Joint PPI claim

[Sapper 62]

Hi Can anyone advise, my ex contacted me regards a claim he was making for PPI that was in joint names, he employed a company and got his half but had to give them a considerable amount. I had to contact the bank and pass certain security once I was through they informed me I would be sent a cheque for my half, I asked if I needed to pay back the same as my ex but she said no not unless I signed anything, I have never signed anything from the claims guys my ex went with. So I am wondering now if I have to pay them a % of my claim if I have never signed or instructed them to claim, would they require 2 signatures if so then mine has been forged as I defiantly did not sign or give any permission to my ex the first I knew was when he asked me to call and get the money then give it to him after I have paid the claims guys there % .
Really need advice here before the claims guys onto me to demand but how can they if I never signed their paper work ? or will they find out from the bank I have claimed my half
sapper

[EXC]

Re: Joint PPI claim

If you didn't sign a contract or a letter of authority with the Claims Guys then there's no basis on which they can charge you.

If you hadn't signed a letter of authority for the Claims Guys to act for you the bank won't have the authority to disclose your PPI refund to them.

In the event they attempt to charge you make a formal complaint and if they still want to charge you, take your complaint to the Legal Ombudsman.

[Sapper 62]

Re: Joint PPI claim

Hi
Thanks for reply
No I still have forms here that the claims guys sent me I didn't bother completing just called the bank and confirmed who I was.
,I cannot understand how the claim for my half was made without my signature in the first place ? but the bank told me yesterday if I didn't sign then I don't have to pay, I am not sure if my ex forged my signature to start the claim. If I give my ex part of it (he is holding me to ransom with the house if I don't give him some he wanted all but said I could keep a small amount ) will the claimguys make a demand on him ?
thanks

[EXC]

Re: Joint PPI claim

The claim your ex made may have been made just on his behalf and for his element of the PPI only and so the Claims Guys may have just sent you their forms in the hope you'd sign up too. I can't see that they can validly charge him for your portion of the refund. That they sent you the forms indicates that your ex didn't forge forms with your signature.

There's a LeO case study here that although doesn't reflect your exact circumstances, establishes the principle that CMCs must ensure that ''appropriate authorities are held for each individual claimant and/or joint authorities where appropriate'' http://www.legalombudsman.org.uk/wp-...s-sold-PPI.pdf

[Sapper 62]

Re: Joint PPI claim

Thanks for advice ,I have read the link you sent and agree although not the same, I do not have to pay claim guys anything.
I am still amazed how the bank could just accept my claim without me stating I wanted to claim or signing ? all I did was follow instructions my ex sent me to call a number (which was Barclays PPI department ) and just answer the security which did take me 3 attempts !! then once through that informed me a cheque would be in post, I just don't understand that surely I would have needed to open up a claim ? But I will ignore anything form claimguys company as reading other bits they are a suspect company anyway and do keep hassling me to send those forms back.
Thanks

[EXC]

Re: Joint PPI claim

I am still amazed how the bank could just accept my claim without me stating I wanted to claim or signing ? all I did was follow instructions my ex sent me to call a number (which was Barclays PPI department ) and just answer the security which did take me 3 attempts !! then once through that informed me a cheque would be in post, I just don't understand that surely I would have needed to open up a claim ?

If the bank concluded that the PPI on your joint policy/loan was mis-sold (even if it was only your ex that claimed) it would follow that they should refund your portion too.

[Sapper 62]

Re: Joint PPI claim

The claim your ex made may have been made just on his behalf and for his element of the PPI only and so the Claims Guys may have just sent you their forms in the hope you'd sign up too. I can't see that they can validly charge him for your portion of the refund. That they sent you the forms indicates that your ex didn't forge forms with your signature.

There's a LeO case study here that although doesn't reflect your exact circumstances, establishes the principle that CMCs must ensure that ''appropriate authorities are held for each individual claimant and/or joint authorities where appropriate'' http://www.legalombudsman.org.uk/wp-...s-sold-PPI.pdf

Hi following on from this morning my ex has told me I have to give it all as he has bill from claims guy, but how can he have a bill for half that he cannot claim ? Sorry I don't understand it as I have not signed at all. Surely they cannot get money for something he has not claimed and will they know it has been claimed by me ?
Thanks again

[EXC]

Re: Joint PPI claim

You need to ask him to see the bill and see who it's made out to. In the meantime ask your bank to confirm in writing that they didn't have a letter of authority from the Claims Guys to act on your behalf.

[Sapper 62]

Re: Joint PPI claim

You need to ask him to see the bill and see who it's made out to. In the meantime ask your bank to confirm in writing that they didn't have a letter of authority from the Claims Guys to act on your behalf.

I doubt he will show me that but I will try and I will ask the bank for confirmation thanks, suppose it's the thing of Money being route of all evil !! What's his is his and what's mine is his !!! Thanks for help and advice

[Sapper 62]

Claim

Hi
Advice required again reagrds a PPI claim
my ex made a claim for PPI on a joint loan we had,he was not going to tell me but the claimsguys found they could only claim his half anyway i called direct and have secured my half now.My ex insists i give it to him as the loan came out of his money, he then suggested i keep a % back to pay for all the repairs in the house,he has since decided that he wants all the money or if not i use it to pay the mortgage for a year as he normally pays this with the agreement we had he paid the mortgage i have not maintenance and i dont touch his pension. So i need advice to if i have to give him any as its in my name and he had his half,I am happy to go back to the original offer but not sure if they can force me to give it all up if the checque is in my name and he had his and kept it all ? we were married 22 years and the loan taken out in 2009
Thanks in advance

