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PPI claim went to Insolvency Practitioner
ChrisM1969
Posts: 3 Newbie
Hi, I've received a letter from Lloyds upholding a PPI complaint however, they've stated that "my financial affairs are being managed by an insolvency practitioner or IVA supervisor. Therefore, as the offered redress payment will normally be an asset of your arrangement; I have made it directly to them". I'm not IN any arrangement any more? I made myself bankrupt in 2009 and was discharged from bankruptcy in 2010. I thought debts were dissolved if you've been declared bankrupt? If not, surely all ex-bankrupts would be chased for their money forever more? Bit of a connundrum, please help
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Not really a conundrum.A bankruptcy draws a line in the sand between you and your debts. By complaining about your PPI you are attempting to re draw the line in your favour.
A bankrupt does not have the right to complain about any pre baknruptcy asset, that belongs to the OR. PPI is a pre bankruptcy asset.Non me fac calcitrare tuum culi0 -
As taff has helpfully explained, while an IVA / bankruptcy kills your debts, you cannot profit from pre-bankruptcy assets, they agree not to chase you but that doesn't mean you don't owe the money. The bank can offset any refund against old unpaid debts
Sam 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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Thanks guys...hadn't thought of it like that....just got a bit panicky when I saw 'me' and the insolvency practioner in the same sentence, it was an awful time and lead to severe anxiety issues0
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No conundrum.ChrisM1969 wrote: »I thought debts were dissolved if you've been declared bankrupt? If not, surely all ex-bankrupts would be chased for their money forever more?
The debts are not "dissolved",they still exist but your creditors simply no longer have any ability to chase you for payment. In the exact same way, though, bankrupts cannot chase the assets which by rights belong to your former creditors. PPI redress is very much counted as such a pre-bankruptcy asset. This is the situation forevermore, so it doesn't matter how long ago your bankruptcy was discharged. You do not even retain the right to complain about this PPI, that lies with the Official Receiver.
Sorry.0 -
Wasn't thinking of complaining, just couldn't figure out why....seems so simple now
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What money meant by complaining is as follows.
A lot of people are under the impression they are making a claim for the refund of PPI.
It doesn't work like that. Basically, they are making a complaint about the missale of PPI, not a claim. Hence the OR has the right to complain about the PPI, not you.
Hope that's clearer
Non me fac calcitrare tuum culi0 -
Whether you know so or not, you already effectively made a complaint when you "claimed" PPI.ChrisM1969 wrote: »Wasn't thinking of complaining
As already explained, you had no right, as a bankrupt, to do this.
Sorry again.
Odd that you knew already you'd made a complaint in post #1?ChrisM1969 wrote: »Hi, I've received a letter from Lloyds upholding a PPI complaint0 -
I think the OP understood your post as complaining about not having recived the PI prsonally, hence my explanation.Non me fac calcitrare tuum culi0
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