim back the PPI from the original creditor??

The reason i ask is that when you agree to a Tomlin Order secured through the court you are admitting the debt in full. The debt then belongs to the court as the original agreement will have been terminated. Breach the terms of that Tomlin order will result in an instant CCJ

 

The original agreement no longer exists to claim back any PPI

 

As to the DCA not being the creditor as to PPI claim:

 

What about Jones v link Financial being the assignee of a debt ??

 

The High Court has now ruled that the Assignee is the Creditor for litigation,

 

Something to remember here, if the balance is written off with it being sold to a Debt Purchaser, then the balance is no longer applicable to the original creditor but to the DCA itself.

A PPI reclaim can be made to the OC. The debt doesnt belong to the court. It remains with the party who initiated court proceedings.

[obiter dictum]

Yes fkofilee

 

The debt is secured through the court (Tomlin Order)

 

Jones v link Financial

 

The DCA will be the creditor and any claim for PPI will have to be made against them as the PPI is part of the original agreement/debt now assigned to the DCA, not the original creditor

 

If the DCA went legal then that will have been an absolute assignment

[Pancho7]

I like your inquiring mind cwk but as fkofilee rightly says/types the PPI is a different issue really than the debt.

 

By the way, once I completed the Tomlin order for an agreed reduced amount of the total debt. The original DCA had the cheek to sell the remainder amount to another DCA who strarting chasing this - cheeky blinders!

[Pancho7]

Whoa, now Im confused, who do I apply to for the PPI issue?

 

Maybe I should just apply to both and see what happens?

[fkofilee]

You what? The Tomlin order has been completed, but the DCA sold on the remainder to another DCA to collect?

Thats not right!!!

 

As for the PPI, have we not seen countless claims completed when an account was sold to a third party and the legal rights changed over. The claim was then made against the OC and they sent the money out direct to the customer?

No... The PPI Issue is with the OC and doesnt go to the DCA whether in court or not.

 

The OC sold you the PPI (Or a broker) they are the ones responsible for the PPI itself.

[Pancho7]

I know, I literally laughed out loud when that letter turned up.

 

Thanks for clearing that up fkoilee, will sort out the letter to the OC then.

[obiter dictum]

I am not disagreeing with you fkoflee as such but any successful PPI claims against the original creditor will go to the owners of the account, that being the assigned DCA to pass on any windfall

 

I feel we need absolute confirmation on this and not our own educated opinions

[fkofilee]

Yes fkofilee

 

The debt is secured through the court (Tomlin Order)

 

Jones v link Financial

 

The DCA will be the creditor and any claim for PPI will have to be made against them as the PPI is part of the original agreement/debt now assigned to the DCA, not the original creditor

 

If the DCA went legal then that will have been an absolute assignment

 

Yes the debt is secured through the court, but still remains with the DCA...

Pancho, go along with what we have told you and lets see what happens. Could be interesting as I really want to know.

 

Remembers,

 

Court - Own Legal Entity

DCA - Own Financial Entity

OC - Own Financial Entity

[fkofilee]

I am not disagreeing with you fkoflee as such but any successful PPI claims against the original creditor will go to the owners of the account, that being the assigned DCA

 

I feel we need absolute confirmation on this and not our own educated opinions

 

Arhhhhhh but there is nothing to pay to the DCA in question who got the Tomlin ORder... ^__^

So its free money for Pancho in this case,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395676-PPI-Claims-amp-Debt-Collection-Agencies

 

I kinda agree, that it should go to the DCA if a claim is successful providing the balance is still Outstanding etc and it is due if a CCA Request has been complied with.

[obiter dictum]

Like i said

 

Let us get it confirmed first

 

I am not saying i am correct, i just need to be proven in error with an objective source

[Pancho7]

I can't see any harm sending the letter to both parties.

 

Will let you know how I get on.