PPI Claims after bankruptcy

debtinfo

contact your ex partners Official Receiver, they can sign the form on his/her behalf, his/her share will go to the bankruptcy and your half can then be paid out

billyg240

Hi everyone, I've been looking through all the stuff on here and can't seem to find an answer to my predicament! I was dish charged from my bankruptcy in 2012 and last year I claimed ppi back from a card I had not knowing it had to go to official receiver, I got £1100 back. I've now got a letter from moon beaver who act for official recieved saying they r pursuing the card I had for ppi, and if I recieve anything to forward it to them, but I've already had it !! I never knew until coming on here that the money should go to OR. Can anyone help please. Thanks

fermi

Reply saying you have already had it as you claimed it in error.

Say that you can either pay them in full the money you received, or are willing to pay by instalments.

belledarkins

Hello
I am really upset and don't know what to do
I have been going through The Claim Guys regarding PPI
I was offered a refund however as I was bankrupt in 2007 discharged in 2008 it goes directly to the receiver
I wasn't informed of this during the calls, I wouldn't have signed up for it.
Now they are saying I am liable for the fee which I can t afford
PLEASE PLEASE PLEASE PLEASE can someone help me !!!!
I am not sure what to do or go from here
THanks
Belle

belledarkins

As per my note above my offer has also gone to my receiver. I wasn't aware until now that I am liable for the fee even if I receive the money or not and it wasn't brought to my attention either. Where do I stand ?
Belle x

TheGardener

Unfortunately, I think you are responsible for the fees but I would try and contact your OR and see if there is anything that can be done. It is ridiculous that people keep finding themselves in this position - PPI claim companies should be obliged to do insolvency checks before they sign people up to claim and made to forfeit the fees if it comes to light further down the line. :mad:

-taff

see if either of these threads are helpful
https://forums.moneysavingexpert.com/discussion/4068903

Posts 7 and 11

alastairq

I agree with TheGardener on this one. [and many other things too]....

Unfortunately, being unaware of one's duties as a Discharged [or otherwise] Bankrupt...or not having a commercial company make one aware of those duties, really doesn't wash.

As Discharged BAnkrupts, we really don't want every Tom, !!!!!! or HArriet doing Insolvency searches on us...we complain enough about it as it is?

Plus, as Discharged [or otherwise] Bankrupts, we are happy to wave the Law in the faces of those creditors who come out of the woodwork, unaware of the protections bestowed by our Bankruptcy Petitions, subsequent to the date of petition?

In the end, I 'believe' there may be some argument as to whether a Discharged [or otherwise] Bankrupt might be liable for fees incurred, on the grounds that, the Discharged [or otherwise] Bankrupt actually may not have the authority to enter into the contract? [That right being bestowed upon the Official Receiver?]

So, would the contract, if tested, be null & void?

-taff

And I agree with the above - the ability to complin about the sale of PPI rests with the OR, not you or the company.

You can certainly use that argument and complain to the Ministry of Justice.

TheGardener

-taff wrote: »

see if either of these threads are helpful
https://forums.moneysavingexpert.com/discussion/4068903

Posts 7 and 11

excellent link
and - I think alastairq might have a point - that in theory, as the OP had no right to make the claim - the contract could be viewed as void. However, this would probably take a legal precedent (unless one already exists?) to determine.

In the meantime - we just have to make sure as many BR's as possible read these posts so they understand the consequences - and the OP will have to try and work out a way to pay the claims company if the suggestion in the above quote doesn't work?