Arrears letter after claiming PPI

[Ken1]

Hi there

I claimed Black Horse for missold PPI, now I have a letter saying I owe them money, I was discharged from my bankruptcy 2 years ago and this was included in the agreement.

[Bill-K]

Re: Arrears letter after claiming PPI

Hi Ken, and welcome. So, the account on which you claimed miss-sold PPI from was covered by the bankruptcy ? Are BH now saying that the money you owe them is actually due to THIS account ?

Have they admitted mis-selling, and have they refunded any PPI as yet ?

They appear to be trying to get out of repaying the PPI by saying that - as creditors - they are entitled to it. If that is the case, then I think we can at least look on their assertion as an admission that they DID mis-sell the PPI - as they are now trying to 'claw it back.' That's a point in your favour.

I've been the subject of an IVA (Trust Deed), and not a bankruptcy - but I'm sure the principles are the same. Had you reclaimed the PPI during the course of your bankruptcy, then the creditors may well have had a claim on your PPI refund (still questionablly, though). Upon my discharge though, all the creditors were invited to a meeting, where they could lodge any objections to the Trust Deed being discharged. They took their reduced payout, and nobody objected, and I was given a document confirming that I had NO further obligations to my creditors in respect of the accounts/debts detailed in the Trust Deed.

I'm pretty damn sure this will be the case with bankruptcy - but this is no more than a semi-educated guess. Check your discharge documents for this.

You should, IMO, be entitled to all the PPI premiums you actually paid (prior to the bankruptcy 'settlement'), plus any apportioned account interest charged, plus a further 8% compensatory interest on these amounts.