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PPI Reclaiming discussion Part II

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    if I were in your shoes I may be tempted but probably wouldn't do it - they've probably got highly paid lawyers who could threaten all sorts of things and make your life a real misery - at the end of the day you're not likely to get any money out of them in the way of financial redress (the law doens't support that as the company is dissolved and there's nothing left) you're just doing it go 'get even' and maybe get them shut down - do you really want to stress yourself and have their solicitors writing you nasty letters - that's just a personal opinion mind !!
    So what you are saying here is that Di will never get her money from them:eek: . She was under the impression that they could be made to look into this complaint of the dissolved company. What could they threaten??? Realistically, what can they do??

    She was missold her PPi and want the money back. She was told of this company going under and then naturally wanted to check things out. Do you honestly think that for a few thousand quid (peanuts to them) they would actually do anything. I think if they are like that anyway then the papers should know about it.

    Tiggrae, this was voluntary liquidation not compulsory....
  • di3004
    di3004 Posts: 42,579 Forumite
    tiggrae wrote: »
    if I were in your shoes I may be tempted but probably wouldn't do it - they've probably got highly paid lawyers who could threaten all sorts of things and make your life a real misery - at the end of the day you're not likely to get any money out of them in the way of financial redress (the law doens't support that as the company is dissolved and there's nothing left) you're just doing it go 'get even' and maybe get them shut down - do you really want to stress yourself and have their solicitors writing you nasty letters - that's just a personal opinion mind !!


    Thanks Tiggrae and yes when you put it like that I do see your point, so best leave that one out then.;)
    If we can get even then that's good enough for me, okay it would have been good to get redress from them but I really do not see that happening, the main thing is here is to stop them ripping everyone else off and customers for the future.;)
    Cheers hun.:D
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Di, going to bed now and I did ask tiggrae about this and what needed to be added for the FSA one as what she added to be added was already added (if you understand me). You need to incorporate about the other things and I know she has been back on but has not replied. Maybe she will later. I posted what you were advised to write and add to your letter.


    Thanks hun, yep Tiggrae had now posted as you have already seen lol.;)
    I will crack on with that letter then tomorrow, cheers hun and sleep well, catch you tomorrow then.
    Nighty night.;) xxx
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    I think if these are caught out from what someone had mentioned the other day and can be proved, they can be made to pay back the money but its not easy, and not much else really I can really do......:confused: :rolleyes: .
    The one and only "Dizzy Di" :D
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    So what you are saying here is that Di will never get her money from them:eek: . She was under the impression that they could be made to look into this complaint of the dissolved company. What could they threaten??? Realistically, what can they do??

    She was missold her PPi and want the money back. She was told of this company going under and then naturally wanted to check things out. Do you honestly think that for a few thousand quid (peanuts to them) they would actually do anything. I think if they are like that anyway then the papers should know about it.
    libel is the main thing they could threaten - I'm probably being overly cautious, but I think the last thing Di needs is any solicitors letter threatening court action - even if they don't follow it through

    the liquidators have already stated there is no money and they've closed the books - you can't start proceedings as the ppi was 'sold' by a company which has been dissolved so the court case would be struck out immediately, you could try making a personal claim through the courts against individual directors but this again may be struck out - a better legal head then mine would know if this is feasible - I did suggest Di invest in a hour's worth of time with an insolvency solicitor just to see what (if any) her options were

    I'm not say that I believe it's right but there are very few options open but there are potential risks that I again, personally wouldn't want to face (I was a risk manager in a previous life so I may be being overly pessimistic) but again an insolvency solicitor would be better able to advise on potential options
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    I think if these are caught out from what someone had mentioned the other day and can be proved, they can be made to pay back the money but its not easy, and not much else really I can really do......:confused: :rolleyes: .
    I thought that too. There are different laws and rules they had to follow for the different types of liquidation they went into. (they went into voluntary liquidation!!)Don't give up hope yet... Its not against them for the sake of it and vextrous in any way. I would feel the same. They owe you money and they did missell. What you are doing is nothing worse that any of us on here are doing.

    Trying to get your money back...
  • di3004
    di3004 Posts: 42,579 Forumite
    I did add a link on here earlier from moneymadeclear, but this was about phoenix companies that were phoenix companies I believe, (FSA site) who states to be persistent to these directors and not give in, think its a few pages back.
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    libel is the main thing they could threaten - I'm probably being overly cautious, but I think the last thing Di needs is any solicitors letter threatening court action - even if they don't follow it through

    the liquidators have already stated there is no money and they've closed the books - you can't start proceedings as the ppi was 'sold' by a company which has been dissolved so the court case would be struck out immediately, you could try making a personal claim through the courts against individual directors but this again may be struck out - a better legal head then mine would know better if this is feasible - I did suggest Di invest in a hour's worth of time with an insolvency solicitor just to see what (if any) her options were
    Thats only in the case of compulsory liquidation isn't it. This was voluntary liquidation and could have been CVL type... Been reading up loads and they are very different. Maybe they were a phoenix company. Time will tell.
  • di3004
    di3004 Posts: 42,579 Forumite
    This here

    http://www.moneymadeclear.fsa.gov.uk/news/firm/2005_archive/phoenix_firms.html

    I know they would have to be a phoenix though.

    And they did not rise from the ashes as they were already active as from 2001.
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    libel is the main thing they could threaten - I'm probably being overly cautious, but I think the last thing Di needs is any solicitors letter threatening court action - even if they don't follow it through

    the liquidators have already stated there is no money and they've closed the books - you can't start proceedings as the ppi was 'sold' by a company which has been dissolved so the court case would be struck out immediately, you could try making a personal claim through the courts against individual directors but this again may be struck out - a better legal head then mine would know if this is feasible - I did suggest Di invest in a hour's worth of time with an insolvency solicitor just to see what (if any) her options were

    I'm not say that I believe it's right but there are very few options open but there are potential risks that I again, personally wouldn't want to face (I was a risk manager in a previous life so I may be being overly pessimistic) but again an insolvency solicitor would be better able to advise on potential options
    We had better all shut up about any of these companies then as we will all be liable for libel. We had better not slate any perhaps!!!!

    What has been libel about them then?? We have only asked for help in tracing there trading style for the year that it took for them to go into liquidation (or over a year!!) and also the fact that they opened another company called CLick Financial (although this was already incorporated before it only got a licence 3 months before the other advertised going under!!). ANYONE WOULD think this a little set up here.. and wonder why??
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