Claiming PPI with a bit of a twist (bankruptcy)

[djrichie_t]

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.

[dx100uk]

who made him BK?

 

dx

[djrichie_t]

He decided to do it himself, voluntary bankruptcy

[dx100uk]

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

[alibobsy]

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

[danboy381]

Does anyone know if PPI can be claimed back after a bankruptcy and discharge etc, for a loan secured on a property. i.e, in this case, the bankruptcy didn't wipe out the loan as it was secured, and continues to be paid to this day...it was also a voluntary bankruptcy for card debts.

thx.

[ims21]

Hi

 

Have a look here

 

http://www.which.co.uk/news/2011/05/thousands-of-consumers-may-not-receive-ppi-cash-253572/

 

ims

[egg-sterminator]

Hi there in order to off set would the OC not need to still own original debt ? Ie if debt owned DCA they would be paying a third party ?

[ims21]

This appears to be a bankruptcy so the trustee would be involved.

 

The OP mentions discharge but the debt still being paid....OP needs to clarify the actual situation as to what was in the bankruptcy

 

ims

[egg-sterminator]

Ah yes is it in IA86 right to offset ? this thread may be worth taking a look at (Dorsetstrider , claiming back ppi after bankruptcy)

[djrichie_t]

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.

[ims21]

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

[djrichie_t]

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?

[ims21]

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

[djrichie_t]

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.