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Refund from Lloyd’s ref loan but keeping the amount


matt5983
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a letter landed at my mums over the weekend

 

It states it’s a notice of sums in arrears when it was transferred and that they got it wrong.

 

I’m owed over £800.

 

However it also states I owed them £4330 so they’ve taken that off the balance will receive nothing

 

This was from 2010

 

However, the £4330 was included into my bankruptcy when I went bankrupt in 2011

therefore I was legally discharged from owing them anything

 

Where do I stand on this ?

 

This covers the period 12/04/210 to 16/01/2018 is also stated

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The OR would keep any rebates etc.

 

Lets treat this as if it was a PPI rebate...

 

 

If you took out a PPI policy before you went bankrupt, you're highly unlikely to be able to make a claim or to keep any money that comes out of a claim.

 

This is because if a PPI policy was mis-sold before you were made bankrupt, any claim or potential claim connected to it is counted as an asset. This means it's owned by the official receiver or the trustee, not by you, and is part of the bankruptcy estate.

 

If you've been discharged from bankruptcy, this doesn't change the situation. The official receiver or trustee still owns the right to claim and any money that results from a claim, unless they've agreed to transfer the right back to you.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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The OR would keep any rebates etc.

I would go read the PPI / Bankruptcy info available all over the interwebs....

 

If that’s the case then I will ring the OR as Lloyd’s has kept the money for themselves when it should have gone to the OR but I’m also discharged as of last year so be interesting to see what happens

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Will be interesting to see

 

If I am wrong then someone please correct me :) - Would be interesting to see if you did get anything...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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letter states NOSIA was dated 29/03/10 and should have received it 11/04/2010 but never received anything. That’s what the refund is for which is like PPI I’d imagine

 

I can’t see how they can take it off a balance which was the technically made void and therefor no longer exists

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ITs not a PPI Payment but i would imagine same rules apply.

I would think its a compo payment but its not even that...

Its a refund on interest i guess at best? Event hen i doubt its still reclaimable.

 

Part of the Bankruptcy states that any payments etc of this nature would go to the OR but a refund on interest would go against the "Written Off Balance"

Essentially, as Lloyds has written off the amoutn due to Bankruptcy they would be entitled to keep the money I would guess... But i dont know if the OR need to be made aware and then if behind the scenes they would deal with it themselves.

 

Basically... You wont see that money i suspect.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Wouldn’t surprise me lol, don’t get that lucky often.

 

I’ll shall make enquires tomorrow about it but I would have seen it as an asset so would have been distributed equally amoungst creditors

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they failed to send Notice of sum in arrears letter for XX period

 

that was/is against FSA [now FCA rules]

 

so they charged interest for that period

that's the rebate.

 

its not the same as PPI no in terms of existing BK etc etc.

and it matters not you've been discharged.

 

the fact that BK 'wrote the debt off' is not correct in terms of the originating bank.

just like Statute barring

in E&W it only prevents the OC from enforcing any judgement so they don't bother...

but the debt still exists.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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