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mandeville34
Starting Member
2 Posts |
 Posted - 25 June 2012 : 13:23:25
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| I went bankrupt 2 years ago after my wife left me and refused to pay her half of our 80k joint debt. I couldn't cope on my own. After I went bankrupt, our creditors began to chase her for the owed debt and she has been trying to pay this off ever since, and refuses to go bankrupt. We are now divorced and she has been in touch to say she wants to claim the PPI back but needs my signature and will split the money with me. Now, I am aware that I would probably not be awarded any money because of my bankruptcy. But, can my ex still claim if I am bankrupt? After all, she is still paying our creditors. She says if she gets payment, she will give me half. But, I don't know if I can trust her. She left me with the debt in the first place and showed no remorse. She then agreed to give me half the divorce money if I made all the initial payments and paper work, and then told me to take a leap after the official documents came through. My head is saying walk away but temptation always lingers. Can any one offer advice on what her chances may be if I agree? |
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year 2029
Average Member
590 Posts |
Posted - 25 June 2012 : 14:35:32
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I'm not sure its totally correct that she needs your signature anyway.
I know of someone very recently, who got a cheque out of the blue for half of a PPI claim, even though they'd been divorced for over 10 years!
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 25 June 2012 : 14:42:39
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Hi mandeville34,
You will not be able to reclaim the PPI as it's from before your bankruptcy.
I can't answer whether your wife would be able to, debtinfo may pick up on this post and be able to answer.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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year 2029
Average Member
590 Posts |
Posted - 25 June 2012 : 14:51:40
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Are you subject to an IPA/IPO?
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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mandeville34
Starting Member
2 Posts |
Posted - 25 June 2012 : 16:07:06
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| Thanks for the advice. I already know that I can't personally claim for PPI but, the question is whether my ex-wife can. She told me that she has looked in to it and requires my signature. Or maybe she assumes she does. I'm not subject to an IPA/IPO. |
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year 2029
Average Member
590 Posts |
Posted - 25 June 2012 : 16:18:20
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Would this not be classed as a 'windfall', and as you've been released from bankruptcy, you would be able to keep it?
From what you've already said yourself, (and this is my own personal opinion), I would let her crack on if thats what she wants to do, however, I dont think I'd be signing anything.
Once bitten, twice shy springs to mind!
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 25 June 2012 : 17:27:45
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year2029,
Regardless of if you are discharged from bankruptcy, you can never reclaim the PPI.
Sorry mandeville, not sure about your ex.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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year 2029
Average Member
590 Posts |
Posted - 25 June 2012 : 18:00:46
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VIKI
I never said he could claim it.
The OP has already said he knows he can't claim it.
Please read the posts correctly, as your post may be seen to be undermining.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
Edited by - year 2029 on 25 June 2012 18:02:24 |
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debtinfo
forum expert
2826 Posts |
Posted - 25 June 2012 : 18:17:43
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As has been said you cannot keep the PPI payment, what is sometimes less understood is that it is not just the money that vests in the bankruptcy but also the right to do the claiming, a PPI claim is what is legally called a a right of action because the wronged party has a right to claim, but in your case that right passes to the trustee. You have a continuing duty to inform the trustee about anything that may affect the bankruptcy assets. So really now that you know she is trying to claim then you should inform the OR as the OR and the EX could now be joint claimants and so need to start speaking to each other.
So the simple solution on your part is to inform the OR about the claims being made by the EX and let them get on with it |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 25 June 2012 : 18:35:15
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Jeez year 2029, I think your post was a bit harsh and unnecessary!
I saw the bit in your post that said:
"Would this not be classed as a 'windfall', and as you've been released from bankruptcy, you would be able to keep it?"
and I was merely saying, no, he can't.
I think debtinfo has answered the OP anyway, so end of thread me thinks.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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year 2029
Average Member
590 Posts |
Posted - 25 June 2012 : 18:48:33
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Viki,
Your post directed at me was factually incorrect, hence my reply.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 25 June 2012 : 18:54:45
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OK, I think this has run it's course as Viki says. Debtinfo has answered the original question so probably best to leave it there.
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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mistake09
Starting Member
49 Posts |
Posted - 26 June 2012 : 13:07:26
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| i came back on here to see if anything has changed, and low and behold vicky and tracy are still in the school playground mode lol, to the original question my answer is this, never trust your ex wife again, dont trust her with this and have no more contact with her, she left you to live in debt but i bet she loved spending the cash when it was there, you know im right, tell her where to go, might seem harsh but get it done |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 26 June 2012 : 14:24:08
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Mistake09, your comments are not helpful at all. No one is in 'school playground mode', although I have to say your reply isn't particularly helpful. Please remember the ethos of this forum is respect for all and if you are unsure of anything you can find the forum etiquette here - http://bankruptcyhelp.org.uk/forum/topic.asp?TOPIC_ID=5869
As per my earlier post the original question has now been answered.
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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Topic |
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Bankrupt and ex-wife wants to claim PPI.
