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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Claiming PPI with a bit of a twist (bankruptcy)


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Hi everyone,

 

Bit of a different one this, but looking to see what should be done.

 

My father declared himself bankrupt a few years ago, and having no assets or anything was discharged with nothing to pay.

 

However before his bankruptcy, he had credit cards, store cards, loans etc all with PPI on them. He felt he was mis-sold the PPI.

 

Now heres the twist...

 

He feels that because he was mis-sold the PPI he was then unable to keep up the repayments, which eventually lead to his bankruptcy. Had he not been paying this PPI then he might not have had to go bankrupt.

 

Went and saw citizens advice today, they were useless.... So im suggesting should he go see a solicitor or is there a helpline he could call who could make the arrangements.

 

He is on very low income and now retired so wouldnt be able to afford solicitors fees etc.

 

Any info would be much appreciated, Many thanks,

 

Rich.

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who made him BK?

 

dx

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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i would guess then he does not stand a chance sadly.

 

it was p'haps not a wise move nor a necessary one in the first place

 

hindsight is a wonderful thing!

 

dx

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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I think he would need to see a specialist TBH. But I can't see he would have a case unless he could prove that reconstructed accounts without the PPI would all have been at or close to zero when he went bankcrupt.

 

NB As I understand it you can do the reclaims whilst bankcrupt, but any payouts would go to the insolvancy service-I assume if all the full debts were cleared the difference would come back to the person themselves?

 

Ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Everything was included in the bankruptcy, and got wiped off because there was no assets (father lives in council property) so basically the total defaults etc on all the cards were all put in the bankruptcy and written off. Therefore nothing was owed afterwards. My point is, the PPI was quite high on some of these loans/cards (even through lloyds TSB) so if he wasnt mis-sold the PPI his finances may have been far more manageable.

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Hi

 

I see got it....Sorry I got confused with another poster on this thread in post #6.

 

So we have a bankruptcy which is all finished, debts wiped and discharged.

 

The PPI can be claimed back and I believe it will now be a windfall as there are no debts to set it against. I did some reading on this subject on the web not so long ago.

 

Personally I don't think the bankruptcy could be overturned though

 

ims

 

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Thanks ims that sounds great - what would be the best course of action - do it ourselves the normal way as with any normal PPI claim or would it be best to go through a specialist?

 

 

No no no.....do not use a claims company....do it yourself for free. In any event, they will do nothing that you cannot do for yourself.

 

If you haven't got all of the statements for the cards or the agreements and statements for the loans, the first step would be to SAR each of the lenders to get as much information as you can. Template for SAR is in the CAG library, the link to which is at the top of every CAG page in green.

 

For the SAR for any loan account, make sure you put in a line that the SAR is to include copies of all and any loan agreements ever held with that business.

 

ims

 

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Thanks IMS - That clears it up nicely - I only mentioned specialist being that it was involved with bankruptcy, thought it needed a certain type of solicitor. I definately agree re. claims companies, would never use them!

 

I will pass the info onto my father and see what he wants to do, he might want to go for it and claim back, on the other hand he might want to put his feet up relax and forget it.

 

If you do have any links to the info you were reading about on the subject then it would be handy to see.

 

Cheers

 

Rich.

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