PPI and discharged bànkrupt

Skliffy

Hi

This is my of first post, I'm a discharged bankrupt and I was contacted by a cmc called the entitlements agency who advised me i maybe able to claim PPI. I advised them I am a discharged bankrupt and I am currently in a DRO. The advisor who was called David told me dispute my financial situation I could still claim.

They sent me a claim pack and two weeks ago I received a letter from Barclay's advising they have issued a cheque made payable to the official receiver for the sum of £2602.49 and two days later I get an invoice for £748 which are the fees due for my successful claim.

Please can someone let me know where I strand with this invoice, I cannot afford to pay it and I am currently in a DRO.

Any advice would be greatly appreciated

Kind regards

Skliffy

dunstonh

This is my of first post, I'm a discharged bankrupt and I was contacted by a cmc called the entitlements agency who advised me i maybe able to claim PPI. I advised them I am a discharged bankrupt and I am currently in a DRO. The advisor who was called David told me dispute my financial situation I could still claim.

You can still complain. However, you have no legal right to the proceeds of that complaint if the premiums paid on PPI were prior to your bankruptcy. So, if your complaint was successful, the proceeds would be paid to the official receiver and distributed to those that you failed to pay when you were made bankrupt.

The claims company should be rejecting their services but in your case they seem to be breaching MoJ guidelines. However, that is fairly common as the cold caller is usually paid a commission to get people signed up.

lease can someone let me know where I strand with this invoice, I cannot afford to pay it and I am currently in a DRO.

You have been mis-sold by the claims company. Not good is it. Mis-sold PPI. Now mis-sold claims company.

As you were never going to get the proceeds and you made them aware of the bankruptcy, you should now complain to the claims company telling them they mis-sold you.

Skliffy

Thank you for your reply, I will complain to the PPI company. Does anyone have any template would be able to advise me what to put in the letter, I'm not looking for my PPI money back from the OR. My main worry is the PPI companies fees invoice. As I can't afford to pay it.

Insider101

I echo what Dunstonh says. As a bankrupt it is now established that you have no rights to the proceeds of any PPI complaint unless and to the extent that the proceeds exceed the size of your bankruptcy debts. It is for this reason that most of the (relatively) reputable ones will ask you if you are bankrupt etc... And if you are will probably not take you on as a client. Unfortunately this lot are not particularly reputable. But they were clearly negligent in not advising you that any redress would go to your bankruptcy estate and not to you directly. I can't really tell you how to write your letter of complaint to them but it needs to make clear that it is a formal complaint and that is the reason, plus that you will contact the Ministry of Justice if they continue to harass you.

[Deleted User]

Skliffy wrote: »

, I will complain to the PPI company. Does anyone have any template would be able to advise me what to put in the letter,

You'll need to remind them that you told them at the outset you were Bankrupt and as a result they should have alerted you to the fact that no redress would come to personally.
Good luck..

magpiecottage

I have been reading up on this today.
I think that, on bankruptcy, the OP lost the legal capacity to contract in relation to any claim of their PPI policy and the legal capacity to do so has never been restored.

If I am correct they would seem to be able to declare the contract with the ambulance chaser void.

McKneff

You lot are bluddy brilliant.... can you imagine how much better the OP feels after all your advice.


Great stuff and a smack in the face for the PPI company .

[Deleted User]

McKneff wrote: »

You lot are bluddy brilliant.... can you imagine how much better the OP feels after all your advice.

Unfortunately, "Skiffly" never returned to view the forum after the 18th of February. It would be interesting to hear how he got on...