PPI Reclaiming Discussion part 4

cappo

anaylorefc wrote: »

Cheers I found the egg number and called them. No PPI. Thanks for the info

check 3 times the banks will not be straight with you as i told lisajayne don't trust them, make certain before you right it off.

cappo

sparky0107 wrote: »

Evening
Can anyone please tell me is there still a 6 year time limit on PPI claims?

Thanks in advance

No you can go back potentially 20 years if you have or can get the paperwork

cappo

anaylorefc wrote: »

What would you suggest? No mention of PPI on my agreement (there's no box to tick or untick) and they've said I don't have it. Should I SAR them or are there other options first?

Thanks

Hi can you remember if you had ppi i remembered one of my accounts with Lloyds tsb going back 20 years although i always had ppi so it was a bit easier if you have asked them and they've told you no ppi next step is to sar them and i have done that after being told that i had no ppi on my 2 credit cards i'm waiting for my sar now.

cappo

mking wrote: »

Hello All,

I'm hoping for some guidance from the MSE community, but I recognise the following will be a bit messy. I've searched existing posts and elsewhere before and done the first few steps, but anyway, here goes....

My Dad was a sole trader with a small business employing 5 people. Sadly he died in 2000 at an early age of 58 from prostate cancer and the last few years were tough. In the last stages of the business there was a £20k overdraft that had built up over several years. This overdraft would go up and down but towards the end it stuck at this level as he was fighting the cancer and left incapacitated after various procedures.

At the time we tried to make a claim on a policy he had but we got bounced on a "prior medical condition". We pushed back, but they held firm. At the time we had too much on our plate and just thought "well he was diagnosed in 1992 even though the diagnosis was curative then....."etc So we left it. Belatedly I've caught on to the PPI fiasco and so I've been trying to pursue this for my Mum.

My Dad's business account was with Lloyds TSB and he'd been with them for 20 years+. This protection insurance was with Norwich Union/London & Edinburgh was for the overdraft.

This is where I run into problems on information and hope for help and guidance. We've submitted the template requests to Lloyds TSB and L&E (now Aviva) to request the T&Cs. They've basically said they don't have any records as it's too long ago.
We've followed that with a SAR. Same response - no info, too long ago.We have account numbers and with L&E we have the letters of correspondence when they bounced our original claim as they said the doctor said he knew about his condition earlier. These letters from L&E have the account number and we have sent them a copy, but still they say they have no information as it was too long ago.

My Mum did a clear out (cathartic) a couple of years ago as well unfortunately, so we have limited info. I can't find the T&Cs. I believe the monthly payment for the insurance was £27 per month, but I'm still trying to find when this stopped and started.

So I would welcome:
1. any views if I'm wasting my time?
2. Any copies of L&E terms and conditions from the year ~2000
3. Any view if I'm trying to claim back the monthly payments or potentially a payment of £20k that would have paid off the overdraft rather than us clearing it from the sale of shop premises and the rest of his estate.

At the end of the day I want to pursue this if it's at all possible, simply because it never did feel fair when they bounced our claim when he was ill. What's the point of the policy if we can't claim on it we thought? Of course if his prior medical condition was a problem then why sell the policy i.e. mis-selling as it's known as now.

Thanks for any help

Michael

Hi mike so sorry to hear about your dad i would pursue this, i don't know where you can go if they say they haven't got the info going back to that time i would email the ceo of both these companies, i'm sure our Di will find these for you as she's a lovely person. I would push to try to get this info, gently gently though, appealing to the respective ceo's better natures and you might get some compassion out of them, good luck.

Derwent

mking wrote: »

Hello All,

I'm hoping for some guidance from the MSE community, but I recognise the following will be a bit messy. I've searched existing posts and elsewhere before and done the first few steps, but anyway, here goes....

My Dad was a sole trader with a small business employing 5 people. Sadly he died in 2000 at an early age of 58 from prostate cancer and the last few years were tough. In the last stages of the business there was a £20k overdraft that had built up over several years. This overdraft would go up and down but towards the end it stuck at this level as he was fighting the cancer and left incapacitated after various procedures.

At the time we tried to make a claim on a policy he had but we got bounced on a "prior medical condition". We pushed back, but they held firm. At the time we had too much on our plate and just thought "well he was diagnosed in 1992 even though the diagnosis was curative then....."etc So we left it. Belatedly I've caught on to the PPI fiasco and so I've been trying to pursue this for my Mum.

My Dad's business account was with Lloyds TSB and he'd been with them for 20 years+. This protection insurance was with Norwich Union/London & Edinburgh was for the overdraft.

This is where I run into problems on information and hope for help and guidance. We've submitted the template requests to Lloyds TSB and L&E (now Aviva) to request the T&Cs. They've basically said they don't have any records as it's too long ago.
We've followed that with a SAR. Same response - no info, too long ago.We have account numbers and with L&E we have the letters of correspondence when they bounced our original claim as they said the doctor said he knew about his condition earlier. These letters from L&E have the account number and we have sent them a copy, but still they say they have no information as it was too long ago.

My Mum did a clear out (cathartic) a couple of years ago as well unfortunately, so we have limited info. I can't find the T&Cs. I believe the monthly payment for the insurance was £27 per month, but I'm still trying to find when this stopped and started.

