Hi can anyone tell me if it is possible to claim PPI on my mum and dad's bank loans? My mum died in 1998 and I have come across old paperwork with a First Direct loan with PPI but my mum got paid for being off sick etc. Is it possible to claim this back and also ask Clydesdale and RBOS to look into what other loans they had in the past? TIA

yes it is if you were an exec

but I bet they'll pull the statute barred string now.

As you have been told above, if you are are the executor of the estate then by all means you can claim – and in fact you probably have a duty to do so.

Don't imagine that it will be easy, though – but you may as well have a go because it won't cost you anything if you do it yourself.

You should also bear in mind that if there were any unpaid debts against your mother's estate, that these will have to be satisfied if you manage to get any money.

You should be persistent and don't accept the first rejection that you get.

Thanks for your replies - I was not the executor as my mum didn't have a will. My dad dealt with the estate who has now passed on and also there were no debts left to be paid by either parents. I will give it a try...as you say I have nothing to lose. Thanks again.

Firstly, sorry for the loss of both your parents.

As you mother died in testate (without a will) and your father dealt with the estate he was probably appointed executor of the estate / given a Grant of Probate.

When your father passed away it now becomes important who dealt with his estate as they can act on his and your mothers behalf. If he left a will and appointed you as executor (or joint executor) then you can certainly claim for both of them.

If he also died in testate and no one has yet been appointed executor or given a Grant of Probate then you will have to contact a solicitor (if one was involved then that one) to start that process.

Alternatively, if neither has yet to have an executor appointed (more common than you think) then you will need to make steps to get appointed for both.

NB. If you have other direct relatives who could also be appointed e.g. sibling they may need to be involved + you may be charged to get the grant of probate etc. gentleman I knew cost him about £400 and was unavoidable

As for claiming PPI - don't just draw the line at that one statement/loan!!! Check EVERYTHING

You cannot do a DSAR as this only covers the living, however, so long as you are the executor of either estates you can approach any bank or credit provider and ask for details of their accounts and if PPI was present and they will give you what they have on record.

When you do so, take the evidence you can act on their behalf (death cert, will, grant of probate, letters of administration) with you as proof - if you issue a PPI complaint provide copies of these with the claim and be prepared to provide certified or originals depending on the bank.

I know a man who received close to £50K in PPI refunds when he took the time to get a grant of probate, contact the lenders and issue the claim (his wife was a lifetime NHS employee so no need for PPI cover) - what you get back will depend on what was paid and if it was unsuitable but a great example of perseverance and following simple procedures paying off big time!

Best of luck in your endeavours

Thanks for taking the time and replying and for the very detailed information.

My dad had a will and his two brothers were the executor of his will.

One of his brother's has passed away, but it would be no problem getting my uncle to deal with this as the remaning executor.

I have all documentation required, ie. death, birth certificates, etc so that will not be a problem.

My only question would be, since my dad dealt with the estate (through a solicitor) when my mum died, then surely I can approach companies regarding any PPI that my mum may have had in her own name??

Thanks again for all the information you have taken the time to give me

No problem happy to help. Yes your Uncle will need to act on behalf of your Father as the executor to check for and claim back PPI, get him started right away to check with any bank your father used had for PPI, paid for current accounts and the kitchen sink.

As your father has passed away you may be able to apply for a grant of probate for your mother so you can act on her behalf. Your father was the previous (I assume) executor and the right to act on behalf of your mother does not automatically pass to your uncle.

As a next of kin, regardless of if there was a will, you should be able to apply for this for your mother. You will potentially need a solicitor and it may cost you some money to get the Grant of Probate, take a look at the PPI amount on her loan and if that covers it (along with anything else you might find) then its a worthy gamble as it wont be much use for ought else.

Hi Tracy,

1. YM left no will so do you know if YD was granted Probate or letters of administration for YM's estate.

2. You now think there may have been PPI on a loan but was this a sole or a joint loan.

3. If a sole loan, for which of your parents.

I don't think you personally have legal standing to reclaim PPI for YM. If it was PPI on a sole loan for YM, I think your uncle can claim YM's PPI as Executor of YD's will/estate.

Answer my Q's and we can take it from there.

Hi thanks for your reply. I think my dad must have been given probate when my mum died. I know my dad had to go to a solicitor to enable him to have the house transferred into his name and to deal with the estate, etc. The loan was soley in my mum's name. Thanks again...This is probably going to be more hassle than it's worth!!!

Hi Tracy,

 

1. YM left no will so do you know if YD was granted Probate or letters of administration for YM's estate.

 

2. You now think there may have been PPI on a loan but was this a sole or a joint loan.

 

3. If a sole loan, for which of your parents.

 

I don't think you personally have legal standing to reclaim PPI for YM. If it was PPI on a sole loan for YM, I think your uncle can claim YM's PPI as Executor of YD's will/estate.

 

Answer my Q's and we can take it from there.

 

dx, what does YM, YD, and Q's mean, is that 'text speak' dx. wasn't i 'the only one'...

tracyab, don't worry about my post there, it's just in jest.

I don't know the answer to your question but agree that should start by putting the request in and see what happens. Post up the anonymised response when you get it for more advice. Personally I wouldn't complicate the claim at this stage by going through your uncle. It's not at all clear your father's executors inherit his powers as administrator of your mother's Estate. You (and any siblings you have) are your mother's closest surviving next of kin. I'd use that as the basis for contacting PPI provider, send them evidence of that.

Before getting too bogged down in it do some preliminary work to see potentially how much you might be able to recover.

If this had happened more recently I'd have recommended talking to the solicitor who acted for your father in administering your mother's Estate. However as it was 20 years ago there's little point in that. The person who dealt with it then is very unlikely to be still around, certainly won't remember it, and you'd be lucky if they could find any papers. If you decided the amounts justified a solicitor start again with a solicitor of your own choosing.

Some of the information given about Probate is confusing. You mother died intestate. There was no Will. So no-one could be appointed Executor or granted Probate as an Executor either in 1998 or now. Instead under the intestacy rules someone - usually, as in your case, the surviving spouse - is granted a 'grant of letters of administration' which authorises them to administer the Estate. Although the powers and duties of an Executor (if there is Will) and the personal representative granted the letters of administration (if there is no Will) are essentially the same, as letters of administration were granted to your father back in 1998 you cannot now, yourself, apply to be made the Executor. There was no Will of your mother then and there is no Will now so there cannot be an Executor.

mums estate would have gone to (surviving spouse) dad intestate, so all that was hers went to your dad, subject to the intestate rules.

dad has a will and executor, so the executor can try claim it.

@ Ford,

dx, what does YM, YD, and Q's mean, is that 'text speak' dx. wasn't i 'the only one'...

 

tracyab, don't worry about my post there, it's just in jest.

That was MY post, not DX's and I'm sure Tracy knows what I meant by YM, YD and Q's. Not text speak at all - simply abbreviations.

@ Ford,

 

 

 

That was MY post, not DX's and I'm sure Tracy knows what I meant by YM, YD and Q's. Not text speak at all - simply abbreviations.

I know it was your post, and it was abbreviations accordingly.

My post (in jest) was to dx.

Forget about it.

Sorry Ford,

Lol, I get it now.

DOH !!

Sorry Ford,

 

Lol, I get it now.

 

DOH !!

hey, no worries slick.

as you now know, your post(s) actually supported me.

good luck guys, adieu.

Lol, surprisngly I knew exactly what the abbreviations meant. I have sent letters to all companies concerned and will take it from there. I am still waiting on replies and will post them once recieved. Thanks again for all your helpful replies