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PPI claim on debt sold to a collection agency

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  • PPI claim on debt sold to a collection agency

    Please forgive me if I am repeating old questions asked and answered.

    I have recently become aware I had PPI on a number of accounts (Bankloan and Credit cards). There is more than one valid reason for a repayment claim to be made and won. However I became ill in 2010 and was unable to continue with my self employment. Predictably I fell into arrears on these accounts, and they were subsequently passed on or sold to a collection agency. My Experian credit report shows these accounts, and they all have a balance of £0 against them.

    Is there a clear answer yet as to whether any successful claim for repayment will be paid to me or the the collection agency? As the agency will have paid pennies on the pound for these debts I would much rather negotiate a final settlement with the agency, rather than them offset any amount due against the full amount originally owed to the bank plus the exorbitant and unjustified fees since attached to the amount. They (the collection agency) have written to me on many occasions during the long running saga offering me substantial discount of the full amount they are attempting to extort from me, so I feel they have shown a willingness many times to accept a lower settlement.
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  • #2
    Re: PPI claim on debt sold to a collection agency

    Whether PPI compensation could be set off against a particular sold-on debt would ultimately be for the Financial Ombudsman to decide but unfortunately there's no definitive answer and would be looked at on a case-by-case basis. See this thread http://legalbeagles.info/forums/show...lection-agency

    You could suck it and see. In some respects you'd have nothing to lose except that if the debts are close to being statute barred, by claiming back the PPI on the original loans/credit cards it could be seen as acknowledging them.

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    • #3
      Re: PPI claim on debt sold to a collection agency

      By making a PPI claim to the original lender it would be implicit that I acknowledge the debt to them. However, as I am not intending at this early stage, contacting or discussing any claim with the collection agency I would not be acknowledging any debt to them.
      Any mention of the transfer or sale to a third party I make would be to ask the original lender to clarify the position about whether it was a transfer or sale, and to request details. And to disclose if there was any condition about transferring it back to the original lender should circumstances change.
      It may also be that the debt has subsequently been sold by the collection agency once again following failure to collect, meaning my debt is now in the hands of a fourth party (I have mail from different collection agencies over the last few years)
      Should I, at some point in the future, have need to write directly to the collection agency (Lowells) any letter will expressly state that the letter is not an acknowledgement of any debt to them, but a request for full information in much the same way as I would ask the original lender. I doubt highly that the two organisations will give me matching information.
      I anticipate that whatever happens it will take some time to wade through the mire. I am getting as much information as possible with regard to setting off as relates to my case before making any contact to anyone involved about a PPI reclaim, and have the August 2019 deadline in mind.

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      • #4
        Re: PPI claim on debt sold to a collection agency

        Last edited by TisMe; 20th October 2017, 14:23:PM.

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