PPI Claims after bankruptcy

JCS1

cebco wrote: »

i was discharged in may 2011 claimed ppi 2014 loans taken out in 2006 bank loyds sent money to aib what can i do can i appeal against this they are going to reopen my insolvency to claim this money

Please read the first post of this thread which will explain the legal situation.

SomebodyToldMe

Papasmurf_64 wrote: »

Obviously you dnt know anything about the trade ... How do I delete my account on here as I'm finding it completely useless as the people who so called advises have never been in this situation and clearly have a happy go lucky life as for the general public who looses everything and not from pure greed looses out

People have been a bit harsh on ole pap smurf here......I mean, it's the banks with their greed that caused the PPI thing, and now when people are BR, the banks who caused this mess in the first place now get refunded for their own mess!?

Obviously rip off charges are a nice little brucie bonus for some fat banker!

alastairq

This is a forum primarily dealing with bankruptcy.....with participants proffering advice , help & support.

Most on here have been in similar situations to any poster hereabouts...there is nothing unusual about the circumstances...but that would be difficult for an individual who is struggling to come to terms with debt, & bankruptcy, to comprehend.

This particular poster sadly shows acute signs of a depression.....IMHO.....and reinforcing a concept of blame isn't productive for the poster.

By all means, slag off the banks....a scan through over the past half dozen years or so will elicit many quite lucid rants concerning banks, DCAs , etc....and some very thoughtful ways of dealing with them.

We've all been there.

Despite the deepest desires fo the poster, the advice given has been absolutely correct....but maybe that advice wasn't what some may want to read?

Nothing will change what has been said......unless we have several expensive Acts of Parliament..which is unlikely ever to happen.

With regards to the Court, moral issues are of no concern...certainly with regards to Bankruptcy.

We are not on here to deal with perceived rights & wrongs......but to deal with the Legal realities of a Bankruptcy.

At the same time, most are aware of the state of mind of many who read or post herein...such is the effect of debt....but, to cope with BAnkruptcy requires practical solutions , not wishful thinking.

Getting this across when it's not what folk want to hear is difficult at best.

georgiasmum

Thank you for the post. I have been a lurker now rather than posting because I have been really concerned about the tone of some people's 'advice'. Maybe I am being overly sensitive but I have been a bit put off posting recently. In regards to Papa Smurf's issues the PPI thing is beyond our control but he has alluded to others who have been very successful in bankruptcy and seem to be doing very well for wont of a better way of putting it...

I know exactly what he means as I have seen this happen too.

alastairq

but he has alluded to others who have been very successful in bankruptcy and seem to be doing very well for wont of a better way of putting it...

I know exactly what he means as I have seen this happen too.

One of the difficult things to comprehend....[largely due to being ignorant of the rules & regulations surrounding bankruptcy]....occurs when we come across what you describe above?

It just doesn't seem 'fair?'

Perhaps it is a case of, because we personally view our bankruptcy as a sort of 'punishment', why should that not be the case for everyone else?

Time & time again on here, those who contribute have to strongly make the point that BAnkruptcy is not a punishment.

Nor is it a criminal offence.

Perhaps confusion reigns because bankruptcy is an Order of the Court, stamped by a Judge?

If the above view is taken, then what about Divorce?

That process follows the same legal line....ie, cannot be achieved without the approval of a Court, and a Judge?

Bankruptcy [personal] is an individual petition.

And as such, although as individuals we may see 'evidence' of how bankruptcy affects those around us.....the reality is, BR isn't intended to affect anyone other than the debtor , and the creditors.

An individual, final, debt solution.

So if those around us have posh cars, a nice house, and offer to take us on expensive holidays..then, we might consider ourselves to be lucky?

And why not?

But, when we come across such things, we become aggrieved, do we not?

All borne out of ignorance of how BAnkruptcy works, and the individual circumstances of the person concerned?


How one takes advantage of what Bankruptcy offers us [in terms of a fresh start] is up to the individual.

Hcheefoz

Hi,

If we hadn't of been made to take out PPI on loans, we would more than likely have been able to pay the loans off and not go down the IVA/bankruptcy route

Recently, I was written to by one of the loan companies I had a loan with and I filled out the questionnaire they enclosed with the letter. They have now come back to say that my case is upheld and the IS will receive £2, 813.39. I had two loans with them and they are now investigating the other one.

With this in mind, hypothetically, if I made a claim for all the other loans we had with various providers, and the cases were upheld, our bankruptcy would more than likely be paid up in full on PPI refunds

So, the long and short of my question is, thanks to these companies, most of us are now taking the bankruptcy route when, maybe we shouldn't have because without the additional PPI charges, our repayment figures would have been a lot less, with a manageable repayment plan and would have paid the loan in full. We only had a year to go on them having paid 3 or 4 years already (depending on the loan)

Should this not be taken into account if we have been made bankrupt? It seems like there is a loophole in the system where the IS are now making money from our bankruptcy, rather than our bankruptcy being declared null and void due to the miss-selling of PPI (we were told in no uncertain terms, that we could not have the loans without PPI)

alastairq

Firstly, if..[and it's a big IF!].....there are surplus funds left over after all Bankruptcy costs, and known creditors paid out, the Bankrupt receives the balance.

Secondly, the repayment costs of credit are known at the outset, are they not?

If, for whatever reasons,an individual finds they cannot meet those costs [ie, cannot meet their debts as they fall due?] means insolvency is a fact.

As you point out, you had no choice?

Well, perhaps you did, at the outset?

Why not ask yourself, why you chose to do business with that particular lender?

In any event, once a Bankruptcy petition is sought, and granted, the Bankrupt's entire financial affairs are handed over to the Official Receiver. Who, as a Court Officer, takes full responsibility for them....including the responsibility of claiming any potential PPI.

The above is one of the facts the presiding Judge expects the petitioner to be aware of.

We could all go down the 'what if' route?

There are a lot of other things Bankrupts could have had access to, if not Bankrupt, such as cheaper credit, cheaper insurance, less hassle, etc etc.

Indeed, Bankruptcy isn't mandatory, either.

[Even if the petition is sought by a creditor, the debtor still has the opportunity to rebuff.]


In many ways, PPI going into BAnkruptcy estates is really a moral blessing.

After all, imagine the rumpus if the Insolvency Service was actually funded [topped-up] from the Public Purse?

jackio

I understand that I won't see a penny of my successful PPI claim from Halifax. Payment will be made directly to OR .I applied for that without informing OR. To tell you honestly, I was just trying to see what will happen because I was sent a letter that told me I would still have a claim even I was declared bankrupt. I applied on my own because I really don't trust 3rd parties. Anyway, I've moved house since I was discharged from bankruptcy . I didn't bother informing the OR about my change of address as I moved 2 years after being discharged and I thought they have nothing to do with me by then. Is the OR going to inform me about /acknowledge the payment? As I understand in this thread the OR will try and claim PPI on all my loans anyway. Surely, if they're going to file ppi claim on my loans they will need to contact me for information? I might still have some ppi claims on some credit cards but as I read here I shouldn't bother as it will just be a wasted effort because I won't get the money away. Thanks in advance for any reply.

-taff

You do not have the right to complain about the sale of PPI pre or during bankruptcy.

alastairq

-taff wrote: »

You do not have the right to complain about the sale of PPI pre or during bankruptcy.

We, actually, one does have the 'right' to complain!

Regardless of the presence of a bankruptcy!

Once the BR petition is granted, what the BR does not have the 'right' to, is seeking compensation, or a refund, for mis-sold PPI! That 'right' vests with the OR!

There is a difference between complaint about a [mal?] practice, and, seeking an outcome.