PPI and Bankruptcy

confusedscot

Hello,
My husband and I were both bankrupt and were discharged four years ago in 2010. Since then I contacted my accountant in bankruptcy to ask if they would have any interest in any of the PPI claims that I was making and I was told no, they were not interested. I have made a few successful claims with no problems at all.
My problem at the moment is that there is an outstanding complaint with NRAM that the Financial Ombudsman are looking at for me. As part of their investigations they have contacted my accountant in bankruptcy and they were told that they would not say whether they had an interest or not until they knew the amount of the claim. Can they do this? Also, as we are discharged and have been for some time if the accountant in bankruptcy say that they have an interest will they get the full amount and what happens to it then?- being discharged none of our creditors will get any of the money so will the AIB just get to keep it? Any advice is greatly appreciated.

dadoandrew

Hi I am very interested in your comments, I finished a trust deed and my wife is a discharged bankrupt. It is 6 years since commencement this October. But I have had a lot of conflicting information. Ranging from go for it and reclaim, to no chance mate the iva people will take it all off you!!
Good for you getting your money though. I wish that I could get some one to one in person advice and help with the credit rating stuff.

dadoandrew

confusedscot wrote: »

Hello,
My husband and I were both bankrupt and were discharged four years ago in 2010. Since then I contacted my accountant in bankruptcy to ask if they would have any interest in any of the PPI claims that I was making and I was told no, they were not interested. I have made a few successful claims with no problems at all.
My problem at the moment is that there is an outstanding complaint with NRAM that the Financial Ombudsman are looking at for me. As part of their investigations they have contacted my accountant in bankruptcy and they were told that they would not say whether they had an interest or not until they knew the amount of the claim. Can they do this? Also, as we are discharged and have been for some time if the accountant in bankruptcy say that they have an interest will they get the full amount and what happens to it then?- being discharged none of our creditors will get any of the money so will the AIB just get to keep it? Any advice is greatly appreciated.

I am really looking forwards to some input on this one.

dunstonh

The lender should just send the money to the official receiver. You have no right to that money as it is a pre-bankruptcy asset. However, if the OR then sends it on to you after then that is fine. These details are on the Govt's bankruptcy site.

Also, as we are discharged and have been for some time if the accountant in bankruptcy say that they have an interest will they get the full amount and what happens to it then?- being discharged none of our creditors will get any of the money so will the AIB just get to keep it?

The money should go to the creditors that went unpaid. Being discharged has nothing to do with it.

-taff

You do not have the right to complain about any PPI sold to you prior to or during your bankruptcy because it's a pre bankruptcy assett.
The OR only has the rigtht to complain.

If you did complain and were given any money, the OR has the right to demand it back.


The only PPI you can complain about is any that was sold to you post bankruptcy.


Post on the bankruptcy board for more info.

[Deleted User]

-taff wrote: »

Post on the bankruptcy board for more info.

Better to simply read this sticky from the Bankruptcy Board;

https://forums.moneysavingexpert.com/discussion/3766585

-taff

dadoandrew wrote: »

Good for you getting your money though. I wish that I could get some one to one in person advice and help with the credit rating stuff.

I was referring to this part with the part of my response you quoted.

[Deleted User]

-taff wrote: »

I was referring to this part with the part of my response you quoted.

"dadoandrew" didn't quote a response from you?

-taff

I quoted the part I was responding to.

The post was directed at you.

[Deleted User]

-taff wrote: »

I quoted the part I was responding to..

I'm now totally confused as to your point?

roonaldo

You had no problems with your previous complaints as you have been discharged for 4 years and you no longer appear on the bankruptcy register so they probably had no way of knowing you were ever bankrupt.

However you still had no entitlement to the money, it is not yours as you were made bankrupt remember. Only the insolvency practitioner has the right to complain and receive the redress. You contacted them and it sounds like they fobbed you off, its up to them to receive the redress and distribute it as apprioriate.