Bankruptcy and PPI

whiteknightuk1

so here is the issue


I was made bankrupt by the insolvency service in 2004
time has passed and all debts have been settled and bankruptcy ended end of 2010.
full and final settlement had been made and there was a suprless amount.

I have now applied for PPI claim from LLoyds and succesfull in getting a good amount.
I then find they have sent a cheque to the insolvency service without contacting myself to check if details are correct. they say I was in a IVA.. and that has never been the case !!

Where do I stand now, do I now deal with the insolvency service to get my PPI refund or do I deal with Lloyds and the FOS to deal with complaint on the poorly executed PPI refund.

Any good advice is appreciated !!

roonaldo

You dont stand anywhere, if the PPI is a pre-bankruptcy you dont even have a right to complain about it let alone receive the redress. The money will go to your insolvency practitioner to distribute to the receivers. Being discharged doesnt change this.

FOS wont change this decision either.

http://www.bis.gov.uk/insolvency/news/news-stories/2012/apr/ppi-mis-selling-claims-and-bankruptcy

antrobus

Doesn't it depend on what the OP precisely means by "full and final settlement had been made and there was a surplus amount"?

If the creditors have received 100% then the OP may very well get their PPI refund. However I'd have thought that Lloyds were perfectly correct in handing over the proceeds to the insolvency service.

roonaldo

Maybe then, OP contact the Insolvency Service

debtinfo

So the question is whiteknight, what do you mean by full settlement, have the creditors received a 100% payment of all debts and interest owed to them. where all of the costs of the bankruptcy paid. how where the creditors paid, through assets realised in your bankruptcy or through some other means. Di d you apply for and obtain an annulment.

whiteknightuk1

hi ... well I received a letter from the trustee that my house sale paid off all outstanding debts and that there was a surpless, but said this might be taken up by the trustees in expenses !!!

the PPI claim is pre bankruptcy, and im surprised this PPI money had to be any right of the I/S.
To be fair there was only one creditor... the IR and they got paid in full ... so where do I stand now.
do I need to go to the county court to get a full discharge notice, or do I approach the I/S to see if im entitled to the money?

roonaldo

whiteknightuk1 wrote: »

hi ... well I received a letter from the trustee that my house sale paid off all outstanding debts and that there was a surpless, but said this might be taken up by the trustees in expenses !!!

You may well be due something. You need to contact your insolvency practitioner.

the PPI claim is pre bankruptcy, and im surprised this PPI money had to be any right of the I/S.

They do have a right because you dont. Your debt was wiped remember by becoming bankrupt.

do I need to go to the county court to get a full discharge notice, or do I approach the I/S to see if im entitled to the money?

You should apply for the discharge certificate regardless. Yes you should approach your insolvency practitioner. See the the link I posted earlier.

debtinfo

The Trustee should have produced a release notice that details all income and expenditure in the case including their costs. This should have been lodged with the Official Receiver. Now that there is a new asset that has been realised then they should check this to make sure that all debts and costs have been paid. If they have then the payment should be sent to you, if not then it will be set against any outstanding debts or costs.

So i would contact the OR to make them aware that this payment has been made and ask them to check the Release notice.

whiteknightuk1

thanks for the valuable info !!
will check on Monday

whiteknightuk1

checked with the Or and yes they have advised I apply for an annulment notice.. and there is a surpless of money apparently !!
well looks like I will need to find out how much this is going to cost me !!!!
They did say that the PPI I applied for was above & over the amount they had claimed... so looks like I will be getting this back !!!
A visit to the OR office & then to the county court me thinks !!

alastairq

well done, good news