I have been sending letters to Halifax (Loan Officer) since 2013 requesting a full refund of my PPI payments made on this loan plus interest. I have copies of my letters and also copies of the Proof of Postage which I completed every time I sent him a letter. All my letters were ignored. Original loan (including interest) was around £22,000) and was taken out in 2006. I never wanted PPI but was told at the time that I had more chance of getting the loan if PPI was taken out. I was self-employed at the time. I did fall on hard times and struggled to make payments. The loan now stands at £8741.46. Quite a large amount has been paid which included the PPI payments I made. Since Restons entered a claim against me the amount now outstanding including Court fees is £9,251.46. My various letters to Halifax went unanswered in 2013 and 2014. I received correspondence from Capquest originally and explained to them that I was waiting for Halifax to respond to me about the refund of my PPI payments. They put the matter on hold on the 7 August 2013 whilst they took instructions. I received a letter from Halifax, Senior manager, Credit Operations in October 2013 stating that as they had not been able to agree a suitable repayment plan with me they have transferred the matter to Westcot Credit Services. Not once has the Senior Manager ever acknowledged my request for the return of PPI payments made plus interest. I wrote to him again on the 12 Feb 2014 stating I was still waiting to hear from him re: PPI mis-sold to me. I never received a response. Then in December 2014 I received a letter from Restons threatening Court action if I did not make payment in full. I wrote to Restons again explaining the above. In January 2015 they entered Court action against me. I filed a Defence stating the above and attaching all letters and proof of postage to the Loans Manager at Halifax. It appears that Restons are rather unhappy that I have entered such a Defence. I received a letter dated 11 February 2015 from Restons asking me to withdraw my defence and attaching an Admission form. Their reasons are: "We are aware that you have filed a Defence to the Claim issued against you, whereby you allege that this account was in a PPI dispute with Halifax prior to the assignment. We can confirm that all PPI complaints should be directed to the original creditor, Halifax. PPI is a separate issue and if a complaint is upheld the original creditor will refund the policy, it will not be deducted from the balance of this claim". I do not know anyone who has received a cheque for return of PPI when an alleged debt is partially outstanding. Everyone I have spoken to says it was offset against the outstanding amount. Indeed my father in law owed money to Abbey National for a credit card. He then noticed he had been paying PPI on the credit card. Abbey acknowledged this and reduced the outstanding amount by offsetting the PPI payments he had made (plus interest). I made 2 telephone calls today to 2 different banks. They both confirmed that if PPI payments were returned to a customer who had an amount outstanding on a loan, credit card etc they would not send the PPI payments to the customer but would offset the amount against the outstanding amount. My question is why do Restons think differently. They know I would not receive a cheque. Let's face it just getting Halifax to acknowledge my PPI claim would be a miracle. I want to write back to Restons but I am not quite sure what I can say. Is there anything I can send them to prove they are wrong in their assumption. Incidentally when I filed the Defence I also sent copies of all letters to the Managing Director at Halifax. I have not received a response. I also submitted an official complaint about the Halifax Loan Officer. It would appear that when Halifax sold this alleged debt to Cabot Financial they never told them I was requesting a refund of the PPI payments I had made. I think Cabot are a little unhappy. We are talking about quite a lot of money in PPI payments plus interest. Any help you could give me regarding a response to Restons would be very much appreciated. Thank you
Restons acting for Cabot Financial - some guidance needed. Thank you
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