PPI Claims after bankruptcy

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  • alastairq
    alastairq Posts: 5,030 Forumite
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    The right to claim PPI from any account prior to date of Bankruptcy vests with the Official Receiver.

    Regardless of whether it stems from an account which was not owed, or not.

    It is deemed 'an asset' in the Bankruptcy.

    It is entirely possible the OR's office has already pursued such a claim?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • TheGardener
    TheGardener Posts: 3,303 Forumite
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    edited 30 December 2014 at 11:52AM
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    This is advice from a PPI claims company who are now pursuing the one relevant case we have. It is no cost to us so the risk is all theirs. I doubt they would go to the expense of a claim if they didn't know what they were talking about.

    A PPI company are the last people I would take advice off - there is no real expense for them - its a punt - My understanding is that IF they were successful on your behalf, the bank themselves (as part of their checking process)would see that there has been a BR and send the cheque to the OR. The PPI company, as the claim was technically successful, would still want their cut of the payout - the problem may be that they would come to you for their cut even though the OR might keep the payout in full...Its a win-win for the PPI company ...

    Also see post #2 by Fermi here http://forums.moneysavingexpert.com/showthread.php?t=3461629
  • Rogdog79
    Rogdog79 Posts: 16 Forumite
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    Hi just a quick question


    I went voluntary bankrupt 3 years ago if I make a claim for miss sold PPI early 2000s any monies that may be owed from these various cases who will they go to ?


    Basically will the receiver from my bankruptcy 3 years ago get the monies ?


    :mad::mad:
  • fermi
    fermi Posts: 40,546 Forumite
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    They are your OR/trustees right to claim and right to receive the monies, so yes, anything you get should go to them.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Rogdog79
    Rogdog79 Posts: 16 Forumite
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    Thank you for that ,


    Do you by any chance know if this will always be the case i.e if a relative may pass away and leave monies in a will in 20years time ?


    Thanks
  • fermi
    fermi Posts: 40,546 Forumite
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    Monies in a will are legally different.

    The law says the OR/trustee can only claim those in cases where the person passes away before you are discharged. If it's afterwards, it can't be claimed.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Rogdog79
    Rogdog79 Posts: 16 Forumite
    edited 9 January 2015 at 1:00PM
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    Sorry to keep bothering you but discharged ? is that when my bankruptcy period is over ?


    If so can I then claim PPI without any chance of monies to the OR


    Also when is the discharged period as when I went bankrupt I was told 12months but have had no letters from them to clarify this word of mouth says various times from 12months to never as one day I would like to own my own house as I have changed my life around
  • luvchocolate
    luvchocolate Posts: 3,263 Forumite
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    Hi ppi will never be yours to claim that lies with the O.R before or after discharge.
    Automatic discharge is usually 1 yr past your b.r date, there is no notification, this is on the I.S website for 3 months we usually advice to copy this off before it disappears.
    There are a few threads running at the moment about mortgages, usually best to go through a mortgage broker and have a large deposit, best chance after 6 years ..more of a problem if there has been a repossession in the past.
    good luck
  • Rogdog79
    Rogdog79 Posts: 16 Forumite
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    Thank you for that.


    There was a repossession in my case but im now with a different partner who does have a decent size deposit but we want to buy together if not then can just my wages be taken into account as I earn double her income and just her name be on the mortgage as I don't mind that ?
  • luvchocolate
    luvchocolate Posts: 3,263 Forumite
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    Hi sorry this is not something I know much about...so will leave it to some of the other folk on here to answer.
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