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PPI Claims after bankruptcy

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  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Although of course the bankrupt has a continuing duty to co-operate with the OR even after discharge, and to tell the truth at all times. but also of course not all PPI was miss-sold so it is not a given that the OR can claim it
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • Metaxa
    Metaxa Posts: 8 Forumite
    Hi all, sorry its long!
    I have been thinking for a while about claiming PPI back as I was told when I took out a loan with Natwest that if I did not take PPI and I died that my next of kin would have to pay back my £10,000 loan! I was 20ys old and worried about leaving anyone with a £10,000 bill! So I fell for it!
    I was also told that it would cover me if I became unemployed through any reason and when I rang up toa few years later to say I was not working due to my company no longer employing in my area (security work) and becoming a full time student I was told I could not use my PPI and that I had to continue with my £302 a month installments.
    I asked them to cancel the insurance, which they told me they could not as it was attached to my loan and as they no longer sold that cover it could not be cancelled!
    Suffice to say, I couldn't afford to pay the loan every month, got into a lot of debt and had to go bankrupt.. Worst time ever! I went bankrupt in Jan 10, was discharged in Jan 11 but didnt keep all paperwork for the original loan I had with natwest and the £10,000 one I had that I used to pay off original and other debts. I have one bank statement with account number and sort code of loan..

    Do I have a case to argue with this as it would be great to get some money back but not sure if I would see any of it due to bankruptcy, although I am discharged and no longer owe anyone anything.. I was going to write a letter to Natwest as not being able to pay the loan was the main reason I had to go bankrupt (advised by CAB).

    I want to write them a letter but not sure what is best to put in it as I do not want to get a rejection due to not wording my claim right!
  • PippaGirl_2
    PippaGirl_2 Posts: 2,218 Forumite
    Did you complete the PPI forms the OR sent you following your BR where you needed to list any PPI you have paid over the years? If it was declared and the OR did nothing to claim it back then I would think you are free to do so yourself.
    "Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them." Dalai Lama
  • Metaxa
    Metaxa Posts: 8 Forumite
    PippaGirl wrote: »
    Did you complete the PPI forms the OR sent you following your BR where you needed to list any PPI you have paid over the years? If it was declared and the OR did nothing to claim it back then I would think you are free to do so yourself.

    I was never asked about PPI from the OR, I had to list all my debts (list of unsecured creditors) and that was it.. I have the bankruptcy paperwork and no mention of PPI just loan amount each month, as PPI was part of that loan I put the £302 a month that I paid..

    Someone on here on another forum has said I am not entitled to anything and to forget about it and move on with the rest of my life! Would like to know what my options are though especially as I was discharged almost 19months ago..
  • Heycock
    Heycock Posts: 1,359 Forumite
    Tenth Anniversary Combo Breaker
    It's black and white I'm afraid. If the PPI was paid by you before your BR then any refund belongs to your estate which is the property of the OR. There is no time limit.It doesn't matter how long after your BR you make a claim. You're trying to claim money that doesn't belong to you any more. Harsh maybe but that's the way it is.
  • mysterio_2
    mysterio_2 Posts: 525 Forumite
    500 Posts
    https://forums.moneysavingexpert.com/discussion/3766585

    from an ex insolvency examiner with considerable knowledge
    Friends help you move. Real friends help you move bodies.
    :p
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    mysterio wrote: »
    from an ex insolvency examiner with considerable knowledge
    From this site, an earlier response to the OP before he ever posted on this forum;
    As you are a bankrupt, any redress (should it be awarded) will be classed as an asset and will be seized by the Official Receiver for distribution to your creditors.

    So don't waste any more time with this.
  • PippaGirl_2
    PippaGirl_2 Posts: 2,218 Forumite
    I have at times doubled checked things myself just to be sure, I wouldn't take it personally.
    "Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them." Dalai Lama
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 July 2012 at 11:09PM
    PippaGirl wrote: »
    I have at times doubled checked things myself just to be sure, I wouldn't take it personally.
    I didn't take it personally, (but I admit I was irritated by his spamming of the forums-this was the third time he posted his OP!):D
  • Numoo
    Numoo Posts: 40 Forumite
    Just wanted to post that we were able to claim all of our PPI payments back despite being bankrupt, so it can be done! :thumbup:
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