PPI can I claim even if the bank/lender has a charging order on my property

[birdman]

Dear Beagles

I have 2 credit cards that c10 years ago went bad due to my finacial circumstances at the time.

I am now aware that these debt values contain an amount of PPi which would (a) reduce the balance or (b) maybe invalidate the orginal final charging order.

I understand that no funds will come to me but they should be claimed.

If a charging order is based on some part of illegality (ppi) could it not be argued that it is invalid.

I would appreciate your thoughts.

Birdman

[Turboman]

Re: PPI can I claim even if the bank/lender has a charging order on my property

Not sure myself--have tagged 2 who might know for you [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: PPI can I claim even if the bank/lender has a charging order on my property

Not sure myself--have tagged 2 who might know for you @nemesis45 @Amethyst

Thanks Turbo,

Nothing affects the attempt to reclaim PPI so get claiming.

nem

[Diana M]

Re: PPI can I claim even if the bank/lender has a charging order on my property

I am now aware that these debt values contain an amount of PPi which would (a) reduce the balance or (b) maybe invalidate the orginal final charging order.

I understand that no funds will come to me but they should be claimed.

If a charging order is based on some part of illegality (ppi) could it not be argued that it is invalid.

Without seeing the papers it's hard to comment.

But hypothetically speaking if a Charging Order has been obtained for a sum of money which was not owed (or the Claimant not entitled to) then you may be able to make an application to have the CO set aside.

A lot will depend on the facts/circumstances surrounding the original CCJ.

Was missold PPI raised as an argument at the time or was the CCJ a Default Judgment?

Did you know there was PPI on the account at the time of the CCJ?

Without the PPI (i.e. a refund due for misselling) would that reduce the balance owed to less than £1k or what would the balance owed (minus the PPI) have been at the time the CCJ was granted?

Have you made any payments towards the CCJ in the last ten years?

Is/was interest being added to the debt?

Di

[birdman]

Re: PPI can I claim even if the bank/lender has a charging order on my property

Hi Diana M

Thank you for your reply

Taking 1 case. This was a credit card with co-op now a re-sold debt.

There was a huge amount of argument over this as co-op continued to make payments to a Car hire company even after being the card being over its credit limit. The court at the time found no problem with that??

PPI was not raised as a issue then.

I was not aware of PPi at all at that time

I cannot imagine a refund would get the debt below £1000

No payments have been made in the last ten years.

Dont believe interest is accruing.

A final charging order was granted but with a caveat of a minimum forced sale value. (fortunately quite high)

[birdman]

Re: PPI can I claim even if the bank/lender has a charging order on my property

Hi Diana M

Thank you for your reply

Taking 1 case. This was a credit card with co-op now a re-sold debt.

There was a huge amount of argument over this as co-op continued to make payments to a Car hire company even after being the card being over its credit limit. The court at the time found no problem with that??

PPI was not raised as a issue then.

I was not aware of PPi at all at that time

I cannot imagine a refund would get the debt below £1000

No payments have been made in the last ten years.

Dont believe interest is accruing.

A final charging order was granted but with a caveat of a minimum forced sale value. (fortunately quite high)

[birdman]

Re: PPI can I claim even if the bank/lender has a charging order on my property

Hi Diana M

Have you any further thoughts on the information supplied

Birdman