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Advice required for a complex claim!
Steveb52a
Posts: 2 Newbie
Hello, first time posting but I think it's going to be a long one. It's advice I need regarding a claim that was made and paid out on (sort of) so I'll start at the beginning which is where I was made bankrupt just over 10 years ago. This was due to redundancy and a marriage break-up. Since then I have an exemplary credit record, two full bank accounts and have had three pretty succesful businesses. When I was made bankrupt the biggest debt (and the reason for the bankruptcy as they were ultra-unhelpful) was a Bank based in the largest county in England (I don't want to name them in case there is a legal problem with that, I'm sure somebody will tell me if it's allowed or not), a loan of £25,000 was written off.
I'll get to the relevancy now. Early last year this bank contacted me to fill in a questionnaire because I'd been a past customer and it was regarding PPI) it was only a questionnaire, nothing else, which I filled in, they then contacted me to say they had found two loans which I may be able to claim for a PPI refund on, me thinking yeah of course, why not (I had no idea at the time that bankrupts weren't supposed to claim and they never offered this advice), so then they contacted me once more saying they had found another 13 loans and included them in the reclaim which they found came to a total of £33,000+, I was gobsmacked but turned over the page to find that I wasn't getting any of it, it was going straight to the official receiver. I know this is correct and this isn't the problem.
The main problem is I don't think all these loans were just mine! Some were joint loans with my ex-wife and some were loans for her by herself. The Bank is refusing to speak to her saying they were mine so Data Protection forbids it! The Bank are being very vague about certain aspects especially where they say, and this is quoted, 'We have limited information from the time of sale to be able to determine in whose name the loan accounts (8 loan numbers) were in. We do know however that they could only have been taken in the sole name of one party. As the evidence is inconclusive we have taken the decision to proceed on the basis that these loans were in your name!' Unquote!
This is ridiculous and unfair to my ex. She earned a lot more than me so some of the other loans were definitely joint loans, I even have a letter from Exprerian claiming my financial association to my ex by ********* Bank Home Loans (not joint bank account or mortgage but loans) however the bank refuses to say whether there are any joint loans (which we know there are)! Also the Bank have stated that they could find no evidence of PPI on our (joint) mortgage (which is rubbish as there definitely was PPI on them) however there is an element carried forward from a previous mortgage which is being included (we always had a joint mortgage, of course) so surely my ex was entitled to some of this and proves it was joint! How can we get the Bank to admit that probably half of this belongs to my ex.
The problems continue though as we had a bad year last year and my partner and I only earned £3800 each last year (Brexit hit us hard) so we had claims for Tax Credits upheld however HMRC are claiming the £16000+ interest portion is classed as an income so I have to pay Income Tax on that even though the money was sent straight from the Bank to the Official Receiver, I never even got receipts as proof! They also won't pay any tax credits and want me to repay £1600 of tax credits which is nearly half of what I earned all year. I could understand it if I'd actually recived the money but I didn't and I won't!
But wait, it gets worse!! Even though the Bank told me they were paying the Official Receiver in May last year, they didn't actually return the acceptance letter till June this year so it was paid in a different tax year. Maybe somebody else has had some of these problems (doubtful) but if anybodycould give us some advice, particularly regarding the Bank's stance that everything is in my name when it's definitely not that would be great! Cheers!
I'll get to the relevancy now. Early last year this bank contacted me to fill in a questionnaire because I'd been a past customer and it was regarding PPI) it was only a questionnaire, nothing else, which I filled in, they then contacted me to say they had found two loans which I may be able to claim for a PPI refund on, me thinking yeah of course, why not (I had no idea at the time that bankrupts weren't supposed to claim and they never offered this advice), so then they contacted me once more saying they had found another 13 loans and included them in the reclaim which they found came to a total of £33,000+, I was gobsmacked but turned over the page to find that I wasn't getting any of it, it was going straight to the official receiver. I know this is correct and this isn't the problem.
The main problem is I don't think all these loans were just mine! Some were joint loans with my ex-wife and some were loans for her by herself. The Bank is refusing to speak to her saying they were mine so Data Protection forbids it! The Bank are being very vague about certain aspects especially where they say, and this is quoted, 'We have limited information from the time of sale to be able to determine in whose name the loan accounts (8 loan numbers) were in. We do know however that they could only have been taken in the sole name of one party. As the evidence is inconclusive we have taken the decision to proceed on the basis that these loans were in your name!' Unquote!
This is ridiculous and unfair to my ex. She earned a lot more than me so some of the other loans were definitely joint loans, I even have a letter from Exprerian claiming my financial association to my ex by ********* Bank Home Loans (not joint bank account or mortgage but loans) however the bank refuses to say whether there are any joint loans (which we know there are)! Also the Bank have stated that they could find no evidence of PPI on our (joint) mortgage (which is rubbish as there definitely was PPI on them) however there is an element carried forward from a previous mortgage which is being included (we always had a joint mortgage, of course) so surely my ex was entitled to some of this and proves it was joint! How can we get the Bank to admit that probably half of this belongs to my ex.
