ppi questions

sausagelegs

Hello I am new to posting although I have been reading for months about PPI and successfully claimed back over 2k recently from an Egg loan that I have, so thank you for your inspiration.
I got myself in a big pickle a few years ago and had lots of loans, consolidated lots of times, eventually ended up losing the house due to negative equity and going bankrupt. It also ended my marriage and so for that reason it was such a dark place for me that I have not kept any paperwork or bank account details from that period. That was back in 2007. Thankfully that it is all behind me now and the future is bright now for me..
My Egg PPi claim was really easy and I needed no paperwork, they came back to me with my account number and it was all good. (This loan was paid in full years before my bankruptcy) A Halifax claim from a mortgage claim is pending and they also have provided my agreement number, still awaiting a decision on this one.
Now Black Horse is a loan I had with PPI on, when we took it out they said we needed it because of our circumstances, I have written to them and they have no record of me.. the same with Endevour Finance, and a couple of others. The only proof I ever existed really is a couple of pages of a credit report that I did in 2011 and they appear on there, but with no aggreement / account details. Believe it or not I am not even sure who I banked with at the time but the 2 choices I thought it might be say the records dont got back that far?? Am I stuck now.. ? Also sorry for the waffle.. 1 more question.. Alot of my problems came from a company called First Plus, I could write a post on this alone and had such a battle with them, however they sold a block insurance with the mortgage, this was £7k.. you had to buy it all at once to cover the whole period? I remember questioning that .. either way I have not bothered with it because the loan got put into the bankruptcy, but I really feel that was unethical, and not sure what happened to the insurance side of that loan.
I appreciate any help in advance and I am sorry if I have posted in the wrong place - feel free to pick me up and move me :-) :rotfl:
SL

dunstonh

My Egg PPi claim was really easy and I needed no paperwork, they came back to me with my account number and it was all good. (This loan was paid in full years before my bankruptcy)

Egg should not have paid you any money. This was a mistake on their part. However, you have a legal responsibility to let the official receiver know you have been paid a PPI refund that is a pre-bankruptcy asset. If it is found out later that you have received this and not declared it then you can face legal action.

Most providers check for bankruptcy before paying the refund. However, a number are now going back over old payouts where this did not happen and are notifying the official receiver directly.

I appreciate any help in advance

If these are all pre-bankruptcy then you may as well not bother as you have no legal right to any refund.

[Deleted User]

sausagelegs wrote: »

I appreciate any help in advance

You need to realise that bankrupts are not allowed to benefit personally from PPI complaints which are classed as "pre-bankruptcy assets". You can still complain of mis-selling, but any redress belongs to your Official Receiver for re-distribution to your former creditors.

You can read about it in more detail here;
https://forums.moneysavingexpert.com/discussion/3766585

sausagelegs

Thanks for your replies.. I had no idea of this.. I am amazed. I was told by one of the third party companies that 'plagued' me that if the loan was paid off in full before the bankruptcy, and in this case years before the bankruptcy then I did have a claim. It was a lifetime ago.
Maybe someone should tell these companies of this.. so I am guessing if anything did get claimed back through a third party company the official receiver could not touch their fee, but could take the other amount ?
Thanks for your time anyway .

dunstonh

I was told by one of the third party companies that 'plagued' me that if the loan was paid off in full before the bankruptcy, and in this case years before the bankruptcy then I did have a claim. It was a lifetime ago.

Claim companies are rife with dodgy sales people trying to earn a commission by getting people signed up. Somewhat ironic when you consider that is what they are slagging the banks off for doing.

Maybe someone should tell these companies of this.

the ministry of justice have been shutting CMCs down all over the place. Many phoenix up again under new names. Plus, CMCs are not as regulated as financial companies are. However, the MoJ rules do state they should tell people the truth about cases where the may not get the money and they should refuse their services.

The Governments site on bankruptcy also makes it clear:
http://www.bis.gov.uk/insolvency/personal-insolvency/ppi-mis-selling-claims-and-bankruptcy

so I am guessing if anything did get claimed back through a third party company the official receiver could not touch their fee, but could take the other amount ?

Worse than that I'm afraid. The official receiver should get the whole amount from you and you become liable for the CMC fee. Effectively, you end up paying the CMC for getting nothing. Although you could complain that the CMC did not act in your interests and in accordance with the MoJ guidelines.

[Deleted User]

sausagelegs wrote: »

Maybe someone should tell these companies of this..

Any claims company telling a bankrupt they can claim is not going to be swayed by the truth which they already know. Clearly, you have been "plagued" by one of the less reputable firms who are simply interested in obtaining their commission. As Dunstonh said above, it's possible for successful PPI redress to be paid direct to the Official Receiver and then for the claims company to still demand their fee. The bankrupt is then left with the Claims Company bill even though he has received nothing personally.


I do hope you haven't gone ahead and used this company for your complaint(s)?

-taff

sausagelegs wrote: »

I was told by one of the third party companies that 'plagued' me that if the loan was paid off in full before the bankruptcy, and in this case years before the bankruptcy then I did have a claim. It was a lifetime ago.
Maybe someone should tell these companies of this.. so I am guessing if anything did get claimed back through a third party company the official receiver could not touch their fee, but could take the other amount ?
Thanks for your time anyway .

The OR can demand any monies already paid to you, which as has been said, leaves you liable for the fee.
The bright spot is that they absolutely lied to yuo if they told you you could keep any money from pre-bankruptcy complaint, so there;s very little chance you'll have to pay their fee.

Check any terms and conditions ou have if you did sign up to any CMC, and cancel any complaints you may have pending. You don't have the right to complain, that rests with the OR.