So I would welcome:
1. any views if I'm wasting my time?
2. Any copies of L&E terms and conditions from the year ~2000
3. Any view if I'm trying to claim back the monthly payments or potentially a payment of £20k that would have paid off the overdraft rather than us clearing it from the sale of shop premises and the rest of his estate.

At the end of the day I want to pursue this if it's at all possible, simply because it never did feel fair when they bounced our claim when he was ill. What's the point of the policy if we can't claim on it we thought? Of course if his prior medical condition was a problem then why sell the policy i.e. mis-selling as it's known as now.

Thanks for any help

Michael

Hiya, was your dad's estate administered by a solicitor after he passed away ? If so it may be worth contacting the solicitor to see if they have any paperwork because the creditor would have had to provide proof of the debt to the solicitor before they were paid out - they may well have provided a copy of the overdraft agreement to claim their money from the estate.

Niggly_2

virtuous wrote: »

Dear Niggly,

Many thanks for your quick response. Yes I have a certificate dated March 10th 2006, there is also a note in my credit reference file (Experian). I was also told that after 3 years from the issue of this certificate, there will no mention of bankruptcy, is this right because it is now more than 3 years since the discharge.

Niggly, you have just made my week a little better.

Yes. Just send a copy of the discharge you have no insolvency practioneer looking after your case because you are discharged. Its a no brainer. The record however will stay on credit report 6 years then removed. They will have to pay you just call the number, scan,email,fax the discharge cert and the money comes to you.

Bankruptcy orders. These are deleted 6 years from the date of the bankruptcy order. Your credit file details can be changed to show the date your bankruptcy order ended. You can send a "Certificate of Discharge" from bankruptcy to the credit reference agencies, but there is a fee payable to the court for the certificate.
N:beer:

fermi

virtuous wrote: »

Many thanks for quick response. Their letter is very misleading, on one hand they are asking me to contact them if I agree with their final offer and in the middle of the letter, they put this about contacting official receiver.

Problem is, PPI claims are normally a "right of action" that vest with trustee and form part of your bankruptcy estate.

As such, the trustee has also taken over the right to receive any refunds as they are then contingent assets in your bankruptcy estate.

The fact that you are now discharged doesn't matter one jot as far as that is concerned, as long as the contract the right of action is based on pre-dates the bankruptcy.

The right of action and right to receive the monies stays with the OR/trustee.

Rumours also suggest that the government Insolvency Service is looking to see if they can claim monies en mass from all the cases they now have a right to take forward.

Niggly_2

mking wrote: »

Hello All,


At the end of the day I want to pursue this if it's at all possible, simply because it never did feel fair when they bounced our claim when he was ill. What's the point of the policy if we can't claim on it we thought? Of course if his prior medical condition was a problem then why sell the policy i.e. mis-selling as it's known as now.

Thanks for any help

Michael[/QUOT

http://www.co-operativebank.co.uk/bank/pdf/PPI_Personal.pdf. This is a NU/LE policy okay sold by the coop but may help you

More modern AVIVA/LE sumaary docyument
http://www.co-operativebank.co.uk/bank/pdf/credit_card_protection.pdf

Niggly

virtuous

Hi Niggly,

I have just found this from another forum - another person who believes like you. See below:-

I want to clarify a complete and total misunderstanding by certain posters on this forum, regarding the issue of whether a discharged BR actually still owes any previous creditor anything....

There seems to be a misleading trend regarding the myth that moneys are still owed, after bankruptcy proceedings have been completed.

Let me make this clear.....an individual , once discharged from bankruptcy, owes absolutely nothing whatsoever with regard to any debts that were included within that bankruptcy.

For anyone to suggest...especially on this forum, that a debt still exists post-bankruptcy, is doing nothing to enhance the beliefs of those who are more vulnerable to the fears, trials and tribulations which bankruptcy can be perceived to hold.

Bankruptcy is a lawful process....and can only be sanctioned by a Court.

It is not a condition obtained by applying to some sort of agency...or purchased over the internet...or provided by a commercial undertaking. [unlike a DMP, for example]

Any debt perceived to exist post-BR does so solely in the imagination of individuals......and not in reality......so let's not pretend it does, eh?

fermi

The predisposes that the refund money belongs to you in the first place.

If you've gone bankrupt, then in a very legal sense it's not yours to receive.

It doesn't go to the OR because you "owe" it to them. Or because you still "owe" your former debts.

It goes to them as it belongs to them. Or more precisely it belongs to your estate in bankruptcy.

From the Official Receiver's guidance notes.

Following the unsuccessful challenge by the British Banking Association to the guidelines issued by the Financial Services Authority (FSA) for dealing with PPI complaints (see paragraph 31.9.61) [note 8], it is anticipated such complaints will be settled by the financial institutions without the complainant needing to seek recourse to the Financial Ombudsman. The FSA guidance requires that banks analyse past sales for the purpose of identifying and compensating victims of mis-selling, so compensation may be payable to a bankrupt even if he/she has not been actively pursuing a claim.

As outlined in paragraph 31.9.61, a complaint for mis-selling of PPI, or compensation paid in this regard would vest in the official receiver as trustee of the bankruptcy estate.