Re: Bankruptcy

[Lisa08]

Hi I have just joined the group. I went bankrupt in 2010 and was discharged in 2011. I made a PPI claim and received funds from a company that were included in my bankruptcy through a claims management company in 2012. I had no idea I was supposed to let my official receiver know and it only came to light when I had a letter from the company that paid me in 2012 this month to say they had miscalculated and have sent a letter to the official receiver paying them the shortfall. I have contacted the official receiver to let them know but am worried what they will expect me to pay now as I never had to complete a PPI questionnaire during my bankruptcy. Can you advise me? The sum in 2012 received was approx 2500 to me and 870 to the claims management company . Can they take my car?

[AndyOrch]

Hi Lisa08 and Welcome to CAG

 

I have created your own thread...rather than hijack another...

 

Regards

 

Andy

[Lisa08]

Can anyone advise me on my thread?

[Ruleoflaw]

Hello Lisa

 

Car

 

If you lied, you could get in serious trouble.

 

You have a duty to cooperate with the bankruptcy service, whether official receiver/ other legal practitioner, ie tell them all your assets: s.291, Insolvency Act 1986 (as amended). You must have been honest with those said persons on your 'public examination' of your estate/ interests/ assets. Said persons can take anything during the bankruptcy period up to your discharge from bankruptcy but not normally after (ie if you were honest).

 

Did you know or might have expected to know that you had a claim (right of action) for PPI during the bankruptcy period up to the bankruptcy discharge? Did you volunteer the information that you had Personal Protection Insurance (PPI) during the 'public examination' even if they did not ask you directly? Assuming you were honest or did not lie, they cannot normally take your car.

 

The reason for this is your estate (possessions/ assets/ property interests) were returned to you on the date of your discharge in 2011. If you were dishonest during the examination, said persons could claim damages (compensation) against you for any losses as well as find yourself in possibly serious trouble.

 

I cannot see a way they could take your car as you would only be liable for actual losses during the period of the bankruptcy up to the formal discharge. As your car is a post bankruptcy acquirement (am assuming it is?), it is not estate for Insolvency law/ rules. Any creditor, for that matter, could not take your car either without court action except subject to any pre bankruptcy agreements you made with prior to the bankruptcy. *This is only my opinion and cannot constitute formal legal advice.*

 

PPI

 

I would be interested to know about your PPI actualities. Can you please give me a brief summary. Did you get paid out in PPI claim by the CMC during the bankruptcy period but before the formal discharge of the bankruptcy? I not quite understand from the facts you have provided.

Edited November 26, 2015 by Andyorch
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