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Post bankruptcy PPI upheld

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marc3marc3 Forumite
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Difficult to know whether to post this under bankruptcy or PPI.
giving this thread a go.
weird one :i was bankrupt last decade-all sorted and discharged .We all know any PPI money belongs and goes to  to the official receiver .
i have latterly received a PPI reclaim offer from a credit card company (who formed part of my creditors ) As far as i was aware the credit card company  would simply send the money to the OR. Their  settlement offer is higher than the amount owed to them  (the creditor ).
regardless, i simply thought that all the money went to OR to distribute around a few various creditors .i.e any money recovered from me is 'pooled' to be distributed by the OR to creditors 
to my surprise, card company have written to me and said they intend to apply 'set off' and pay me the small balance direct . (i.e treat it individually ).
I did not think that is the procedure, but a major credit company should know what they are doing .They are fully aware of my previous bankruptcy and the office sweeping up post bankruptcy mtters-and even the name of the trustee responsible, but still want to send me a small balance .

as i say above, they should know what they are doing, and to me they cant just action set off ,but what little do i know .
any comments/thought on whether they are acting appropriately ?
do i just leave them to do what they feel fit to do ,and if i do get a small payment-do i simply send that to the OR ,even though the credit company are almost insisting on paying me ?
any thoughts ? 
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Replies

  • Minkym00Minkym00 Forumite
    457 posts
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    Did you make the PPI claim yourself or did you get this out of the blue?
  • marc3marc3 Forumite
    278 posts
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    'out of the blue '
    I wish now i had made PPI claims on my credit cards .
    i have no idea where this came from >
    (having said that -possibly a 'linked' address where my wife had a small  loan claim upheld against the same bank who had a credit card arm ,and many years ago i had a credit card with them.
    I simply thought the OR dealt with any PPI claims (and probably doe not bother ) and as i simply thought any money just went to OR ,not much point in me making PPI claims.

    obviously deadline has now gone, but i wish i had made PPI claims now, as i did have PPI on quite a few cards over quite a long period, so it may just have been that there was a 'surplus' to find its way back to me .

    (if anyone knows of away to make PPI claims 10 months post deadline-please let me know !! )
  • luvchocolateluvchocolate Forumite
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    If you were B.R you loose the right to claim any ppi...this vests with your OR 
  • marc3marc3 Forumite
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    If you were B.R you loose the right to claim any ppi...this vests with your OR 
    Is that strictly correct ?
    did i really loose any 'right' ?
    its historic anyway-but my understanding (retrospectively ) is that i could have made claims-but the proceeds of any claims simply go to the OR ?
    i am interested in which of those scenarios is correct 
  • luvchocolateluvchocolate Forumite
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    When you go BR you actually sign to say you are not able to claim PPI....this vests with the OR. 
    At least I did 
  • luvchocolateluvchocolate Forumite
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    Also if you use a company to claim for you...although the payment goes direct to your OR the commission is your responsibility 
  • MinuteNoodlesMinuteNoodles Forumite
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    Any payout you get from the PPI from a lender which was included in the bankruptcy must go to the OR whether they pay it to them directly or to you. It's not your money, it's the ORs.
  • Minkym00Minkym00 Forumite
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    Any payout you get from the PPI from a lender which was included in the bankruptcy must go to the OR whether they pay it to them directly or to you. It's not your money, it's the ORs.
    This is why I asked if you had put the claim in yourself. In all likelihood the Insolvency Service has put the claim on your behalf as there is a whole team doing this. If this is the case they will be aware of the payout, so don’t spend it and pay it over to the OR. 
  • marc3marc3 Forumite
    278 posts
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    thanks for the notification Minky, but please be rest assured that i am fully aware that any money belongs to /goes to the OR.
    You do make an interesting point (at least i found it interesting ) about the inner workings of the OR when i comes to PPI claims .
    I have been trying to find out/establish whether IN PRACTICE they do make 'claims on my behalf '
    I hope they do/did as they would be able to recover a fair amount of money to pay off creditors and ease my conscience .
    I do wonder whether that is the theory though , and that in practice they don't bother ,which in my case would be a pity as i had a number of credit cards-all with PPI -arguably mis sold and going back a long long time -so any successful claim made by the OR would have recovered a fair amount  .
    Obviously i am out of the loop, but as i say-i do wonder whether they do bother in practice .
    do you (or anybody ) know whether they do actually bother ?
  • luvchocolateluvchocolate Forumite
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    Yes they do 
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