advice on reclaiming ppi after a bankruptcy.

dadoandrew

woodformoretrees, yes that's another point that puzzles me, where I think we would have a claim for ppi. The loans are all secured and we continued paying them so surely they wold not have been part of any trust deed or even bankruptcy?
the trustees before closing our cases last year did in fact take two PPI's that we did not even know existed. They were from old and paid off loans. We both actually remember at the time of taking the loans, to saying no thank you to the inclusion of ppi!! sneaky !!!!ers. So if anyone has any info or opinion on this I would love to hear.

dadoandrew

woodformoretrees wrote: »

And as they become automatically liable for full amount of the loan following the bankruptcy of the partner (f the loan was still running) would that have any impact at all on the PPI payment in relation to that loan, or is it just a 50/50 payout situation still?

That is a really interesting point. Is it a fact? so theoretically since my wife became became bankrupt all those years ago, the responsibility for existing loans reverts to me? mm Would love to hear more about that.

coolcait

dadoandrew wrote: »

That is a really interesting point. Is it a fact? so theoretically since my wife became became bankrupt all those years ago, the responsibility for existing loans reverts to me? mm Would love to hear more about that.

It's getting more complicated now!

If only one of you had entered an insolvency procedure (bankruptcy or Protected Trust Deed) then the other person would have been liable for the full amount of all joint debts.

However, your liability for the debts ended when you were dishcarged from your PTD; your wife's liability ended when she was discharged from her bankruptcy.

If the bankruptcy trustee hasn't yet been discharged, then any PPI refunds will vest in the trustee. If the bankruptcy trustee has been discharged, they can seek reinstatement in order to deal with the PPI refunds (if that will be cost-effective).

If the PTD trustee hasn't been discharged, then the PPI refunds will vest. Many trustees in trust deeds at the moment are staying in office, after the debtor has been discharged, specifically to deal with PPI.

If the PTD trustee has been discharged, then any PPI refund is yours.

dadoandrew

coolcait wrote: »

It's getting more complicated now!

If only one of you had entered an insolvency procedure (bankruptcy or Protected Trust Deed) then the other person would have been liable for the full amount of all joint debts.

However, your liability for the debts ended when you were dishcarged from your PTD; your wife's liability ended when she was discharged from her bankruptcy.

If the bankruptcy trustee hasn't yet been discharged, then any PPI refunds will vest in the trustee. If the bankruptcy trustee has been discharged, they can seek reinstatement in order to deal with the PPI refunds (if that will be cost-effective).

If the PTD trustee hasn't been discharged, then the PPI refunds will vest. Many trustees in trust deeds at the moment are staying in office, after the debtor has been discharged, specifically to deal with PPI.

If the PTD trustee has been discharged, then any PPI refund is yours.

Thanks coolcait. I am the ptd and I am indeed discharged as of may 2013.So if I were to find that I was due any ppi, then I could claim it?
Do you or any other forum user know of cases where this has been successfully claimed without interference from trustee, if the other partner was and is a discharged bankrupt?
ta

dadoandrew

Another issue that I am trying to clear up. the loans which I think we have ppi on, are loans which we kept up as they were secured on the house. Is it the case that these would be beyond the reach of trustee or would they make a claim there too? It has been my understanding that trustees were only able to go after old claims not active loans? I have no idea for sure if I am correct. So if anyone does know, I would love to hear about it.

coolcait

dadoandrew wrote: »

Thanks coolcait. I am the ptd and I am indeed discharged as of may 2013.So if I were to find that I was due any ppi, then I could claim it?
Do you or any other forum user know of cases where this has been successfully claimed without interference from trustee, if the other partner was and is a discharged bankrupt?
ta

You need to check that your trustee has been discharged too. You can have a look at the Register of Insolvencies on https://www.aib.gov.uk .

Find your own record, and it will have May 2013 showing against the 'date of debtor's discharge'. Make sure that there's also a date showing against the 'date of trustee's discharge'.

It doesn't matter whether you kept paying the loans or not. If the PPI refund would have vested in the trustee during the bankruptcy or PTD, then that's that.

I don't know of cases where someone has successfully claimed PPI without any difficulties with the trustee. I do know of cases where the PP was claimed by the trustee.