advice please

Woody76

Hi

Apologies if this has been asked before.

I have been through bankruptcy discharged over a year ago now. I know that any ppi claims have to be given up to the OR even now on anything relating to the bankruptcy. I have seen the press recently regarding the ccp claims. I am not sure till I check if I have any post 2005 but if I did do these also belong to the OR and under the same restrictions?

thanks in advance
Woody xx

rizla_king

CPP letters say on them that "If you are currently bankrupt or subject to an Individual Voluntary Arrangement, then you should pass this cheque on to your Trustee or Supervisor. " with the implication that if you are not currently bankrupt then you dont.

debt_doctor

Hi,


My thoughts are this is a claim that WOULD vest in the trustee. It is not about the product, it is about the (former) bankrupt no longer having the right to make the claim.
So it wouldn't matter if it were PPI or CCP or an employment tribunal claim or other claim - if the right to make a claim arose prior to bankruptcy, then (subject to some exceptions such as personal injury)the right to make the claim would pass to the trustee, for ever.


DD

rizla_king

Maybe you should tell CPP they have it wrong then?

Woody76

To be fair alot of the ppi companys if you ask them incorrectly tell you that if you are discharged you can keep the claim money so it may be the same with the cpp companies xx

debt_doctor

rizla_king wrote: »

Maybe you should tell CPP they have it wrong then?

Not really, I'm not responsible for their mistakes.

rizla_king

Most people would have no reason to doubt the CPP letter.

TheGardener

Sadly ignorance (on the side of either party) doesn't seem to be any defence in law. BR's, discharged or otherwise may 'get away' with not letting the OR know about a CPP refund. However, it does not mean they wont have to pay it back if they are subsequently 'found out'

debtinfo

dont forget that you agreed when you went bankrupt to turn over any assets, that is the overriding principle and is backed by the court and punishable by imprisonment. The agreement is between you, the court and the OR, it does not matter what any third party might have said or advised. you, the bankrupt is the person liable for the consequences not any third party.