PPI /bankruptcy and official receiver

marc3

apologies where i am certain this will have previously been commented on as nauseum, but i am useless with the search engine (or is the search engine useless  ?)
(and sorry for double spacing -no idea how thats occured )
 unfortunately ,voluntarily bankrupt me 11 years ago 
i know the rules that any subsequent PPI refund goes to Official Receiver -fair enough .
seems i have been linked to another claim and thus got notification from a bank  of a PPI refund relating to a couple of executive  loans  that would go to OR.
again-fair enough 
You can't just help wondering though whether their are any circumstances where previously bankrupt individuals  have received all or part of any PPI refund back from the OR.
Has anyone tried/had a 'successful 'outcome' with the OR ,and in what circumstances?
my refund goes back to ten years before my bankruptcy -but suspect it makes no difference (or does it ?)
Is it minimally worth a discussion with the OR -again-has anyone any experience of similar ?

B/ that aside-what would happen-where would the 'balance' go if for example one was voluntarily bankrupt over a sum of £26000 ,but a PPI reclaim amounted to £29000.
who then gets the benefit of the £3000 ?
thank you 

dunstonh

You can't just help wondering though whether their are any circumstances where previously bankrupt individuals  have received all or part of any PPI refund back from the OR.
Where the PPI redress exceeds the outstanding debt of the bankruptcy, then they have been known to return the excess.

However, anything less than that will be distributed to the creditors.

-taff

Anything before bankruptcy goes to the OR, anything after goes to you. {you said subsequent which is untrue]

marc3

-taff said:

Anything before bankruptcy goes to the OR, anything after goes to you. {you said subsequent which is untrue]

thanks for that .
all a bit historic now, but are you saying that  had i taken out a loan or a credit card post my bankruptcy (unlikely as i was obviously a bit of a 'steer well clear' case to any loan or credit card company for a few years ,and i felt it had been mis sold-had i made a successful claim-and redress would have come to me and not the OR ?

marc3

following on from my question at head of this post ,i have obtained some figures from the OR's office with regards to the shortfall between my creditors claims and assets collected / acquired by the OR from my 'estate  .
the gap/shortfall is 'only' a high four figure sum (makes me feel less guilty ).
it was some time ago (7 years ) now so unlikely to change,albeit my case is still open in understand .
i suspect there is /was valid PPI claims that the OR could have made to turn that shortfall into a surplus ,and hence- i may then have had the any surplus re distributed to me ,
The OR will have been aware that i had high credit card debt/failing -
Would thet have been under any obligation to pursue PPI claims where i did have PPI on these cards,and if recoverable the OR will have been able to settle my creditors in full.
should the OR have explored that ?

Appreciating that the deadline has now passed-as a Government body and i assume with  a duty of care to the creditors to maximise their own redress (as above-they could have been paid in full if ppi claims were successful ) would the OR's office have special dispensation to pursue PPI claims outside of the deadline, via the back door so to speak ?
(and selfishly -i may still have got any balance /surplus !!  ) .

any thoughts on that ?

Dazed_and_C0nfused

Have you made a PPI claim or not?

Is this £29k real or hypothetical?

-taff

marc3 said:

All a bit historic now, but are you saying that  had i taken out a loan or a credit card post my bankruptcy (unlikely as i was obviously a bit of a 'steer well clear' case to any loan or credit card company for a few years ,and i felt it had been mis sold-had i made a successful claim-and redress would have come to me and not the OR ?

Yes, that is what I'm saying.

The OR had the right to complain but were not obliged to as far as I know, and also as far as I know, the complaints deadline has passed. If you want to know, phone them up and ask them.

brettcta

Banks put OR complaints on hold in order to get through the BAU complaint piles first. We’re seeing the OR pile starting to be worked through at the moment.

marc3

thanks Brettcta .
i am not too sure who / what BAU stands for (i assume the common people /us lot .)
what you post makes some sense ,,and perhaps you are saying that the OR may have made some PPI complaints re my 'account' but gone to bottom of the pile.

(i am in communication with the OR to try and esablish if that is the case, but not had response yet-and by way of this forum just tryng to get otherparallel  views on the matter. from those who may know true facts  or experienced similar.
(it does occur to me how can the OR make a complaint on behalf of a third party (me) when the complaint would relate to mis selling -which the OR cannot vouch for as they were not sold any policy -any thoughts on that one ? 

thanks

brettcta

They’re making representations to lenders in order to claim back money owed by bankrupts one order to pay creditors still owed funds. Lenders aren’t writing to or telling the account holders of these representations because they simply don’t need to know at this stage.

BAU means business as usual - it just refers to your standard mis-selling complaints as opposed to anything extraordinary like the OR population of cases

marc3

Thanks .

the point i am getting to is that most of my bankruptcy was because i was stupid with spending on credit cards (had quite a few )  in the decade of spend spend spend which i allowed myself to be dragged into much to my shame -and my business costs escalated 'overnight' where i could no longer service my personal debt  and boy have i learned a lesson.

That given,my credit cards all had PPI attached (and having seen the rebate someone got back from a credit card company where they were paying a similar amount per month on ppi and had the card a similar length of time ), i am fairly sure that if the OR is making PPI claims with regards to my 'account'- and that would be over quite a few cards ( hangs head in shame again) they will recover reasonably more that the amount  on my bankruptcy account that is owed to creditors.
Thus creating a surplus which would come back to me i believe .
(does the OR add  its own admin/management fee to bump up the amount due to creditors ?)

Hence there is probably  something in this for me ,provided that the OR is making such representations ,which i am struggling to find out, ;and thus  wondered if they did so as a matter of course ,as i guess they have a duty of care to recover everything they can ,but does that mean / include that  they will  automatically make PPI claims/representations ?