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PPI and bankruptcy

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  • Nasqueron
    Nasqueron Posts: 10,688 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    CanadaAB wrote: »
    Hi, I'm sorry to repeat the same question, however I'm looking for a little clarification as I think Capital One are screwing me around and I'm confused.
    My husband was declared Bankrupt in April 2004. He was discharged from bankruptcy in November 2004.
    Fast forward to 2007 when we moved in together and got a joint Capital One credit card, which had PPI on it.
    In 2010 we paid off the CC before we moved to Canada.
    I am now going through the exercise of reclaiming our PPI from this CC and mortgage in the UK. However Capital One are claiming that we are not entitled to the PPI from the CC as there is an insolvency trustee.
    However they confirm that the CC and PPI were mis-sold in 2007, which is after the discharge.
    Am I right to believe that they should repay to us it as it was not a part of the 2004 insolvency nor were they on the list of debtors when he filed for bankruptcy?


    Just FYI, you are complaining about miss-selling, not reclaiming. You will almost certainly get rejected for the mortgage complaint as it's a useful product to have that can save your home and only a case of serious miss-selling (such as a policy that could never pay out) would get a refund. Most people vastly underestimate how much they could afford to live on if one person lost their job and thus how they could keep their home. Even NHS workers with 6 months full, 6 months half pay get rejected because the debt has such an impact if it goes unpaid i.e. you'd lose your home.


    As above, you have a credit card and additional cardholders, not joint card.

    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.

  • Nasqueron wrote: »
    Just FYI, you are complaining about miss-selling, not reclaiming. You will almost certainly get rejected for the mortgage complaint as it's a useful product to have that can save your home and only a case of serious miss-selling (such as a policy that could never pay out) would get a refund. Most people vastly underestimate how much they could afford to live on if one person lost their job and thus how they could keep their home. Even NHS workers with 6 months full, 6 months half pay get rejected because the debt has such an impact if it goes unpaid i.e. you'd lose your home.


    As above, you have a credit card and additional cardholders, not joint card.

    Thank you for the clarification.
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