PPI reclaim after Divorce

Good morning everyone,

As a 'newbie' to this site, I have some 'simple' questions that I need some help on:

I took out a PPI policy on a loan (which was in joint names) whilst I was married - I was divorced in 2007 - (1)Can I reclaim the PPI, if so, must my ex-wife have a share?
(2) Does she have to be told about my reclaim of this PPI?
(3) What if I do not know her new address? (The divorce was very acrimonious!)

Any help you can provide will be VERY welcome!!!

Many thanks and best wishes to all

Dougal
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Comments

  • roonaldo
    roonaldo Posts: 3,420
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    You will need to get her authority to do this, as you said it was in joint names.
  • roonaldo wrote: »
    You will need to get her authority to do this, as you said it was in joint names.

    Good evening

    I thought that might be the case..BUT the Divorce papers clearly show the order of the Judge referring to no further financial matters, (paraphrasing this I know), to be claimed by either party. The other difficulty is I do not know where my ex now is (or even if she is still alive...)

    Best wishes to all

    Dougal
  • amersall
    amersall Posts: 17,004
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    Not sure on the divorce papers, it might be worth getting a free session with a solicitor.
    Could you contact the loan company and tell them what your divorce papers say and they can advise you what to do when putting a claim in.
    The loan company may just want to see a copy of your papers to prove your wife cannot claim and then they can just deal with you?.
    Sorry i couldnt be anymore help.
  • marshallka
    marshallka Posts: 14,585 Forumite
    Dougal16T wrote: »
    Good morning everyone,

    As a 'newbie' to this site, I have some 'simple' questions that I need some help on:

    I took out a PPI policy on a loan (which was in joint names) whilst I was married - I was divorced in 2007 - (1)Can I reclaim the PPI, if so, must my ex-wife have a share?
    (2) Does she have to be told about my reclaim of this PPI?
    (3) What if I do not know her new address? (The divorce was very acrimonious!)

    Any help you can provide will be VERY welcome!!!

    Many thanks and best wishes to all

    Dougal
    Hi, although the loan was in joint names sometimes the PPI only covers ONE of you. You would need to check this though and mostly its the main wage earner it covers. I have no idea of your financial status at the time of taking this out but it may be worth checking this before going through solicitors etc to make a claim.

    If its the case whereby both of you are covered (which is unusual) then you would need to make the claim jointly and they would only release any refund due with the consent of both parties usually.

    I am thinking here that maybe this policy only covered the main wage earner though!!!!
  • amersall
    amersall Posts: 17,004
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    amersall wrote: »
    Not sure on the divorce papers, it might be worth getting a free session with a solicitor.
    Could you contact the loan company and tell them what your divorce papers say and they can advise you what to do when putting a claim in.
    The loan company may just want to see a copy of your papers to prove your wife cannot claim and then they can just deal with you?.
    Sorry i couldnt be anymore help.
    Hi there, when i said consult a solicitor, i meant to make sure that your wife had no more claims on you financially, i did not mean to claim ppi through a solicitor!!. If you want to claim mis sell, then you can do it for free on this site, we will give you all the help you need.
  • roonaldo
    roonaldo Posts: 3,420
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    Dougal16T wrote: »
    Good evening

    I thought that might be the case..BUT the Divorce papers clearly show the order of the Judge referring to no further financial matters, (paraphrasing this I know), to be claimed by either party. The other difficulty is I do not know where my ex now is (or even if she is still alive...)

    Best wishes to all

    Dougal

    Your divorce and what the judge ordered are irrelevant, this is not the business of the firm that sold you the PPI, but between you and your ex. The lender cannot take sides due to divorce papersThis point needs to be sorted out amongst yourselves.

    From the lenders point of view, as the loan is in joint names and any redress due will be due to both of you, not one of you even if the PPI was in a single name, as you were both partly responsible for the loan. If they made an offer, it will need two signatures on and paid to the nominated bank account. Then its up to you both to dispose of it how you please.

    The problem is also due to Data Protection Act, as the lender cannot release information to you without joint authority.
  • UK007BullDog
    UK007BullDog Posts: 2,607
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    Some lenders will pay out only to the one person complaining and keep the other part for the partner.

    On some just wash their hands and pay it all out to the one person complaining and then if the other partner ever comes back and complains gets a letter telling them to go find their ex.

    If the PPi was just in one name, i.e. yours then you will get it all. If the PPI was just in the exes name you get nothing, even if you paid for it.
  • MRS_A_3
    MRS_A_3 Posts: 113 Forumite
    edited 1 May 2011 at 12:23PM
    Was this loan attached to a bank account at all?

    I reclaimed from my bank and they said they would refund back to the bank account I hold with them. This account used to be in joint names but was transferred to myself quite a while ago.

    I had a refund in full even though the original loan and account were in joint names. I thought I might have a problem but they didn't seem bothered tbh.

    *After a re-read it looks bad, but since I was the one who solely paid the loan from the beginning to the end I didn't have a problem with it even though it was in joint names and exH didn't care that I was left with all debts to pay as he was being kept by the State until he re-married and lives off someone else now.
    DMP member no 390

    Start date August 2010 - End date June 2019 (but working on it) Now down to September 2018 - now August 2017:j
  • roonaldo
    roonaldo Posts: 3,420
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    If the PPi was just in one name, i.e. yours then you will get it all. If the PPI was just in the exes name you get nothing, even if you paid for it.

    not necessarily, ive worked at a few lenders and FOS and all have required joint authority if joint loan (even if single name PPI) as both contributed. its not for lenders to intervene in personal disputes.
  • roonaldo wrote: »
    not necessarily, ive worked at a few lenders and FOS and all have required joint authority if joint loan (even if single name PPI) as both contributed. its not for lenders to intervene in personal disputes.

    That is correct, but real life (and I have paid out myself) proves that at times the rules are being stretched somewhat...... ;)
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