Bank are offsetting PPI claim. Can they do that legally ?

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nomoremoney

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Post by nomoremoney » Sun Dec 11, 2011 11:42 pm
well, I don't know I have a ppi asset of 10k,I suspect I could from a private friendly disclosed opinion.I haven't claimed.The ppi asset doesn't exist.

And plasticcraft and Kallis have committed to say you can keep ppi cliams with Samantha's case after the TD or IVA is over on page 1? Dividends settled.

Sam' also said.... I agree with Foggy also if you are claiming whilst in an IVA but not if you have been released Melenie

Are your views and foggy the same? He hasn't answered yet and instead went on about inheritance which I didn't ask about.
Last edited by nomoremoney on Mon Dec 12, 2011 12:20 am, edited 1 time in total.
 
 

Broke of London

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Post by Broke of London » Sun Dec 11, 2011 11:50 pm
Foggy and I are of the same opinion on this. His point about inheritance was to show how PPI would be treated as any other asset would.

I'm afraid I disagree with you about the asset not existing until you make the claim - the asset exists at the point the PPI is mis-sold so you have the asset now which makes it payable to creditors. This is why a PPI claim is also known as a PPI refund.
 
 

kallis3

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Post by kallis3 » Mon Dec 12, 2011 6:38 am
What I actually said was that I thought they could - I have very little knowledge of trust deeds which is what I also said. I always stand to be corrected if I am wrong and Mel's knowledge is obviously far greater than mine.
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Foggy

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Post by Foggy » Mon Dec 12, 2011 5:54 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by nomoremoney

well, I don't know I have a ppi asset of 10k,I suspect I could from a private friendly disclosed opinion.I haven't claimed.The ppi asset doesn't exist.

And plasticcraft and Kallis have committed to say you can keep ppi cliams with Samantha's case after the TD or IVA is over on page 1? Dividends settled.

Sam' also said.... I agree with Foggy also if you are claiming whilst in an IVA but not if you have been released Melenie

Are your views and foggy the same? He hasn't answered yet and instead went on about inheritance which I didn't ask about.
Hi again, (or is courtesy superfluous in this context?).
The reason I haven't replied again is that I have no more to say on the subject which would prove in any way useful. I have stated the position as regards what should be paid into the IVA.
As BoL rightly said, the reference to Inheritance was illustrative, to help get across a point which is obviously being missed, or ignored.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Foggy

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Post by Foggy » Mon Dec 12, 2011 6:02 pm
While I am on a roll ...... Might I also point out ( since you regularly have a dig at various mentors and experts) that this is primarily a support forum. We can ogffer opinions and interpretations, but cannot be 100% specific as each IVA is individual (there is a clue in the name). Even the forum IP's can only give educated general advice on many matters.

The only person who can give a definitive answer is your own IP.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kazzafunk

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Post by kazzafunk » Mon Dec 12, 2011 6:07 pm
Totally agree with you Foggy. As we have seen recently, IP companies interpret instructions in different ways so we can only go with advice and support.
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sponge

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Post by sponge » Mon Dec 12, 2011 7:26 pm
It's still the banks that smell. Funny how they can try to set off yet and they are allowed to, were due. In the construction industry they used to do this, it was only carried out by what was considered scallywag builders. So it was outlawed by an act of parliament in May 1986, shame they don't see the banks in the same way
 
 

Samantha.1

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Post by Samantha.1 » Mon Dec 12, 2011 7:45 pm
I really didnt want to kick off an argument with this post. I was worried that even tho I have been released from my TD, which should mean that my debt has been wiped out, the bank still holds this debt open otherwise they wouldnt be able to offset it. If this is the case have any of my other creditors done the same. Think about it, if that is the case then i will never get a credit rating back. Will update you when I have an answer from Gladstone, they have passed my file to their spealist department. Sam x
 
 

kazzafunk

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Post by kazzafunk » Mon Dec 12, 2011 8:02 pm
Shouldn't worry Sam - some of these threads can cause strong feelings either way!! PPI is a bit of a hot potato on here at the moment.

Let us know how you get on!!
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IVA completed 21/03/2012
 
 

Foggy

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Post by Foggy » Mon Dec 12, 2011 8:11 pm
Not an arguement, Sam -- just a good old fashioned discussion. As long as we stay away from religion or politics we should be OK :-)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kazzafunk

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Post by kazzafunk » Mon Dec 12, 2011 8:45 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

Not an arguement, Sam -- just a good old fashioned discussion. As long as we stay away from religion or politics we should be OK :-)
Won't be long before we have to add PPI and Vat refunds to that list Foggy![:D]
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IVA completed 21/03/2012
 
 

Samantha.1

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Post by Samantha.1 » Mon Dec 12, 2011 8:56 pm
Thanks guys. I will keep you updated as it could be useful for all you guys still in your IVA's. Sam xx
 
 

Samantha.1

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Post by Samantha.1 » Tue Feb 21, 2012 5:03 pm
Good news for those who may be in my situ. I ave had a call from Gladstone to state that the bank are not legaly allowed to offset the debt so it is to be paid to me. My Trustdeed company have stated that by law the debt is written off at the end of the trustdeed, so can not be offset. They are now saying that they do not have a copy of my release letter from the trustdeed so require that before they can re-consider. They would have had to have had this previously, which they did, to offer me anything in the first place. Gladstone have now sent this by recorded delivery so I will let you know if I actually get the payment. Fingers crossed.x Hope you are all coping ok with your IVA's.xx
 
 

Broke of London

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Post by Broke of London » Tue Feb 21, 2012 5:30 pm
I honestly can't see how this isn't an asset of the trust deed, but congrats.
 
 

kallis3

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Post by kallis3 » Tue Feb 21, 2012 5:33 pm
If you've been discharged though then surely the money will be yours?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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http://kallis3.blogs.iva.co.uk
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