PPI complaint on behalf of late father

nolaface

Hi all,

I am just looking for a bit of advice.

My father passed away almost 9 years ago. A few years prior to this he was declared bankrupt (no assets etc) and the bankruptcy was discharged before he passed away.

I recently received a letter addressed to my dad from Barclays, the letter said if he would like to raise a complaint regarding the PPI he had on some accounts, to contact them.

I know his Barclays account was closed down when he was made bankrupt.

Anyway I was just wondering if me and my brother are able to claim this on his behalf or not? And whether any monies would go to the official receiver or us?

My dad passed away intestate. No probate or letter of administration due to him having nothing of any value.

Hoping someone could provide some insight?

Many thanks

Nicola

dunstonh

Anyway I was just wondering if me and my brother are able to claim this on his behalf or not?

The executor of the estate holds the legal right to raise a complaint on behalf of his estate. However, that would only be for any PPI premiums paid after he was bankrupt.

If the PPI was paid beforehand then the OR can raise the complaint and if successful then the money would go to the bankruptcy estate for distribution to unpaid creditors. You would not get it.

mrsellabella

I’ve received some PPI refund from barclaycard on behalf of my late mother. I didn’t make a claim it just showed up via our solicitor. Definitely worth pursuing.

-taff

Was your mother made bankrupt? If not, your complaint is completely different from the OP.
OP, I would phone Barclays first and speak to them, point out he was made banrupt. Depending on what they say, then get in touch with your fathers OR. The chances are they will keep any successful redress and forward it to the OR.
Have a quick read here
https://forums.moneysavingexpert.com/discussion/3766585/ppi-claims-after-bankruptcy

dunstonh

mrsellabella wrote: »

I’ve received some PPI refund from barclaycard on behalf of my late mother. I didn’t make a claim it just showed up via our solicitor. Definitely worth pursuing.

You better speak to the official receiver then. Keeping the PPI refund is unlawful and the lenders do check the bankruptcy register, sometimes up front. Sometimes in arrears. They then notify the official receiver. Only if your mother's bankruptcy estate was settled in full (i.e. all creditors repaid in full) will the estate receive payment.

I suspect your mother was not bankrupt and you missed that very important bit of information.

[Deleted User]

dunstonh wrote: »

You better speak to the official receiver then.

The poster you replied to is not the OP and has obviously missed the fact that the Original Poster's parent was a Bankrupt. Clearly he recommended that it was worth pursuing based only on his own limited experience which did not add bankruptcy into the equation.

dunstonh wrote: »

I suspect your mother was not bankrupt and you missed that very important bit of information.

As above, that would be my suspicion too.