JOINT ppi claims post bankruptcy

marc3

The sticky thread above is closed-so apologies for a new thread.

I understand that any ppi for a bankrupt lies in the hands of the trustee as they are entitled to the 'asset'.

Am i right in assuming however that there is no reason for my wife (who was not made bankrupt )to pursue her own couple of ppi claims?

More interestingly-where we had 2 pre bankruptcy joint loans with ppi is that worth pursuing ?
Am i right here that technically the trustee would be entitled to recover 50% of any successful claim (my half )but not the full amount.

(am now discharged though i do not think that effects anything )
in practice -if we were successful in our joint claim-and br was 4 years ago-i anticipate that the trustee would not 'bother' anyway;but i am interested what in theory the position is in the case of a joint claim;and indeed if anyone has some practical experience of a similar claim in similar circumstances.

many thanks

marc3

'true communication is the response that you get'

Nil response so i guess that tells me something !!

Am being selfish by bouncing this question up for grabs again-but any informed response would be genuinley appreciated

tigerfeet2006

Sorry, it looks like your post got missed. I'm glad you bumped it.

As far as I recall if you have a joint PPI then your wife is entitled to her half. If I were you I would let the OR know you intend to claim it and your wife will take her half and you will send the other half to them.

Hopefully debt info will see tis and be able to confirm it.

ETA: Check out posts 23 & 24, 39 & 40 on the PPI question thread

https://forums.moneysavingexpert.com/discussion/3461629

marc3

Thanks-pretty clear then that i am not entitled to anything.

As posted on the 'main thread though-i remain a bit uncertain in the case of a joint claim as to whether i need to inform OR in advance that this claim is being made;or whether my wife can simply make the claim-and i forward half of any refund forthcoming to the trustees of my BR ?

As i did 'reveal' some potential ppi claims at the time of my BR-it may be that the OR has already made a claim-

so here is an interesting one-the OR may have received a refund and not passed on the 50% due to my wife !!!
how do i find out if that has occurred ??

tigerfeet2006

I would say that you would need to contact the OR before you start the claim and just let him know what is happening. Just email them and say your wife would like to make a claim on the joint PPI and you intend to give them your half or is there any other way that they want to deal with it. You may find that if she persues the claim that the creditor will give her her money and send the rest to the IS or keep it themselves towards your debt. You could also ask if they have made any claims as yet.

debtinfo

I think the question that needs answering here first before anything else, is whether you actualy technically have a JOINT claim or whether you really have 1 claim or seperate claims, and i think that is best answered on the PPI forum, so you may want to ask there first before coming back here for the bankruptcy part