Alliance & Leicestr/Santander PPI

[Halibutt]

Hi All,

 

Hope you're well and a very Happy New Year!

 

A while ago, I helped a friend with her Santander (old Alliance & Leicester) loan from 1999.

 

She was (and still is) unable to work, through illness.

 

We sent a SAR to Santander,

who admitted in writing that they don't have the original loan agreement

- as it was before April 2007,

then they need it for recovery/court action.

The only correspondence from Santander since then has been a yearly statement of account.

That was three years ago.

 

She could really do with some funds at the moment to help with her disability issues and some equipment to help her with day-to-day life...

 

My question is,

would a PPI claim on the original Alliance and Leicester loan re-set the statute barred clock and/or open a whole new can of worms?

 

I realise that they may say they will off-set the PPI refund against the amount still outstanding on the loan.

 

Many thanks for any advice.

 

Cheers,

 

H. x

Edited January 2, 2018 by Halibutt
Sorry - duplicate post

[dx100uk]

if it is still with the original creditor

ie not sold to a DCA

then yes they will offset so little point in a PPI reclaim in that case.

 

yes it will be statute barred and a PPI claim cant unbar a debt

however, in E&W a statute barred debt still exists

the only diff is a court cannot enforce any judgement, so owners be that a DCa or the OC don't bother with court

unless they can get a backdoor CCJ to an old address.

 

there have also been examples of OC's buying back debts to offset PPI too.

[Halibutt]

Many thanks DX. I suspected that may be the case. I'll have to check with her to see if it was sold on, though I doubt it.

We'll see. I'll report back!