The problems continue though as we had a bad year last year and my partner and I only earned £3800 each last year (Brexit hit us hard) so we had claims for Tax Credits upheld however HMRC are claiming the £16000+ interest portion is classed as an income so I have to pay Income Tax on that even though the money was sent straight from the Bank to the Official Receiver, I never even got receipts as proof! They also won't pay any tax credits and want me to repay £1600 of tax credits which is nearly half of what I earned all year. I could understand it if I'd actually recived the money but I didn't and I won't!
But wait, it gets worse!! Even though the Bank told me they were paying the Official Receiver in May last year, they didn't actually return the acceptance letter till June this year so it was paid in a different tax year. Maybe somebody else has had some of these problems (doubtful) but if anybodycould give us some advice, particularly regarding the Bank's stance that everything is in my name when it's definitely not that would be great! Cheers!
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Comments
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Could you add a few parargraphs into that? It's too difficult to read as a wall of text.0
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Nearly all unsecured loans are individual. Secured loans can be joint.
Even where a loan is joint, the PPI is often only on the main earner.
Unless there is evidence to the contrary, the bank information will be accepted as correct.
If the loans were written off as part of the bankruptcy, then she wouldnt have been on them.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Bankrupts cannot make PPI complaints since any and all redress belongs to the Official Receiver for re-distribution to your former creditors.I was made bankrupt just over 10 years ago.
That is completely irrelevant, since PPI redress is a pre-bankruptcy asset.Since then I have an exemplary credit record
The Bank won't have realised you were a Bankrupt prior to you sending the PPI complaintI had no idea at the time that bankrupts weren't supposed to claim and they never offered this advice
Unless you have documentary evidence to prove this, then you are wasting your time pursuing the matter in any way.regarding the Bank's stance that everything is in my name when it's definitely not
Bankruptcy is meant to draw a line in the sand and allow you to move forward with your life.
You appear to have done this already, so forget all about your former finances.
You need to inform HMRC that you never received a penny of this "income". The OR should be able to assist you here, but it's yet another reason why you should never have filled in the complaint form in the first place.HMRC are claiming the £16000+ interest portion is classed as an income so I have to pay Income Tax on that even though the money was sent straight from the Bank to the Official Receiver0 -
Not much advice or help there thanks. Just criticism which I already answered myself in the post. The bank certainly did know that I was made bankrupt as the loan I was bankrupt over was with them. It's alright just saying ignore it but it's not right when I have proof that some of the loans were joint loans and they've admitted they carried forward compensation from a previous (joint mortgage)! You saying it can't be proven, I'm hoping someone can prove you and them wrong.0
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The bank certainly did know that I was made bankrupt as the loan I was bankrupt over was with them.
The bank will have tens or hundreds of thousands of employees. Your affairs, especially historical issues, will not be common knowledge to all of them and some of the info will not be available to all of them.
For example, the complaints line of the bank will not have bankruptcy info available to them. Nor would the checker normally. When the decision on the complaint has been made, it is passed over to another team to check for defaults, arrears, amounts written off and bankruptcy.I have proof that some of the loans were joint loans and they've admitted they carried forward compensation from a previous (joint mortgage)!
In which case, why haven't you given copies it to them?
And, as I said earlier, if any of those debts formed part of the bankruptcy or had defaults/amounts written off, then you dont see the redress.I'm hoping someone can prove you and them wrong.
You say you have the proof. Why are you not using it and asking strangers on the internet if they can prove it?I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
As I said earlier, they won't have realised this when they sent you a generic "invitation" to complain. At that point you should have consulted with the OR.The bank certainly did know that I was made bankrupt as the loan I was bankrupt over was with them.
Nowhere in my post does it say your assertions cannot be proven. What I actually said was;it's not right when I have proof that some of the loans were joint loans You saying it can't be proven, I'm hoping someone can prove you and them wrong.Moneyineptitude wrote: »Unless you have documentary evidence to prove this, then you are wasting your time pursuing the matter in any way.
If you are now saying you have this proof when earlier you just said:
then you might want to approach the Financial Ombudsman Service (FOS) who will look at the available evidence and adjudicate.I don't think all these loans were just mine!
You may also wish to post on the Bankruptcy Board of this forum rather than here.0 -
Bankrupts cannot complain about any PPI prior to bankruptcy. The OR has that right.
If the loans were joint, whoever else was named on the loan and if the PPI was joint [not solely in one name], then they are entitled to half the redress.
If you did not receive te redress [as you were not entitled to it] then contact the OR to vouch for this to the HMRC.
It's not complicated at all.Non me fac calcitrare tuum culi0 -
If you want to make sure the bank arent telling porkies regarding what evdiece they have regarding the loans, send them a SAR and £10. Your wife can send one too.Non me fac calcitrare tuum culi0
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If you want to make sure the bank arent telling porkies regarding what evdiece they have regarding the loans, send them a SAR and £10. Your wife can send one too.
GDPR means the SAR is free nowSam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Oops. forgot about that.....Non me fac calcitrare tuum culi0
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