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John.68
Starting Member
1 Posts |
 Posted - 05 May 2012 : 14:49:56
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| I was discharged from bankruptcy in June 2011. I recently applied for a refund of PPI charges and received an offer ,followed by a text saying the money would be paid in 7 days. However when I rang to check I was told I still had outstanding debts on my credit card ,I thought these were discharged when the bankruptcy occurred Please can you clarify the situation ? |
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pcoventry
Junior Member
United Kingdom
235 Posts |
Posted - 05 May 2012 : 15:53:33
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If it was included on your Statement of Affairs then yes it's history. The Or would have been in touch with them? If it was me i'd send them my SOA which has them on it and then I would send a copy of the BR cert to remind them
If it was not on your statement I believe your still liable.. Even if they took it out of your offer it would still be a bonus!
but not sure how it all works |
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debtinfo
forum expert
2826 Posts |
Posted - 05 May 2012 : 16:09:49
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Any PPI claim, where the original PPI was taken out before the bankruptcy is not your asset to claim, it belongs to the bankruptcy estate and will remain so indefinitly until the trustee deals with it, you have no right to claim it and you have no right to keep the money from any claim, if you try to you could get yourself in serious trouble.
Here is a copy of the notice from the Insolvency Services own website, as it says you should contact your Official Receiver immediately
Payment protection insurance (PPI) mis-selling claims and bankruptcy
PPI mis-selling guidelines
Following the recent publication by the Financial Services Authority of proposed guidelines for firms that sold PPI policies and their contact with customers who may have been mis-sold a policy, but have yet to complain, the following information may be useful to persons who became bankrupt after the sale of a PPI policy.
A PPI mis-selling claim: a bankruptcy asset
Following provisions of the Insolvency Act 1986, The Insolvency Service takes the view that if a PPI policy was mis-sold before the date of an individual’s bankruptcy, any claim relating to the alleged mis-selling of the policy is owned by the official receiver or trustee of the bankruptcy estate, not the individual to whom the policy was sold.
Discharge from bankruptcy does not alter the position
Discharge from bankruptcy does not alter this position. Discharge does not operate to transfer unrealised assets, including PPI mis-selling claims, back to the individual.
Considering a PPI mis-selling claim: refer to the official receiver or trustee
If a (former) bankrupt considers that a PPI policy was mis-sold, they should not attempt to pursue a mis-selling claim without reference to the official receiver or trustee.
If a claim has already been made, the official receiver or trustee should be informed of the claim and the person against whom the claim is being made should be informed of the bankruptcy
Use of claims management companies
The Insolvency Service is aware that some (former) bankrupts have used claims management companies to pursue PPI mis-selling claims for them. If these services are used after the date of the bankruptcy order, it is possible that the individual will remain responsible for all or part of the commission charged if an award is paid to the official receiver or trustee. This may be because the amount of the commission is challenged by the trustee or if the firm against which the award is made is a creditor in the bankruptcy and exercises a right to set-off the award against its claim in the bankruptcy. This could result in no payment being made from which the commission could be paid.
As such, care should be taken before acting in this way.
Best course of action: contact the official receiver or trustee
The best course of action for any individual contemplating making a PPI mis-selling claim who is or has been affected by bankruptcy is to contact the official receiver or trustee dealing with their case before proceeding further.
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pcoventry
Junior Member
United Kingdom
235 Posts |
Posted - 05 May 2012 : 16:15:35
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| Even if someone was discharged over a year ago? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 05 May 2012 : 16:38:31
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Debtinfo knows what he is talking about - the asset was available before the BR so should be paid across.
Do contact the official receiver though, especially if you are in receipt of an IPA.
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
Jan
xxx |
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debtinfo
forum expert
2826 Posts |
Posted - 05 May 2012 : 16:53:14
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quote:
Originally posted by pcoventry
Even if someone was discharged over a year ago?
Yes as you can see from the Quote i posted from the Insolvency service
Discharge from bankruptcy does not alter the position
Discharge from bankruptcy does not alter this position. Discharge does not operate to transfer unrealised assets, including PPI mis-selling claims, back to the individual.
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mcjohn
Starting Member
United Kingdom
6 Posts |
Posted - 07 May 2012 : 11:12:27
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| Spam posting deleted. |
Edited by - Niobe on 07 May 2012 11:45:39 |
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debtinfo
forum expert
2826 Posts |
Posted - 07 May 2012 : 11:28:49
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| Hi MCJOHN, we do not allow advertising without permission on this site so please remove your links. Also Are you from the USA as i am sure that all the members on this site would be verydubious about going to a site being advertised by someone who does not realise that we dont have a federal system here in the UK |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 07 May 2012 : 11:48:50
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I've deleted the post totally debtinfo as it was spam and he'd done a load more apart from this which have now all gone.
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 07 May 2012 : 11:53:52
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I've also just looked at the website and it is very poorly written in bad english.
Not to be touched with a ten foot bargepole methinks!!
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
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pcoventry
Junior Member
United Kingdom
235 Posts |
Posted - 07 May 2012 : 18:26:06
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quote:
Originally posted by debtinfo
quote:
Originally posted by pcoventry
Even if someone was discharged over a year ago?
Yes as you can see from the Quote i posted from the Insolvency service
Did someone drop a bottle of sarkyness into their "professional advice"?
if your going to be like that feel free to delete my account. I will go elsewhere! |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 07 May 2012 : 18:30:16
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I don't think Debtinfo was being sarcastic, just pointing out that the information was in his original post.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 and I'm now looking forward to getting married in September 2012 - I'm proof that you can go BR and come out the other side. |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 07 May 2012 : 18:41:26
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I agree Tracey - debtinfo was merely pointing out his original post which answered the question.
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
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Topic |
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I recently applied for a refund of PPI
