Reclaiming PPI for deceased Mum

felicityanne

My Mum died in 2006 and I have all the data from her various bank accounts and credit cards
She died owing money to many creditors and consequently it was a differcult and lengthy probate and closure of accounts.

Nat west did accept they sold her a loan for £16,000 with PPi when she was 79 years old! I still have the letters of them admitting it. Without going into the deepest explantation Natwest kept all her assets (barely anything!) and we closed the account. I understand that Natwest will not be liable for the PPi they sold her as they took a loss from the loan.

Do you think I should carry on and see if she had PPi on her credit cards...which are many? I can prove that she had a personaltiy disorder and that it caused her great stress as still have all the letters etc from various different sources.

i was the Executrix of the state and my brother in law the executor.

What do people think?

[Deleted User]

It's up to you.

Records will be scarce from that far back, but if you feel you have mis selling complaint, so you could submit the reasons.

The personality disorder will only be relevant if the lenders were aware of it though, so you may need other reasons.

-taff

If she died insolvet, it's best to leave well alone. |Any monies owing would be clawed back by any successful redress by any company she owed money to [the right of set off] It's also potentially a minefield because if any of her creditors find out about any monies repaid, you could be at risk of being taken to court for intermeddling.

Bermonia

Indeed any payouts received to the estate would then need to be dispersed to any outstanding creditors as is the duty of the executor.

Jincha

Can I ask if you used a template form from anywhere to claim? I don't think there's one on MSE? Most templates I've seen are for the living, but I too want to make a claim (as executor). Many thanks in advance.

-taff

Use the same form, or better, ring up first to see what info they want for you to prove you have the authority to do so.

felicityanne

We gave time to all creditors to file but no one did and Nat West behaved appallingly.
Do you think they will start coming after me? I’m am still a little angry at the way she was treated!

-taff

We have no idea how the loan was sold to her or what she said to convince them to give her a loan. Unless she was mentally incapacitated there's not much you can do.
As far personality disorder, unless she actually told them thi or made them aware of it, they are not liable.
Any PPI sold to her after she retired should be complained about but are you sure it was PPI and not life insurance?

felicityanne

It was PPI and have a letter from the bank admitting that their employee had sold it to her incorrectly. It was a complete mess and totally incorrect the way it was handled. She was still alive when this happened. On her death one of the company’s she didn’t owe to was Barclays and barclaycard. I have documentation from those accounts. Do you think others would come after me if I started a claim? How would they know? And if the time limit is up they can’t by law... we didn’t go for inslovency when she died as there was still funds but NatWest wouldn’t give them back to pay other creditors.

-taff

Personally, I would leave it alone.


However, if you do want to complain, there is nothing stopping you, all you have to do is ask them first what proof they want to show you can act for the estate. It's quicker than submitting a complaint and then them asking you.
No, Natwest would not have returned any funds because any amounts owing or in default or arrears is clawed back first.
When you say the time limit is up, do you mean they are statute barred? Because if you do, statute barring only means they can't come after the estate for anything, it does not mean the debt is not still owing and in those cases, again, they would set off any successful complaint against the debt owing.

-taff

Have all debts been paid off now? Was there any remaining money in the estate? Did you put a notice in the gazette for the attention of any creditors?