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PPI Claims after bankruptcy

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  • Minxz
    Minxz Posts: 840 Forumite
    I keep getting phone calls from PPi companies, and each time I say, sorry, bankrupt, and thats enough to stop them in their tracks and go away! but, yesterday i got a call from another one, who kept putting different people on the line telling me that any loands etc i had before going Br in 2009, that were not included in the Br, and I had paid off ( ie, I paid off a 5k loan just before the br, as I wanted to have managed to pay off at least one company). So are they wrong?
    I read the first post, but does this apply to credit that was fully paid off before going bankrupt?
    the lady did raise my hopes, as my car is falling apart, lol, but after reading this I'm guessing i can't make any claims?
    Thanks for you're help :)
    :o:o:o
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Minxz wrote: »
    I read the first post, but does this apply to credit that was fully paid off before going bankrupt?

    Yes it does I'm afraid.

    Your "right of action" regards those claims and any money from them vest in the OR.

    The fact that those accounts were paid off beforehand is irrelevant.
    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
  • I went bankrupt in 2007 i had had a bank loan and credit crads for years until it all got too much , can i claim the insurance back what they keep advertising on tv ?
    BR as of 26th April 2007 and feeling 10 years younger :T

    If only ex could be sorted as easily :wall:
  • dojoman
    dojoman Posts: 12,027 Forumite
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • Many thanks , i didn't think i would have the right to make a claim as i owed the money but i get 2 or 3 phone calls pre night and it is driving me crazy .... wish you could stop these calls ...
    BR as of 26th April 2007 and feeling 10 years younger :T

    If only ex could be sorted as easily :wall:
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Are you saying you're still getting phonecalls chasing debt that was included in your BR? Or am I reading that wrong and you're getting these phonecalls offering services to help you claim back mis-sold PPI? If it's the former then there are some excellent template letters drafted by Fermi which you could send to get the calls to stop. If the latter then why not sign up to the Telephone Preference Service?
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • DON79
    DON79 Posts: 3,842 Forumite
    question! I had a northern rock loan which I didn't realise had ppi on.... I recently had a letter from northern rock asset management telling me I had this ppi and was I aware of it, which I was not. Now this loan that I had with Northern Rock was paid off in full in 2006 which was some 2 years before I even thought I would have to go bankrupt (2009). Since this loan was never in my BR and never part of the problem, I have put in a ppi claim on it as I didn't know that this cover was included. So in this instance, I would have thought someone like me would be entitled to claim under that circumstance? just wondered what opinions might be..... :)
    BSC #215/No.1 Jan 09 Club
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    OK. I've moved some posts/discussions between threads, otherwise we are getting general questions mixed up with those dealing with the mistruths of one company in particular.
    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
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    DON79 wrote: »
    question! I had a northern rock loan which I didn't realise had ppi on.... I recently had a letter from northern rock asset management telling me I had this ppi and was I aware of it, which I was not. Now this loan that I had with Northern Rock was paid off in full in 2006 which was some 2 years before I even thought I would have to go bankrupt (2009). Since this loan was never in my BR and never part of the problem, I have put in a ppi claim on it as I didn't know that this cover was included. So in this instance, I would have thought someone like me would be entitled to claim under that circumstance? just wondered what opinions might be..... :)


    no you would not, have you read post number 1
    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.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    DON79 wrote: »
    question! I had a northern rock loan which I didn't realise had ppi on.... I recently had a letter from northern rock asset management telling me I had this ppi and was I aware of it, which I was not. Now this loan that I had with Northern Rock was paid off in full in 2006 which was some 2 years before I even thought I would have to go bankrupt (2009). Since this loan was never in my BR and never part of the problem, I have put in a ppi claim on it as I didn't know that this cover was included. So in this instance, I would have thought someone like me would be entitled to claim under that circumstance? just wondered what opinions might be..... :)

    I'm afraid it still vests as an asset in your bankruptcy.

    The point is that all rights to make a PPI claim and receive the refunds are treated in the same way as an actual asset that you had at the time of going BR. i.e. when you go BR all the rights to them pass to the OR/trustee.

    Doesn't matter whether the account was part of the BR or not. Your right to the refund now originates from before the BR. As such, the second you went BR the right to receive that went to the OR/trustee. And it stays with them, even once yo are discharged.

    NR are probably sending out these letters in bulk now after last years PPI ruling, without checking to see whether you have gone BR.

    The problem is that if you make the claim and receive the money, then it's possible that the OR/trustee could come after you for it some time in the future.
    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
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