PPI advice please

[Florida06]

Hi, I have an M&S loan which I have been repaying via Rockwell DCA for many years. I CCA'd them and the doc I received appears to be enforceable, but I have been told that if I start to reclaim the missold PPI on the loan then I can place the account in dispute. Is this accurate ??

I want to repay the loan since I have been doing this for years, it's just I cannot afford what I was originally paying and don't want to be taken to court. Thanks.

[LuggerBugs]

Re: PPI advice please

Well, do you think you have a claim for mis-sold PPI? Certainly, the fact that PPI is there MAY be a reason to dispute the agreement. Perhaps reclaiming the PPI would provide sufficient funds to clear the amount you owe, or at least take a big bite out of it?

Why not post up a copy (minus personal details) of the agreement, and tell us why you think you were mis-sold PPI in the first place? Let's take it from there.

[Florida06]

Re: PPI advice please

Ok, thanks for the advice. At work now so will post up later, but was going to make a claim based on I already had redundancy and illness insurance cover.

For info, I have been repaying several debts for over 10 years now and obviously some are with DCAs. I have CCAd this particular DCA on a loan and credit card acount and the card CCA is just an app form, but the loan appears to be valid. I don't want to put the unenforceable one as AID incase they get nasty with the other one if you are with me.

[Florida06]

Re: PPI advice please

http://i30.tinypic.com/2mmwm0z.jpg

Hope that has worked. Thanks.

[Tools]

Re: PPI advice please

It didnt, but this should.

[Florida06]

Re: PPI advice please

Any advice please?

[Tools]

Re: PPI advice please

Have bumped and flagged this for you.

[Curlyben]

Re: PPI advice please

Well that fails under CCA s61.
It is missing 2 prescribed terms, namely rate of interest and repayment details.
Also missing required terms of Total cost of credit and the Total amount payable is incorrectly stated.

There you go.

[LuggerBugs]

Re: PPI advice please

Wot CB sez. Plus, even if the latter were there, IF PPI were mis-sold, it would make a nonsense of the figures anyway.

So, since you seem keen to repay the loan, might I suggest adding into your letter of complaint about the PPI the fact that you have reservations regarding the enforcability of the agreement AT ALL. And that should they delay the resolution of your dispute, this would be an area that you would be taking a greater interest in.

That should focus their minds a little.

[Florida06]

Re: PPI advice please

Hi, thanks so much for your replies. I will take your advice, but I'm more confused than ever now as I was informed by a couple of members of another forum a fortnight ago that this was most definitely enforceable.

[Florida06]

Re: PPI advice please

Hi, sorry to be a pain with this one, but would I approach M&S to reclaim the PPI and can I put the account in dispute? Or would I approach their DCA. When I CCAd them, I wrote to Rockwell but the docs came directly from M&S.

[Guest]

Re: PPI advice please

Deal directly with M&S.

[Florida06]

Re: PPI advice please

Thanks.