PPI Reclaiming Discussion Part 5

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  • j5emm
    j5emm Posts: 29 Forumite
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    Around 1998 but it's still open
  • steviehud37
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    Hi Guys
    would love some help please
    It was Martin programme which got me thinking
    My Dad was self employed and bought car on HP and took out PPI
    Dad died over 10 years ago

    Purchased 1993(23 years ago) is that ok ?
    Mum has given me the full paperwork
    Because Dad died -can i claim ? or must it be mum ?
    Resolver -looks complicated because of my family situation
  • dunstonh
    dunstonh Posts: 116,461 Forumite
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    Purchased 1993(23 years ago) is that ok ?

    It is pre-regulation. If he bought via a car dealer then they only became regulated in Jan 2005. I am assuming car dealer as you mention it was HP. If not, please confirm what it was.
    Because Dad died -can i claim ? or must it be mum ?
    The executor of the estate can make the complaint in his name. Although its not worth it if its a car dealer.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • j5emm
    j5emm Posts: 29 Forumite
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    so, having checked through my documents, I sent the Dorothy Perkins complaint letter to Genworth, not had a reply from them, the letter from AXA (which I thought was the first reply from that complaint)has a completely different account number on it so I'm not sure what that one is? will give them a couple more weeks and then contact Genworth if I don't hear anything from them about the DP complaint.
  • -taff
    -taff Posts: 14,537 Forumite
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    You can if you like, but Genworth don't have to pay out either...
    Shampoo? No thanks, I'll have real poo...
  • clairehoward
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    Hoping for some advice. My brother in law was contacted by his bank to advise that he was missold PPI. He processed the claim with them and was advised on a payout. However once processed they advised that due to him becoming bankrupt a few years ago he actually owes them money. This sounds underhand to me. They hadn't asked him to repay any money due to bankruptcy before but seems like they saw a way to seek this from him now. Why else would they let him know that he is owed money from them? Any advice would be appreciated
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    They made the right call.
    Why else would they let him know that he is owed money from them?

    Because that's what they're obliged to do.
  • dunstonh
    dunstonh Posts: 116,461 Forumite
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    My brother in law was contacted by his bank to advise that he was missold PPI.

    CCLs are not confirmation you have been mis-sold. They are an invitiation to complain if you think you have been mis-sold. So, at the point of issue, they have not run any checks other than whether you had PPI or not.
    However once processed they advised that due to him becoming bankrupt a few years ago he actually owes them money. This sounds underhand to me.

    its not underhand. The bankruptcy check is done only after a complaint is upheld and the redress calculation is being prepared.
    Why else would they let him know that he is owed money from them?

    They didnt let him know that. He is misreading what a CCL told him. He then acted on that CCL and they investigated his complaint which they went on to uphold.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Nasqueron
    Nasqueron Posts: 8,884 Forumite
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    Bankrupts 100% cannot profit from pre-bankruptcy assets, any PPI refund relating to a pre-bankruptcy asset belongs to the Official Receiver and the bank can off-set it against any unpaid debts should they wish to
  • angel_whip
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    Hi

    My husband is on a DMP with old debt that has been sold on from the original companies (in some cases twice). Although he's not 100% sure if there was PPI on any of it, the companies involved I would be very surprised if there isn't any. BUT he is worried if he claims it might upset the apple cart - I have a few questions I'm hoping someone can help us with:

    * Would claiming PPI in some way jeapordise his DMP - although from research I think this is a no...
    * ...does he claim from the original company he got the loans / credit cards with?
    * If there is PPI monies owed, and the debt has been sold on, would the money go to pay off the debt (which would be totally fine) or go to him?
    * Are there any other considerations?

    I'm really tempted for him to use a Claims Management company as his case is complicated and because of the financial problems he had, he finds dealing with anything like this incredibly stressful BUT I'm adverse to losing the money, and also don't know what the case would be if the money paid off his debt directly, but he needs to pay the claims management company 30%??

    Thanks for any help - know this is a more complicated one.
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