Could somebody please reply to Soenner1976......

[Plinth]

............I have much the same question to ask.

If I make a claim, and it turns up an old debt that wasn't settled. What is the legal situation?

1. Have I acknowledged the debt and therefore it becomes live again?.
2. Can they use the PPI money to offset the old debt?

If this has been covered in another thread please tell us where to look.
Any help would be much appreciated.

[pt2537]

............I have much the same question to ask.

If I make a claim, and it turns up an old debt that wasn't settled. What is the legal situation?

1. Have I acknowledged the debt and therefore it becomes live again?.
2. Can they use the PPI money to offset the old debt?

If this has been covered in another thread please tell us where to look.
Any help would be much appreciated.

Can you perhaps give us a little more info about the case, its almost impossible to try and advise based upon the above

[Plinth]

Hi, thanks for posting.

I can't give details of a case because there isn't one......yet.
I have lived outside of the UK for a number of years.

What myself and Soenner are concerned about is, if there are debts from 10 or 15 yrs ago,(in Soenners case the 1990s), will a PPI claim re-awaken the debt?
Can they say that the PPI claim is £3000.....but the debt is £7000, so you need to pay us £4000.
.....or are we best just let sleeping dogs lie?

Soenner has listed the specifics of his case so if you reply on his thread it will inform both of us.

Thanks again.

[charitynjw]

Hi, thanks for posting.

I can't give details of a case because there isn't one......yet.
I have lived outside of the UK for a number of years.

What myself and Soenner are concerned about is, if there are debts from 10 or 15 yrs ago,(in Soenners case the 1990s), will a PPI claim re-awaken the debt?
Can they say that the PPI claim is £3000.....but the debt is £7000, so you need to pay us £4000.
.....or are we best just let sleeping dogs lie?

Soenner has listed the specifics of his case so if you reply on his thread it will inform both of us.

Thanks again.

Are either of them subject to a CCJ?

[Plinth]

This is pre 2008 crash debt.
No CCJs.
No letters anymore.
Nobody chasing the debt.

This is why we are both reticent about making a PPI claim.
What we are asking is, will we be creating a problem for ourselves.

[charitynjw]

A problem I can forsee is that, if the account is that old, lenders are only obliged to keep records for 6 years.
Of course, many keep records for far longer, so it may still be worth a punt.
If you don't ask, you certainly won't get.

If you hav not paid into the account, or acknowledged it in writing, for over 6 years (5 in Scotland), it will almost certainly be statute barred.

[Plinth]

Am I not acknowledging in writing if I make a PPI claim??

[des8]

Limitation Act 1980 section 5:
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Even if you make a payment after the debt becomes statute barred, no action can be brought. The clock is not restarted after the deadline is reached. .
Making enquiries about PPI won't restart the clock, but if repayment is made it may be deducted from the debt which is still owing

This from Stepchange; https://www.stepchange.org/debt-info...rred-debt.aspx
"Once a debt has become statute-barred or extinguished it can’t be restarted even if you make a payment to it"

[Plinth]

Thanks for all the help guys.....or girls.

I believe that many who post on here are legal professionals or work in the legal profession.
The time that you people give to this site is admirable.

[des8]

Thanks for all the help guys.....or girls.

I believe that many who post on here are legal professionals or work in the legal profession.
The time that you people give to this site is admirable.

A few are, the rest of us have just been through the mill

[charitynjw]

A few are, the rest of us have just been through the mill

I shertainly have! (Hic!)
Sheveral, hakcherlly.

[Amethyst]

The problem with these outstanding ( but statute barred ) debts and PPI reclaims, is you can only reclaim the PPI that you had paid and if the outstanding balance ( it's not legally extinguished just not enforceable while statute barred ) outweighs the amount of refund, then depending on the circumstances ( has it been sold on to debt purchaser etc ?) the refund could simply go to reducing the outstanding debt. But, no, once SB it stays SB, the PPI claim can't un-SB the original debt. PPI can be reclaimed back beyond 6 years due to it having been misrep/misleading at the time it was sold.