[Sapper 62]

Payment

I have posted this in another area of the site but thought best here as it is a family matter
My ex made a claim for PPI using a claims company they were successful however the bank informed them they would only be paid his share as it was on a loan we both took out in 2009 ( we have been married 22 years separated 2 ) He asked me to make a claim and give him the money as he felt he had paid the loan so he should take all, even though I contributed through the marriage ! He then suggested that I take a small % so I could get the jobs completed in the house that he left, now he has informed me he has asked his solicitor to draw up a draft to state he wants it all or if not I take over the mortgage payment till it all runs out.
The arrangement when he left, :
He didn't pay maintenance but would pay the mortgage if I didn't touch his pension,as we still have a daughter at home and I only work part time,so I pay all bills and ask no further money which I do feel is fair.

Do I have to legally give him all this claim as he had his half and I do believe he was never going to tell me, and this is in my name only ! I am happy to give him part so he can keep paying mortgage and I keep his original offer to do all the repairs required as he stated but that was in a text which I have kept
Any advice please as I cannot afford to fight him.

[Openlaw15]

Re: Payment

I have posted this in another area of the site but thought best here as it is a family matter
My ex made a claim for PPI using a claims company they were successful however the bank informed them they would only be paid his share as it was on a loan we both took out in 2009 ( we have been married 22 years separated 2 ) He asked me to make a claim and give him the money as he felt he had paid the loan so he should take all, even though I contributed through the marriage ! He then suggested that I take a small % so I could get the jobs completed in the house that he left, now he has informed me he has asked his solicitor to draw up a draft to state he wants it all or if not I take over the mortgage payment till it all runs out.
The arrangement when he left, :
He didn't pay maintenance but would pay the mortgage if I didn't touch his pension,as we still have a daughter at home and I only work part time,so I pay all bills and ask no further money which I do feel is fair.

Do I have to legally give him all this claim as he had his half and I do believe he was never going to tell me, and this is in my name only ! I am happy to give him part so he can keep paying mortgage and I keep his original offer to do all the repairs required as he stated but that was in a text which I have kept
Any advice please as I cannot afford to fight him.

hello there, Snapper

Sorry to hear about these problems.

You were married for 22 years but not yet divorced, is this correct. You however say you were separated, ie assume this is a separation at this point and not a divorce? Whose name is the property in? If the property is in both names it's better for you. If the property is in his name only, you have what are called beneficial ownership rights (still an owner technically). It seems you have a joint mortgage together. If the PPI loan was in both names normally it's shared equally; but if he paid more it's up to you how you want to do this. He could take you to court to recover the PPI but he'll have to pay his lawyer to represent him and court costs. Unless the PPI is worth many thousands he's unlikely to.

If you're not divorced, both you and he are entitled to half of what each other has. Even after the divorce the court can still make an order to make sure you're financially supported. He can threaten you with forcing you to pay the mortgage off by yourself/ pay him the PPI but both persons are responsible for the mortgage if it's in joint names the exception is if one stopped paying the bank could come after either of you, technically. You may be entitled to legal aid to cover family court fees if he forces you to court etc. What am saying is you have rights. You have to look after your family so you need money to do that, so just don't give him all the PPI, just give him his 50%, this may be fair. Don't accept paying the mortgage off by yourself despite his threats as you could fall behind with the payments and lose the house.

[Sapper 62]

Re: Payment

Hi
thanks for advice, yes we are not divorced just seperated and the agreement he was putt g in place .. He paid the mortgage till our daughter turned 18 then I either take over if I can afford or sell but I take equity and do not touch his pension ( very good one ) he has another house in France but tries to say it's his girlfriends !! Anyway he has had his half of the PPI and never told me, yes he may have paid the loan but it was while we were together and I paid other things, I don't want him to struggle with the mortgage however the house requires such a lot of money spending so I wanted to offer a %, the PPI cheque for my half is in my name but he makes awful threats about taking the roof from me and our daughters head among other threats I felt I should give him it as he again tells me it's theft ? I have told him I will sit and talk to him but just wanted to make sure if I decided to keep some of the money and gave him the rest to help pay the mortgage I was within my rights to do so been as he has had his half

[Sapper 62]

Re: Payment

Hi
thanks for advice, yes we are not divorced just seperated and the agreement he was putt g in place .. He paid the mortgage till our daughter turned 18 then I either take over if I can afford or sell but I take equity and do not touch his pension ( very good one ) he has another house in France but tries to say it's his girlfriends !! Anyway he has had his half of the PPI and never told me, yes he may have paid the loan but it was while we were together and I paid other things, I don't want him to struggle with the mortgage however the house requires such a lot of money spending so I wanted to offer a %, the PPI cheque for my half is in my name but he makes awful threats about taking the roof from me and our daughters head among other threats I felt I should give him it as he again tells me it's theft ? I have told him I will sit and talk to him but just wanted to make sure if I decided to keep some of the money and gave him the rest to help pay the mortgage I was within my rights to do so been as he has had his half

Hi I have received the half of the PPI claim and it is in my name, my ex received the same amount, however he is insisting I give him it as whilst we were married he paid the PPI but I paid other things. Can he force me to give him this or as its the other half I can keep this ?
He make so many threats to me I feel I have to give it up but do need this money for the house repairs
citizen advice had no idea did think that as its the other half then it's mine and he cannot claim it
thanks in advance

[Amethyst]

Re: Claim

[MENTION=189]Turboman[/MENTION]