PPI after bankruptcy

mad_bad_spender

Hi

I am wondering if anyone has been in a similar situation and can perhaps give some advice.

I am now discharged from my bankruptcy but still paying an IVA, the trustees are demanding I sign a form to make a PPI claim on my previous loan and credit card. However I work for the bank in which the debt was held and I was very lucky not to lose my job when I declared bankruptcy so I am very unwilling to push my luck by now making a PPI claim against my ER.

When I discussed this with the trustees they advised that I am legally obliged to assist them? I don't want to risk losing my job and I would never get a job in the same field due to the br, so this is a real concern to me.

Can they really force me to sign the forms? They weren't interested in whether I thought the PPI was mis-sold or not, they will try to claim either way. All I have to do is sign.

Also I know I have to declare earnings etc due to the payments for the three years following br but how long can they continue to ask for further information? I still have issues with regards to a former property which I signed away five years ago and they are still asking for information on this and it will be three years in August since the br?

They are draining me with constant requests for information from themselves and their solicitor and its becoming stressful.

Any help gratefully received.

darren_clarke

the PPI will go to the OR, why do you still have a IVA if you went bankrupt, i thought it would of be included

mad_bad_spender

Sorry its an IPA I have which I have to pay to the trustees for three years after the bankruptcy. I know the PPI would go to the or but I dont want to make a claim against my er. It was a staff loan and cc so could affect my employment

tigerfeet2006

I think the OP means an IPA.

When you signed the forms you signed a legal undertaking to help the OR for as long as it takes to deal with your circumstances.

The PPI is due to the OR as it is an asset in your BR. See the sticky for info.
https://forums.moneysavingexpert.com/discussion/3766585

ETA; cross post. Unfortunatly I don't think you will have much choice in the matter as it is a realisable asset.

darren_clarke

sign it if they sack you, sue them

fermi

mad_bad_spender wrote: »

Can they really force me to sign the forms?

As far as I am aware they cannot force you sign forms if you do not wish to. The duty to cooperate does not extend that far if I recall.

What is the purpose of the forms? I presume it to give the bank authority under the Data Protection Act to disclose the information about the PPI to the trustee?

debt_doctor

I think the op has a very good point.

Whilst there is indeed a duty to cooperate - there is no duty to lie.

If you do not feel that the PPI was missold then you should say so, maybe on the lines of...... I was fully aware of all the t&c and felt that the product was of value to me and suited my circumstances.

The OR already has permission to make the claim because that right vested in the OR upon your BR date, but they have no right to expect you to lie to further their claim.

DD

fermi

fermi wrote: »

What is the purpose of the forms? I presume it to give the bank authority under the Data Protection Act to disclose the information about the PPI to the trustee?

If it is a disclosure authority, then this applies.

29. Can the official receiver obtain personal data from third parties?

Other data controllers will be under the same constraints as the official receiver when it comes to disclosing personal data. Whilst section 35(2)(a)& (b) of the DPA allows disclosure if it is required for the purpose of legal proceedings, or potential proceedings, there are no provisions in insolvency legislation which would entitle the official receiver to require that a third party make disclosure to him or her. The official receiver may quote section 35(2)(a)&(b) if refused information by a third party, but if the official receiver is unable to obtain the information by any other means, the bankrupt should be asked to sign a disclosure authority. If that fails, the official receiver may then consider obtaining an order under section 366 of the Insolvency Act 1986.

Same applies in principle whether it is the OR acting as trustee, or an independent trustee.

tigerfeet2006

Thanks for the input guys, that's good news.

fermi

Ah. I notice you are in Scotland. To be honest, I'm not sure if there are any significant differences in law applicable to this for Scotland? I would imagine not, but wouldn't like to say for sure......

debt_doctor

Yes, I missed that too, but I, like you, doubt you can be forced to lie in Scotland either!

DD